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 .
Status of the Claims
Claims 1-3, and 5-10 are pending and are subject to this Office Action. Claim 4 is cancelled. Claim 10 is withdrawn.
Response to Amendments
The amendments to the claims filed on January 20, 2026 are acknowledged.
Response to Arguments
Applicant' s arguments, see pgs 5-8, filed January 20, 2026, with respect to the rejection(s) of claims 1-9 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 1 to include a limitation of Claim 4: “a container head, which faces the first container via the second container… and is rotatably coupled to the second container”. Applicant has additionally amended Claim 1 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “a container head, which…is fixed to the first container” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference.
The following is a modified rejection based on amendments made to the claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2018/0132534 A1) in view of Li (US 2014/0190503 A1).
Regarding Claim 1, Reevell, directed to aerosol generating devices ([0002]-[0003]), teaches a cartridge ([0096]-[0102], Figs. 1-9; Aerosol generating system 10 comprises power supply section 12, vaporiser section 14, and cartridge 16 which can be connected to each other as shown in Figs 1-5. Vaporiser section 14 contains a liquid aerosol-forming substrate 32. Cartridge 16 contains a solid aerosol forming substrate 46. Vaporiser section 14 and cartridge 16 define a cartridge for use with the power supply section 12 of aerosol generating system 10) comprising:
a first container having a cylindrical form ([0096], [0098]-[0100], Figs. 1-5; Vaporiser section 14 includes a vaporiser housing 18 defining a first container having a cylindrical form. Vaporiser housing 18 (first container) contains a liquid aerosol-forming substrate 32, airflow passage 28, capillary wick 36, and electric heater 38),
the first container including a hollow shaft such that liquid is containable between an inner surface of the first container and an outer surface of the hollow shaft ([0096], [0098]-[0100], Figs. 1-5; Vaporiser housing 18 (first container) comprises airflow passage 28 defining a hollow shaft at the center of vaporiser housing 18. Liquid aerosol-forming substrate is containable between an inner surface of vaporiser housing 18 (first container) an outer surface of airflow passage 28 (hollow shaft));
a second container, which is rotatably coupled to the first container ([0096], [0101]-[0103], Figs. 1-9; Cartridge 16 comprises a cartridge housing 40 (second container) which contains a solid aerosol forming substrate 46. Cartridge 16 comprises a cartridge housing 40 (second container) is rotatably coupled to vaporiser section 14 comprising vaporiser housing 18), and
includes a plurality of chambers, the plurality of chambers being isolated from each other along a circumference of the second container ([0109]-[0110], Figs. 8-9; Cartridge 216 of Figs. 8-9 is an alternate embodiment of the cartridge 16 of Figs. 1-5, wherein cartridge 216 can be used with power supply section 12 and the vaporiser section 14 shown in FIGS. 1 to 5. Cartridge 216 comprises cartridge housing 240 (analogous to cartridge housing 40, second container) which defines a first compartment 260 in which the solid aerosol-forming substrate 46 is positioned and a second compartment 262 in which a second aerosol-forming substrate 246 is positioned. The first and second compartment 260, 262 are a plurality of chambers which are isolated from each other along a circumference of the cartridge housing 240 (second container)), and
each of the plurality of chambers having a plurality of holes formed at upper and lower ends thereof ([0101], Figs. 1-5, 9; The cartridge 16 comprises a cartridge housing 40 defining a cartridge air inlet 42 and a cartridge air outlet 44. Mesh filters 48 may extend across the cartridge air inlet 42 and the cartridge air outlet 44 to retain the solid aerosol-forming substrate 46 in the cartridge housing 40. [0109]-[0111], Figs. 8-9; The cartridge air inlet of the cartridge 216 comprises a first cartridge air inlet 242 in fluidic communication with an upstream end of the first compartment 260 and a second cartridge air inlet 243 in fluidic communication with an upstream end of the second compartment 262. The cartridge air outlet of the cartridge 216 comprises a first cartridge air outlet 244 in fluidic communication with a downstream end of the first compartment 260 and a second cartridge air outlet 245 in fluidic communication with a downstream end of the second compartment 262. Cartridge 216 includes a mesh filter 48 covering first cartridge air inlet 242 and second cartridge air inlet 243 at the lower end of first and second compartment 260, 262 (plurality of chambers). Cartridge 216 includes a mesh filter 48 covering first cartridge air outlet 244 and second cartridge air outlet 245 at the upper end of first and second compartment 260, 262 (plurality of chambers). Mesh filters 48 comprise a plurality of holes; and therefore, each of the first and second compartment 260, 262 (plurality of chambers) have a plurality of holes formed at upper and lower ends thereof);
a wick, which extends through the hollow shaft in a diametrical direction of the hollow shaft ([0096], [0098]-[0100], Figs. 1-5; Vaporiser section 14 comprises a capillary wick 36 which extends through airflow passage 28 (hollow shaft) in a diametrical direction of airflow passage 28); and
