DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Status of the Claims
Claims 1-49 are pending. Claims 30-49 are withdrawn.
Election/Restriction
Applicant's election with traverse of in the reply filed on 9/29/2025 is acknowledged. The traversal is on the ground(s) that combined search and examination of the alleged inventions would not be a serious burden to the Examiner due to some commonalities found in the claim recitations. This is not found persuasive because the species are mutually exclusive and as such, do not have commonalities, and the Examiner detailed the serious burden in exam.
The requirement is still deemed proper and is therefore made FINAL.
Claims 30-49 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/29/2025.
Applicant indicated that claims 30-35 and 40-43 are drawn to nonelected species. However, as claim 48 depends from claim 42, claim 48 is also drawn to nonelected species and withdrawn from further consideration. Further, applicant elected Species G1, “An aerosol delivery device configured such that the cartridge is not inserted into the mouthpiece during use”, but independent claim 36 requires
“a removable mouthpiece assembly configured to engage the proximal end of the holder, the mouthpiece assembly defined by a first end and a longitudinally opposed second end and defining a second passageway extending therethrough, wherein the first end is configured to engage with a user's mouth and the second end is configured to sealingly engage and removably secure the removable cartridge therein” (emphasis added).
Therefore, claim 36 and claims 37-49 which depend from claim 36 are withdrawn from further consideration as being drawn to nonelected species.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 16, while an elongate body that is not part of the pair of actuatable ignitor contacts may extend between the actuatable ignitor contacts and an elongate body that is part of the pair of actuatable ignitor contacts may extend between other parts of the pair of actuatable ignitor contacts, it is unclear to one having ordinary skill in the art how the pair of actuatable ignitor contacts can themselves comprise an elongate body such that the elongate body extends between the actuatable ignitor contacts as a whole, as that requires a component to be between itself. For the purpose of this Office action, claim 16 is interpreted as requiring an elongate body extending between the actuatable ignitor contacts, the elongate body coupled to the main body and shaped to at least partially surround the removable cartridge, such that the actuatable ignitor contacts are deflectable towards each other and into the second position but that claim 16 does not require the elongate body to be a part of the pair of actuatable ignitor contacts.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reevell (US 2019/0274358 A1).
Regarding claim 1, Reevell discloses an aerosol delivery device (“aerosol-generating device”, Fig. 18) comprising:
a holder (combination of “device housing 60” and “device housing 63”, labeled in Fig. 10, ¶ 0087-0088, corresponding to the respective housing components in Fig. 18) comprising a main body (combination of “device housing 60” and “device housing 63”, labeled in Fig. 10, ¶ 0087-0088, corresponding to the respective housing components in Fig. 18) defining a proximal end (end adjacent to “mouthpiece 66”, see Figs. 11 and 18) and a distal end (the end opposing the proximal end), the main body further defining a receiving chamber (“device housing 60” comprising “cavity 62”, labeled in Fig. 10, ¶ 0087, corresponding to the housing with cavity in Fig. 18) configured to receive a removable cartridge comprising an ignitable heat source (such a removable cartridge may be received in the same manner that “aerosol-forming substrate 3” is received, as seen in Fig. 18) and a first aerosol passageway (“channel 112”, Fig. 18, ¶ 0102) that extends through at least a portion of the main body (Fig. 18);
a mouthpiece (“mouthpiece 66”, Fig. 18, ¶ 0102) including a first end (end with “outlet opening 661”, Fig. 18, ¶ 0102) and a longitudinally opposed second end (“extension 664”, Fig. 18, ¶ 0102) with a second aerosol passageway extending longitudinally therebetween (¶ 0100), wherein the first end is configured to engage with a user's mouth (a user may place their mouth around the “outlet opening 661” of “mouthpiece 66”, Fig. 18, ¶ 0100) and the second end is configured to engage the proximal end of the holder (Fig. 18);
a power source (“power source such as a battery 600”, Fig. 18, ¶ 0100) disposed within the main body (Fig. 18); and
a dual-purpose actuator assembly (“heater 4”, labeled in Fig. 5, ¶ 0080, corresponding to the heater in Fig. 18) coupled to the holder (Fig. 18) and configured to ignite the ignitable heat source (“heat is provided to the substrate in a heating chamber through resistive or inductive heating”, ¶ 0039) and eject the removable cartridge (“By activating the lever 44 the heating chamber piston 42 may be moved into the heating chamber (moving direction indicated by an arrow in FIG. 5) thereby moving the base 41 of the heater versus the top of the heater. Thereby, aerosol-forming substrate may be ejected from the heating chamber 40”, ¶ 0080, see Figs. 5 and 18).