a duct, which is positioned between the first container and the second container to allow an upper end of the hollow shaft to communicate with the lower end of one of the plurality of chambers ([0096]-[0102], Figs. 1-9; Wall portion 31 and the inner surface vaporiser housing 18 define a duct which is positioned between vaporiser housing 18 (first container) and cartridge housing (2)40 (second container) to allow an upper end of airflow passage 28 (hollow shaft) to communicate with cartridge air inlet 42 at the lower end of vaporiser section 14. [0109]-[0111], Fig. 9; As cartridge air inlet of the cartridge 216 comprises a first cartridge air inlet 242 in fluidic communication with an upstream end of the first compartment 260 and a second cartridge air inlet 243 in fluidic communication with an upstream end of the second compartment 262, cartridge 216 may be rotated such that the upper end of airflow passage 28 (hollow shaft) can communicate with the first cartridge air inlet 242 or second cartridge air inlet 243 at the respective lower ends of one of first and second compartment 260, 262 (plurality of chambers)),
but does not teach the cartridge comprising a container head, which faces the first container via the second container, is fixed to the first container, and is rotatably coupled to the second container
Li, directed to aerosol generating devices ([0001]-[0004]), teaches a cartridge ([0016], Fig. 1; An atomizer 100 (cartridge) for electronic cigarette includes a mouthpiece assembly 1, two heating assemblies 2, a fixing assembly 3, an atomizing sleeve 4, and a switching assembly 5; and [0037], Fig. 9, an electronic cigarette 300 includes the atomizer 100/200 and a battery assembly 400) comprising:
a first container having a cylindrical form ([0027], Fig. 1; The atomizer 100 further includes an ornament ring 6 having a cylindrical form. Ornament ring is necessarily capable of containing something, and is therefore a first container);
a second container which is rotatably coupled to the first container and includes a plurality of chambers ([0016]-[0017], Fig. 1; Heating assemblies 2 define a second container include a plurality of chambers, each containing atomizing oils of different tastes. One end of each heating assembly 2 is engaged with the mouthpiece assembly 1. Ends of the two heating assemblies 2 away from the mouthpiece assembly 1, are connected to the switching assembly 5; and [0023], Figs. 4-5; the switching assembly 5 includes a rotary table 501, two positive beads 502, and a positive cylindrical electrode 506. The positive cylindrical electrode 506 is fixed at a center of the rotary table 501, and is electrically connected to the positive beads 502; and [0025], The rotary table 501 is capable of rotating between a first position and a second position. When the rotary table 501 is in the first position, one heating assembly 2 is in contact with one of the positive beads 502, and is powered on; when the rotary table 501 is in the second position, the other heating assembly 2 is in contact with the other of the positive beads 502, and is powered on); and
a container head, which faces the first container via the second container, is fixed to the first container, and is rotatably coupled to the second container ([0016]-[0017], Figs. 1 and 4; Atomizer 100 (cartridge) includes a mouthpiece assembly 1 (container head); One end of each heating assembly 2 is engaged with the mouthpiece assembly 1. The fixing assembly 3 is hermetically coupled to the mouthpiece assembly 1, and configured for securing the two heating assemblies 2. The atomizing sleeve 4 is hermetically coupled to the fixing assembly 3, with the two heating assemblies 2 received therein. [0019], Fig. 3; The fixing assembly 3 includes an upper holder 301 and a lower holder 302. One end of the lower holder 302 is hermetically connected to the other end of the atomizing sleeve 4, the other end of the lower holder 302 is connected to the switching assembly 5. [0027], The atomizer 100 further includes an ornament ring 6 engaged with the switching base 511. Mouthpiece assembly 1 (container head) faces the ornament ring 6 (first container) via the heating assemblies (second container). Mouthpiece assembly 1 (container head) is fixed to ornament ring 6 via fixing assembly 3, atomizing sleeve 4, and switching base 511. One end of each heating assembly 2 (second container) is engaged with the mouthpiece assembly 1 (container head) in a way which allows for rotation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cartridge of Reevell comprising a container head, which faces the first container via the second container, is fixed to the first container, and is rotatably coupled to the second container as taught by Li because Reevell and Li are directed to aerosol generating devices, Li demonstrates that the container head provides a convenient aperture to allow one to inhale an aerosol from the cartridge (Li, [0004], [0016]-[0020]), and Li demonstrates that a second container including a plurality of chambers can be rotated by a rotatable switching assembly which allows one to electrically control which chamber is in use (Li, [0016]-[0026]). As Reevell requires one to manually rotate its second container (Reevell, [0101]-[0103]), one of ordinary skill in the art would have recognized that changing a manual function to an automatic function is an improvement over the prior art.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2018/0132534 A1) in view of Li (US 2014/0190503 A1) as applied to Claim 1, in view of Hejazi (US 2019/0289909 A1).