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.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0274358 A1) as applied to claim 1 above, and further in view of Cocker et al. (US 2021/0402113 A1).
Regarding claim 2, Reevell discloses the aerosol-delivery device of claim 1, as discussed above. Reevell further discloses wherein the dual-purpose actuator assembly comprises:
a slider body (combination of “heating chamber 40” and “moveable base 41”, Figs. 5-6, ¶ 0080) slidably disposed within the main body of the holder (¶ 0080) and defining a receptacle (receptacle in “heating chamber 40”, Fig. 5) configured to at least partially receive the removable cartridge (Fig. 18), the slider body configured to slide along a length of the main body in a first direction and a second direction (“direction indicated by an arrow in Fig. 5” and “opposite direction”, ¶ 0080); and
a push button (“lever 44”, Figs. 5 and 18, ¶ 0080) coupled to the slider body so as to move the dual-purpose actuator assembly between a loading position (“for preparing the device for a reloading, the lever 44 of the heater 4 may be pushed upwards in the opening 61”, ¶ 0083), a lighting position (position with “aerosol-forming substrate 3” in “heating chamber 40”, Fig. 18, ¶ 0082), and an ejecting position (“By activating the lever 44 the heating chamber piston 42 may be moved into the heating chamber (moving direction indicated by an arrow in FIG. 5) thereby moving the base 41 of the heater versus the top of the heater. Thereby, aerosol-forming substrate may be ejected from the heating chamber 40”, ¶ 0080), the push button configured to engage an electrical contact when in the lighting position (“push button 44” engages with “heater 4”, Fig. 5, which is an electrical contact, ¶ 0039).
However, Reevell does not explicitly disclose that the push button is a spring-loaded push button or a spring assembly configured to engage the slider body and bias the dual-purpose actuator assembly into the loading position.
Cocker, in the same field of endeavor, discloses that a push button (“sliding tab 140”, Fig. 7, ¶ 0057) may be spring-loaded (“the sliding mechanism may further comprise a spring”, ¶ 0058) such that the spring acts as a spring assembly configured to engage the slider body and bias a component out of a housing (“the spring exerts a force that compels [the component] to deploy out of housing”, ¶ 0058). One of ordinary skill in the art would have understood that there was a benefit to using springs as taught by Cocker in that it exerts a force that allows a user to easily move a component outside of the main housing (¶ 0058). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a spring assembly, as taught by Cocker, configured to engage the slider body of Reevell and bias the dual-purpose actuator assembly into the loading position such that the push button is spring-loaded, in order to obtain this benefit.
Claims 3, 7, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0274358 A1) as applied to claim 1 above, and further in view of Cocker et al. (US 2021/0402113 A1) and Chen (US 2020/0390160 A1).
Regarding claim 3, Reevell discloses the aerosol-delivery device of claim 1, as discussed above. Reevell further discloses wherein the dual-purpose actuator assembly comprises:
a slider body (combination of “heating chamber 40” and “moveable base 41”, Figs. 5-6, ¶ 0080) slidably disposed within the main body of the holder (¶ 0080) and comprising a track (“longitudinal opening 61” in “device housing 60” in which “lever 44” moves, Fig. 7, ¶ 0083, 0085) and a collar (“heating chamber 40”, Fig. 5) coupled to the track (coupled via “device housing 60”, Figs. 7 and 18) and defining a receptacle (receptacle defined by “heating chamber 40” and “moveable base 41”, Fig. 5) configured to at least partially receive the removable cartridge (Fig. 18), the slider body configured to slide along a length of the main body in a first direction and a second direction (“upward and downward”, ¶ 0085); and
a push button (“lever 44”, Figs. 5, 7, and 18, ¶ 0080, 0083) engageable with the track of the slider body so as to move the dual-purpose actuator assembly between a loading position (“for preparing the device for a reloading, the lever 44 of the heater 4 may be pushed upwards in the opening 61”, ¶ 0083), a lighting position (position with “aerosol-forming substrate 3” in “heating chamber 40”, Fig. 18, ¶ 0082) , and an ejecting position (“By activating the lever 44 the heating chamber piston 42 may be moved into the heating chamber (moving direction indicated by an arrow in FIG. 5) thereby moving the base 41 of the heater versus the top of the heater. Thereby, aerosol-forming substrate may be ejected from the heating chamber 40”, ¶ 0080), the push button configured to engage an electrical contact when in the lighting position (“push button 44” engages with “heater 4”, Fig. 5, which is an electrical contact, ¶ 0039).
However, Reevell does not explicitly disclose that the push button is a spring-loaded push button or a spring assembly configured to engage the slider body and bias the dual-purpose actuator assembly into the loading position.
Cocker, in the same field of endeavor, discloses that a push button (“sliding tab 140”, Fig. 7, ¶ 0057) may be spring-loaded (“the sliding mechanism may further comprise a spring”, ¶ 0058) such that the spring acts as a spring assembly configured to engage the slider body and bias a component out of a housing (“the spring exerts a force that compels [the component] to deploy out of housing”, ¶ 0058). One of ordinary skill in the art would have understood that there was a benefit to using springs as taught by Cocker in that it exerts a force that allows a user to easily move a component outside of the main housing (¶ 0058). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a spring assembly, as taught by Cocker, configured to engage the slider body of Reevell and bias the dual-purpose actuator assembly into the loading position such that the push button is spring-loaded, in order to obtain this benefit.
Further, Reevell does not explicitly disclose both an upper track and a lower track.
Chen, in the same field of endeavor, discloses that slider bodies (“slider members 44”, Fig. 3, ¶ 0037) may use two tracks (“plurality of sliding tracks 51”, Fig. 3, ¶ 0037, one of which can be considered an upper track, with another considered a lower track). One of ordinary skill in the art would have understood that there was a benefit to using multiple tracks in that allows for a backup method of moving the slider body in the event that the push button in one of the tracks were to break off. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate two tracks, as taught by Chen, as upper and lower tracks in the device of Reevell, with both of these tracks coupled to the collar, in order to obtain this benefit.
Regarding claim 7, Reevell in view of Cocker and Chen discloses the aerosol delivery device of claim 3 above. Chen further discloses defining a slot (“actuating slot 54”, Fig. 3, ¶ 0039) through a surface of the housing (corresponding to the holder in the device of the combination), wherein the upper track of the slider body is sealingly engaged with the housing about the slot (sealed by “sliding members 44”, Fig. 3, ¶ 0039) and the slot is configured to slidably receive the push button therein (“driving latch 431”, Fig. 3, ¶ 0039, corresponding to the spring-loaded push button in the device of the combination). Chen further discloses sliding the slider bodies in the both the upper and lower tracks at the same time using the push button received into the slot of the housing located in the middle between the two tracks (Fig. 3, ¶ 0039). One of ordinary skill in the art would have understood that there was a benefit to this configuration in that it distributes the force equally between both slider bodies. 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 the combination to include the slot configuration taught by Chen, in order to obtain this benefit.
Regarding claim 10, Reevell in view of Cocker and Chen discloses the aerosol delivery device of claim 3 above. Reevell further discloses wherein the receptacle of the slider body comprises an inner stem (combination of “heating chamber piston 42” and “heating chamber walls 43”, Fig. 5) engageable with one end of the removable cartridge and defining a passageway therethrough for passing an aerosol generated from the removable cartridge (Fig. 18).
Regarding claim 13, Reevell in view of Cocker and Chen discloses the aerosol delivery device of claim 10 above. Reevell further discloses wherein the inner stem is configured to engage with and eject the removable cartridge when the dual-purpose actuator assembly is moved to the ejecting position (¶ 0080).
Claims 4-6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0274358 A1) in view of Cocker et al. (US 2021/0402113 A1) and Chen (US 2020/0390160 A1) as applied to claim 3 above, and further in view of Ceppi et al. (US 2019/0150505 A1).