Regarding Claim 2, Reevell teaches the cartridge wherein the duct includes a first duct part, which covers the upper end of the hollow shaft, and a second duct part, which communicates with the first duct part and is positioned adjacent to the lower end of the one of the plurality of chambers ([0096]-[0102], Figs. 1-9; Wall portion 31 and the inner surface vaporiser housing 18 define the duct which is positioned between vaporiser housing 18 (first container) and cartridge housing (2)40 (second container) to allow an upper end of airflow passage 28 (hollow shaft) to communicate with cartridge air inlet 42. The lower surface of wall portion 31 and the portion of the inner surface of vaporizer housing 18 adjacent to wall portion 31 comprises a first duct part which covers the upper end of the airflow passage 28 (hollow shaft). The portion of the inner surface of vaporizer housing 18 near cartridge air inlet 42 forms a second duct part which com communicates with the first duct part and is positioned adjacent to the lower end of the one of the compartments 260, 262 (plurality of chambers)),
but does not teach the cartridge wherein the second container further includes a container shaft, which is positioned at a rotational center of the second container between the plurality of chambers, wherein the hollow shaft of the first container is axially aligned with the container shaft.
Hejazi, directed to aerosol generating devices ([0001]), teaches a cartridge ([0061], Figs. 4-6; Cartridge 500) comprising:
a first container ([0061], Figs. 4-6; Cartridge 500 comprises a primary reservoir 508 (first container));
a second container which is rotatably coupled to the first container, and includes a plurality of chambers ([0061]-[0070], Figs. 4-6; Cartridge 500 comprises a flavor adding assembly 520 comprising a flavor reservoir 522 (second container) divided into four separate chambers or flavor sections 560 (chambers). Flavor reservoir 522 is rotatably coupled to primary reservoir 508 (first container)),
wherein the second container further includes a container shaft, which is positioned at a rotational center of the second container between the plurality of chambers ([0061]-[0070], Figs. 4-6; Flavor reservoir 522 (second container) includes a container shaft positioned at a rotational center of reservoir 522 (second container) between the plurality of flavor sections 560 (chambers)).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the cartridge of Reevell in view of Li wherein the second container further includes a container shaft, which is positioned at a rotational center of the second container between the plurality of chambers as taught by Hejazi because Reevell, Li, and Hejazi are directed to aerosol generating devices, Hejazi demonstrates that a rotating second container comprising four or more chambers can include a container shaft to define the rotation axis of the second container (Hejazi, [0061]-[0070], Figs. 4-6), and this involves combining prior art elements according to known methods to yield predictable results.
Because the hollow shaft of Reevell is axially aligned with the rotational center of the second container (Reevell, [0096]-[0104], Figs. 3-5; Airflow passage 28 (hollow shaft) is aligned with the rotational center of cartridge 16), it is reasonably understood that the hollow shaft of the first container is axially aligned with the container shaft.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2018/0132534 A1) in view of Li (US 2014/0190503 A1) and Hejazi (US 2019/0289909 A1) as applied to Claim 2, and further in view of Kerdemelidis (US 2016/0338407 A1).