Regarding claim 4, Reevell in view of Cocker and Chen discloses the aerosol delivery device of claim 3 above. Reevell further discloses
an inner slide seal body (“heating chamber piston 42”, Fig. 5, ¶ 0080) disposed within the receptacle of the slider body and sealingly coupled thereto (Fig. 5), the inner slider seal body defining a cavity configured to sealingly engage and removably secure the removable cartridge therein (Fig. 18).
However, Reevell in view of Cocker and Chen does not disclose an opening configured to receive the removable cartridge at the distal end of the main body.
Ceppi, in the same field of endeavor, discloses a receiving chamber comprising
an end cap (“second sleeve 230”, Figs. 2-3, ¶ 0094) engaged with the distal end of a main body (“holder 200”, Figs. 2-3, ¶ 0094) and defining an opening configured to receive a removable cartridge (opening into which “aerosol generating article having a combustible heat source 102” is received, Fig. 3, ¶ 0094); and
an outlet guide (combination of “first sleeve 220” and “body 210”, Fig. 5B, ¶ 0094) slidably disposed within the main body (“first sleeve 200” and “body 210” extend into the main body as seen in Fig. 5B, and are slidably disposed, as discussed in ¶ 0094-0095) and through the end cap (Fig. 5B), the outlet guide defining a passageway therethrough configured to pass a removable cartridge therethrough (“passage for receiving an aerosol generating article 100 having a heat source 102”, Fig. 5B, ¶ 0099).
One of ordinary skill in the art would have understood that there was a benefit to configuring the aerosol delivery device such that a removable cartridge may be received at the distal end of the device in that the user does not need to remove the mouthpiece to change cartridges. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to change the configuration of the device of Reevell such that the receiving chamber has an end cap engaged with the distal end of the main body and defining an opening configured to receive the removable cartridge and an outlet guide coupled to the slider body and slidably disposed within the main body and through the end cap, the outlet guide defining a passageway therethrough configured to pass the removable cartridge therethrough, as taught by Ceppi, in order to obtain this benefit.
Regarding claim 5, Ceppi further discloses a pair of actuatable contacts (two of the four “retention members 247” of “retainers 240”, Figs. 2-4, ¶ 0096) disposed proximate a distal end of the receiving chamber (Fig. 2) and configured to be engaged with an ignitable heat source (“combustible heat source 102”, Fig. 2) when a removable cartridge (“aerosol generating article 100” with “combustible heat source 102”) is secured within the receiving chamber (Fig. 2).
One of ordinary skill in the art would have understood that there was a benefit to using actuatable contacts in that, when the removable cartridge with ignitable heat source is at the distal end of the aerosol delivery device, the contacts secure the removable cartridge with ignitable heat source within the device (Fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace “heating chamber wall 43” of the dual-purpose actuator assembly, “heater 4”, of Reevell with the pair of actuatable contacts of Ceppi, in order to obtain this benefit.
In the resulting configuration, as Reevell discloses that the “heating chamber wall 43” of “heater 4” also provided the source of ignition for the aerosolizable material (¶ 0039), when the actuatable contact configuration of Ceppi replaces the “heating chamber wall 43” of Reevell, the actuatable contacts will be actuatable ignitor contacts.