Regarding Claim 3, Reevell in view of Li and Hejazi does not teach the cartridge wherein the duct is fixed to the first container, and is rotatable relative to the second container.
Kerdemelidis, directed to aerosol generating devices ([0001]-[0003]), teaches a vaporizer device ([0087], Fig. 5; Vape device) comprising:
a first container comprising a hollow shaft ([0082]-[0087], Fig. 5; Vape device comprises mouthpiece 502 and a plurality of serially arranged atomizing modules (504, 506, 508, 510). Atomizing module 506 is the first container. The atomizing modules may be one of atomizing modules 100, 200, 300, 400 of Figs. 1-4. Atomizing module 100 comprises an atomizer chamber 126 having the shape of hollow shaft);
a second container ([0082]-[0087], Fig. 5; Vape device comprises mouthpiece 502 and a plurality of serially arranged atomizing modules (504, 506, 508, 510). Atomizing module 504 is the second container);
a duct which is positioned between the first container and the second container to allow an upper end of the hollow shaft to communicate with the lower end of the second container ([0087], Fig. 5; Vape device comprises mouthpiece 502 and a plurality of serially arranged atomizing modules (504, 506, 508, 510). Each of the atomizing modules (504, 506, 508, 510) have air inlets and outlets to allow passage of the aerosol through them. [0086], Fig. 4; Within atomizing module 506 (first container), air flows through the atomizer chamber 126 to exit via the outlet 138 in a proximal chamber 406. The proximal chamber 406 forms a duct to allow an upper end of the atomizer chamber 126 (hollow shaft) to communicate with a lower end of the atomizing module 504 (second container). Proximal chamber 406 (duct) is necessarily positioned between atomizing module 506 (first container) and atomizing module 504 (second container)),
wherein the duct includes a first duct part, which covers the upper end of the hollow shaft, and a second duct part which communicates with the first duct part and is positioned adjacent to the lower end of the second container ([0086]-[0087], Figs. 4-5; Proximal chamber 406 (duct) comprises a first duct part formed by the housing of atomizing module 400 (504/506) which covers the upper end of atomizer chamber 126 (hollow shaft); and a second duct part formed near outlet 138 which communicates with the first duct part and is positioned adjacent to the lower end of atomizing module 504 (second container)),
wherein the duct is fixed to the first container ([0086]-[0087], Figs. 4-5; Proximal chamber 406 (duct) is fixed to atomizing module 506 (first container)).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the cartridge of Reevell in view of Li and Hejazi wherein the duct is fixed to the first container as taught by Kerdemelidis because Reevell, Li, Hejazi, and Kerdemelidis are directed to aerosol generating devices, Kerdemelidis demonstrates that serially stacked containers may each comprise a duct to facilitate airflow through each of the containers (Kerdemelidis, [0083]-[0087], Figs. 4-5), and this involves combining prior art elements according to known methods to yield predictable results. Further, if the duct is fixed to the first container as taught by Kerdemelidis, the duct is necessarily rotatable relative to the second container because Reevell demonstrates that the first container is rotatable relative to the second container (Reevell, [0096], [0101]-[0103], Figs. 1-9).
Claim 5 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2018/0132534 A1) in view of Li (US 2014/0190503 A1) and Hejazi (US 2019/0289909 A1) as applied to Claim 2, and further in view of Zominy (US 2022/0287371 A1).
Regarding Claim 5, Reevell in view of Li and Hejazi does not teach the cartridge further comprising a disc disposed between the second container and the container head, wherein the container head has an outlet positioned above the container shaft, and wherein the disc has a disc hole configured to connect the plurality of holes formed at an upper end of each of the plurality of chambers to the outlet.