Regarding claim 6, the combination of Reevell, Cocker, Chen, and Ceppi discloses the aerosol delivery device of claim 5 above. Ceppi further discloses
a first contact arm (“deflectable arm 242” of “retainer 240”, connected to one of the pair of actuatable ignitor contacts, “retention member 247” of “retainer 240”, Fig. 4, ¶ 0096) pivotably coupled to the main body (“The retainer comprises a deflectable arm (242) and a retention member (247) extending from the arm and configured to retain the article within the passage of the body when the retainer is in the first position. Movement of the retainer to the second position causes the arm to deflect to provide access for introducing or withdrawing the article from the passage of the body.”, Figs. 2-3, Abstract) and configured to receive one of the pair of actuatable ignitor contacts (“a retention member 247 extending from the arm 242”, ¶ 0096); and
a second contact arm (“deflectable arm 242” of “retainer 240” connected to the other one of the pair of actuatable ignitor contacts, “retention member 247” of “retainer 240”, Fig. 4, ¶ 0096) pivotably coupled to the main body (“The retainer comprises a deflectable arm (242) and a retention member (247) extending from the arm and configured to retain the article within the passage of the body when the retainer is in the first position. Movement of the retainer to the second position causes the arm to deflect to provide access for introducing or withdrawing the article from the passage of the body.”, Figs. 2-3, Abstract) and configured to receive the other one of the pair of actuatable ignitor contacts (“a retention member 247 extending from the arm 242”, ¶ 0096);
wherein actuation of the first and second contact arms can move the ignitor contacts into contact with an ignitable heat source (“combustible heat source 102”, Fig. 2). As such, the in the device of the combination, the first and second contact arms are actuated via contact with the lower track of the slider body (as moving along the track is what causes the remainder of the slider body to move) when the dual-purpose actuator assembly is moved into the lighting position.
Regarding claim 11, the combination of Reevell, Cocker, Chen, and Ceppi discloses the aerosol delivery device of claim 5 above. Ceppi further discloses wherein the outlet guide comprises a pair of opposing slots (opposing slots between “body 210” and “first sleeve 220” into which the contact arms, “deflectable arms 242” of “retainers 240”, are placed, see Figs. 2-4, ¶ 0095-0096) configured to allow the ignitor contacts to pass therethrough and engage with an ignitable heat source (“combustible heat source 102”, Fig. 2).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0274358 A1) in view of Cocker et al. (US 2021/0402113 A1) and Chen (US 2020/0390160 A1) as applied to claim 3 above, and further in view of Zhang et al. (US 2019/0191766 A1).
Regarding claim 8, Reevell in view of Cocker and Chen discloses the aerosol delivery device of claim 3 above. Reevell further discloses an inner housing (“device housing 63”, labeled in Fig. 10, ¶ 0088, corresponding to the respective housing component in Fig. 18) disposed within the main body of the holder (Fig. 18) which receives the power source and control circuitry (“distal portion of the device housing comprises a power source such as a battery 600 and electronics 601 for controlling”, Fig. 18, ¶ 0100).
However, Reevell does not explicitly disclose a printed circuit board in electrical communication with the power source and comprising the electrical contact, wherein the inner housing is configured to receive the power source and the printed circuit board.
Zhang, in the same field of endeavor, discloses using a printed circuit board (“PCB”, ¶ 0005, see “PCB 5”, Fig. 1, ¶ 0046) in electrical communication with a power source (“PCB integrated with a circuit for charging the electrical core and adjusting its output power”, ¶ 0005) and comprising an electrical contact (“charging circuit input of the PCB”, ¶ 0011, see “circuit input 26”, Fig. 1, ¶ 0046). One of ordinary skill in the art would have understood that there was a benefit to using a printed circuit board in electrical communication with the power source and comprising an electrical contact in that it allows the power source to be recharged. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a printed circuit board, as taught by Zhang, in electrical communication with the power source of Reevell and comprising the electrical contact, wherein the inner housing of Reevell is configured to receive the power source and the printed circuit board, in order to obtain this benefit.
Regarding claim 9, Zhang further discloses wherein the printed circuit board further comprises a charging port (“USB charging port 17”, Figs. 1 and 6, ¶ 0046) and the printed circuit board is oriented within the housing (corresponding to the inner housing in the device of the combination) so that the charging port is disposed at the proximal end of the holder (Fig. 6).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0274358 A1) in view of Cocker et al. (US 2021/0402113 A1), Chen (US 2020/0390160 A1), and Ceppi et al. (US 2019/0150505 A1) as applied to claim 4 above, and further in view of Phillips et al. (US 2015/0223520 A1).
Regarding claim 12, Reevell in view of Cocker, Chen, and Ceppi discloses the aerosol delivery device of claim 4 above. However, Ceppi does not disclose that the end cap is translucent and configured to allow light from the ignitable heat source to pass therethrough when lit.