Zominy, directed to aerosol generating devices ([0001]-[0002]), teaches an aerosol generating device ([0045], Figs. 1A, 7A-C; Electronic cigarette 2) comprising:
a second container ([0045], Figs. 1A, 7A-C; Mouthpiece 1 of electronic cigarette 2 comprises main housing 12 (second container));
a container head positioned directly above the second container and rotatably coupled to the second container ([0045]-[0047], Figs. 1A-B; Mouthpiece 1 of electronic cigarette 2 comprises mouthpiece 40 (container head) positioned above main housing 12 (second container) and rotatably coupled to main housing 12);
a disc disposed between the second container and the container head ([0065]-[0068], Figs. 1-2; Seals 60, 62, 64, and 66 are annular gaskets that are arranged around the openings 20, 22, 42, 52. Seal 60 is positioned between main housing 12 (second container) and mouthpiece 40 (container head). Seal 60 reads on the disc because it is a flat circular object having a (disc) hole as further claimed below),
wherein the container head has an outlet positioned above the second container ([0045]-[0047], Figs. 1A-B; Mouthpiece 40 (container head) includes vapor channel 58 defining an outlet positioned above the main housing (second container)), and
wherein the disc has a disc hole configured to connect an upper end of the second container to the outlet ([0065]-[0068], Figs. 1-2; Seal 60 (disc) includes a hole formed by the annular shape, configured to connect the opening 20 at the upper end of main housing 12 (second container) to the vapor channel 58 (outlet)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cartridge of Reevell in view of Li and Hejazi further comprising a disc disposed between the second container and the container head, wherein the container head has an outlet positioned above the container shaft, and wherein the disc has a disc hole configured to connect the plurality of holes formed at an upper end of each of the plurality of chambers to the outlet similarly taught by Zominy because Zominy demonstrates that the disc prevents material leakage to from the second container to the container head (Zominy, [0065]-[0068]), and the disc hole allows air and vapor to flow from the second container to the outlet (Zominy, [0065]-[0068], Figs. 1-2), and this involves combining prior art elements according to known methods to yield predictable results. As Hejazi demonstrates that the container shaft is located at the rotational center of the second container (Hejazi, [0069]-[0070], Figs. 4-6), it is reasonably understood that the cartridge of Reevell in view of Li, Hejazi, and Zominy discloses the limitation: “wherein the container head has an outlet positioned above the container shaft” because the container shaft must be below the container head. Further, it would have been obvious to one of ordinary skill in the art to use the disc hole to the plurality of holes formed at an upper end of each of the plurality of chambers to the outlet because Zominy demonstrates that the disc hole allows air and vapor to flow from the second container to the outlet (Zominy, [0065]-[0068], Figs. 1-2) and Reevell demonstrates that the plurality of holes at an upper end of each of the plurality of chambers are located at an upper end of the second container (Reevell, [0096]-[0104], [0109]-[0111], Figs. 3-5).
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2018/0132534 A1) in view of Li (US 2014/0190503 A1), Hejazi (US 2019/0289909 A1) and Zominy (US 2022/0287371 A1) as applied to Claim 5, and further in view of Simpson (US 2020/0352238 A1).
Regarding Claims 6-8, Reevell in view of Li, Hejazi, and Zominy does not teach the cartridge further comprising a cap, which is coupled to a lower end of the first container and has an inlet formed through a lower surface of the cap; a seal, which is positioned between the hollow shaft of the first container and the cap to close a lower portion of the hollow shaft, and has an introduction inlet, which allows the wick positioned in the hollow shaft to communicate with the inlet of the cap, wherein the introduction inlet is axially aligned with the hollow shaft.
Simpson, directed to aerosol generating devices ([0001]-[0005]), teaches a cartridge ([0024]-[0030], Figs. 1-2; Cartomizer 200) comprising:
a first container ([0024]-[0030], Figs. 1-2; Cartomizer 200 comprises an upper portion 220 (first container) which defines reservoir 270),
the first container including a hollow shaft such that liquid is containable between an inner surface of the first container and an outer surface of the hollow shaft ([0024]-[0030], [0038], Figs. 1-3; Inner frame 430 comprises an airflow tube 432 and a middle section 434 which forms an atomizing chamber 465. Airflow tube 432 and middle section 434 form a hollow shaft positioned within upper portion 220 (first container) such that e-liquid is containable between an inner surface of upper portion 220 and an outer surface of the hollow shaft);
a wick, which extends through the hollow shaft in a diametrical direction of the hollow shaft ([0037]-[0038], Fig. 1-3; Wick 500 extends through the atomizing chamber 465 defined by middle section 434 (hollow shaft) in a diametrical direction of the hollow shaft);