Phillips, in the same field of endeavor, discloses forming components within an aerosol delivery device to be translucent (“translucent”, ¶ 0087). One of ordinary skill in the art would have understood that there was a benefit to forming components to be translucent in that it allows the user to see the status of the smokeable material to determine if it needs to be replaced (¶ 0087). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the components surrounding the chamber holding the removeable cartridge in the device of the combination, which includes the end cap, to be translucent, in order to achieve this benefit. In the resulting configuration, light form the ignitable heat source of the removeable cartridge would be allowed to pass therethrough when lit.
Claims 14-21 and 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0274358 A1) in view of Ceppi et al. (US 2019/0150505 A1).
Regarding claim 14, Reevell discloses an aerosol delivery device (“aerosol-generating device”, Fig. 18) comprising:
a holder (combination of “device housing 60” and “device housing 63”, labeled in Fig. 10, ¶ 0087-0088, corresponding to the respective housing components in Fig. 18) comprising a main body (combination of “device housing 60” and “device housing 63”, labeled in Fig. 10, ¶ 0087-0088, corresponding to the respective housing components in Fig. 18) defining a proximal end (end adjacent to “mouthpiece 66”, see Figs. 11 and 18) and a distal end (the end opposing the proximal end), the main body further defining a receiving chamber (“device housing 60” comprising “cavity 62”, labeled in Fig. 10, ¶ 0087, corresponding to the housing with cavity in Fig. 18) configured to receive a removable cartridge comprising an ignitable heat source (such a removable cartridge may be received in the same manner that “aerosol-forming substrate 3” is received, as seen in Fig. 18) and a passageway (“channel 112”, Fig. 18, ¶ 0102) that extends through at least a portion of the main body (Fig. 18;
a mouthpiece (“mouthpiece 66”, Fig. 18, ¶ 0102) configured to engage with a user's mouth (a user may place their mouth around the “outlet opening 661” of “mouthpiece 66”, Fig. 18, ¶ 0100);
a power source (“power source such as a battery 600”, Fig. 18, ¶ 0100) disposed within the main body (Fig. 18); and
an ignitor (“heater 4”, labeled in Fig. 5, ¶ 0080, corresponding to the heater in Fig. 18) configured to ignite the ignitable heat source when the removable cartridge is secured within the receiving chamber (“heat is provided to the substrate in a heating chamber through resistive or inductive heating”, ¶ 0039).
However, Reevell does not explicitly disclose wherein the ignitor comprises a pair of actuatable ignitor contacts disposed proximate the distal end of the main body, wherein the ignitor contacts are movably coupled to the holder and movable between a first position spaced apart from the ignitable heat source and a second position contacting the ignitable heat source.
Ceppi, in the same field of endeavor, discloses an aerosol delivery device comprising
a pair of actuatable contacts (two of the four components comprising “distal arm portion 243” and “retention member 247” of “retainer 240” which are on opposing sides, Figs. 2-4, ¶ 0096) disposed proximate a distal end of a main body (“holder 200”, Fig. 2, ¶ 0094) and configured to be engaged with an ignitable heat source (“combustible heat source 102”, Fig. 2) when a removable cartridge (“aerosol generating article 100” with “combustible heat source 102”) is secured within a receiving chamber at the distal end of the main body (Fig. 2), wherein the contacts are movably coupled to a holder comprising the main body (movably coupled to “holder 200”, Fig. 2, ¶ 0094-0096) and movable between a first position spaced apart from the ignitable heat source (Fig. 3) and a second position contacting the ignitable heat source (Fig. 2).
One of ordinary skill in the art would have understood that there was a benefit to configuring the aerosol delivery device such that a removable cartridge may be received at the distal end of the device in that the user does not need to remove the mouthpiece to change cartridges. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to change the configuration of the device of Reevell such that the ignitor is disposed proximate the distal end of the main body, in order to obtain this benefit.
Further, one of ordinary skill in the art would have understood that there was a benefit to using actuatable contacts in that, when the removable cartridge with ignitable heat source is at the distal end of the aerosol delivery device, the contacts secure the removable cartridge with ignitable heat source within the device (Fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace “heating chamber wall 43” of the ignitor, “heater 4”, of Reevell with the pair of actuatable contacts of Ceppi, in order to obtain this benefit.