a cap, which is coupled to a lower end of the first container and has an inlet formed through a lower surface of the cap ([0024]-[0030], Figs. 1-3; Cartomizer 200 comprises a base portion 210 (cap) coupled to the lower end of the upper portion 220 (first container). Base portion 210 (cap) has an air inlet hole 214 forms through a lower surface of the cap);
a seal, which is positioned between the hollow shaft of the first container and the cap to close a lower portion of the hollow shaft ([0033], Figs. 1-3; Primary seal 460 is positioned between the middle section 434 (hollow shaft) and the base portion 210 (cap) close to a lower portion of the middle section 434), and
has an introduction inlet, which allows the wick positioned in the hollow shaft to communicate with the inlet of the cap, wherein the introduction inlet is axially aligned with the hollow shaft ([0033], [0040], Figs. 1-3; Air is configured to enter the cartomizer 200 through air inlet hole 214 (inlet of the cap), then flows through an introduction inlet (not pictured) to reach the atomizing chamber 465 through which the wick 500 extends. Primary seal 460 must comprise an introduction inlet aligned with air inlet hole 214, hole 471 in PCB 470, the atomizing chamber 465, and airflow tube 432 (hollow shaft)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cartridge of Reevell in view of Li, Hejazi, and Zominy comprising a cap, which is coupled to a lower end of the first container and has an inlet formed through a lower surface of the cap; a seal, which is positioned between the hollow shaft of the first container and the cap to close a lower portion of the hollow shaft, and has an introduction inlet, which allows the wick positioned in the hollow shaft to communicate with the inlet of the cap, wherein the introduction inlet is axially aligned with the hollow shaft as taught by Simpson because Reevell, Li, Hejazi, Zominy, and Simpson are directed to aerosol generating devices, Simpson demonstrates that the cap and seal cooperate to prevent liquid leakage from the bottom of the cartridge (Simpson, [0033], [0041]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 9, Reevell in view of Li, Hejazi, Zominy, and Simpson does not teach the cartridge wherein the first container further includes an evaporation chamber through which the wick extends, the evaporation chamber having a diameter greater than a diameter of the hollow shaft, wherein the evaporation chamber has an open at a lower end thereof, and wherein the seal covers the open of the lower end of the evaporation chamber.
Simpson, directed to aerosol generating devices ([0001]-[0005]), teaches a cartridge ([0024]-[0030], Figs. 1-2; Cartomizer 200) comprising:
a first container ([0024]-[0030], Figs. 1-2; Cartomizer 200 comprises an upper portion 220 (first container) which defines reservoir 270),
the first container including a hollow shaft ([0024]-[0030], [0038], Figs. 1-3; Inner frame 430 comprises an airflow tube 432 (hollow shaft) positioned within upper portion 220 (first container));
a wick ([0037]-[0038], Fig. 1-3; Wick 500),
wherein the first container further includes an evaporation chamber through which the wick extends ([0037]-[0038], Fig. 1-3; Upper portion 220 (first container) includes atomizing chamber 465 (evaporation chamber) through which wick 500 extends),
the evaporation chamber having a diameter greater than a diameter of the hollow shaft ([0036]-[0038], Fig. 1-3; Atomizing chamber 465 (evaporation chamber) has a diameter greater than a diameter of airflow tube 432 (hollow shaft)),
wherein the evaporation chamber has an open at a lower end thereof ([0033], [0040], Figs. 1-3; Atomizing chamber 465 (evaporation chamber) has an open at a lower end thereof as shown in Fig. 3), and
wherein the seal covers the open of the lower end of the evaporation chamber ([0044]-[0045], Figs. 1-3; Primary seal 460 covers the open of the lower end of the atomizing chamber 465 (evaporation chamber)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cartridge of Reevell in view of Li, Hejazi, Zominy, and Simpson wherein the first container further includes an evaporation chamber through which the wick extends, the evaporation chamber having a diameter greater than a diameter of the hollow shaft, wherein the evaporation chamber has an open at a lower end thereof, and wherein the seal covers the open of the lower end of the evaporation chamber as taught by Simpson because Reevell demonstrates that the wick is located at a midpoint along a longitudinal axis of the hollow shaft (Reevell, [0099], Wick 36 is located at a midpoint along a longitudinal axis of the airflow passage 28 (hollow shaft)), Simpson demonstrates that having the wick located near the bottom of an evaporation chamber below a hollow shaft helps to ensure that the wick retains access to liquid in the reservoir even when the level of liquid drops as the liquid is consumed (Simpson, [0045], Figs. 1-3), and this involves combining prior art elements according to known methods to yield predictable results.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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