In the resulting configuration, as Reevell discloses that the “heating chamber wall 43” of “heater 4” also provided the source of ignition for the aerosolizable material (¶ 0039), when the actuatable contact configuration of Ceppi replaces the “heating chamber wall 43” of Reevell, the actuatable contacts will be actuatable ignitor contacts, and these actuatable ignitor contacts will be movably coupled to the holder and movable between a first position spaced apart from the ignitable heat source and a second position contacting the ignitable heat source.
Regarding claim 15, Reevell in view of Ceppi discloses the aerosol delivery device of claim 14 above. Further, in the device of the combination, each of the actuatable ignitor contacts comprises an elongate body (“distal arm portion 243” of “retainer 240”, Fig. 4, ¶ 0096 of Ceppi) and a contact portion (“retention member 247” of “retainer 240”, Fig. 4, ¶ 0096 of Ceppi) disposed at a distal end thereof (Fig. 4 of Ceppi), a proximal end of the elongate body pivotably coupled to the main body and wherein the contact portions are pivotable towards each other and into the second position (Figs. 2-4 of Ceppi).
Regarding claim 16, Reevell in view of Ceppi discloses the aerosol delivery device of claim 14 above. Further, in the device of the combination, there is an elongate body extending between the actuatable ignitor contacts (a third of the four components comprising “distal arm portion 243” and “retention member 247” of “retainer 240” between the two actuatable ignitor contacts, Figs. 2-4, ¶ 0096 of Ceppi), the elongate body coupled to the main body and shaped to at least partially surround the removable cartridge (Figs. 2-4 of Ceppi), such that the actuatable ignitor contacts are deflectable towards each other and into the second position (Figs. 2-4 of Ceppi).
Regarding claim 17, Reevell in view of Ceppi discloses the aerosol delivery device of claim 14 above. Further, in the device of the combination, each of the actuatable ignitor contacts comprises an elongate body (“distal arm portion 243” of “retainer 240”, Fig. 4, ¶ 0096 of Ceppi) and a contact portion (“retention member 247” of “retainer 240”, Fig. 4, ¶ 0096 of Ceppi) disposed at a distal end thereof (Fig. 4 of Ceppi), the elongate bodies pivotably coupled to the main body and shaped to bias the ignitor contacts into the first position (“bend portion 245” of “retainer 240” biases the contact, “retention member 247”, into the first position, Fig. 3, ¶ 0096 of Ceppi).
Regarding claim 18, Reevell in view of Ceppi discloses the aerosol delivery device of claim 14 above. Further, in the device of the combination, the actuatable ignitor contacts are in electrical communication with the power source (“heat is provided to the substrate in a heating chamber through resistive or inductive heating”, ¶ 0039 of Reevell).
Regarding claim 19, Reevell in view of Ceppi discloses the aerosol delivery device of claim 14 above. Reevell further discloses an actuator assembly (combination of “lever 44”, Fig. 18, ¶ 0080, and “activation knob 65”, Fig. 18, ¶ 0088) coupled to the holder (Fig. 18) and configured to move the ignitor (corresponding to the actuatable ignitor contacts in the device of the combination) between the first position and the second position (¶ 0080).
Regarding claim 20, Reevell in view of Ceppi discloses the aerosol delivery device of claim 19 above. Reevell further discloses wherein the actuator assembly is configured to couple the ignitor (corresponding to the actuatable ignitor contacts in the device of the combination) to the holder (“lever 44” couples the ignitor, “heater 4”, to the holder, “device housing 60”, in that it prevents the ignitor from rotating relative to the holder, see Figs. 7 and 10).
Regarding claim 21, Reevell in view of Ceppi discloses the aerosol delivery device of claim 19 above. Reevell further discloses wherein the actuator assembly moves the ignitor (corresponding to the ignitor contacts in the device of the combination) into electrical communication with the power source (“lever 44” moves the ignitor, “heater 4”, into a lighting position with “aerosol-forming substrate 3” in “heating chamber 40”, Fig. 18, ¶ 0082, and “activation knob 65” provides electrical power to the ignitor, ¶ 0088).
Regarding claim 26, Reevell in view of Ceppi discloses the aerosol delivery device of claim 17 above. Ceppi further discloses an actuator assembly comprising:
a first button assembly (“proximal arm portion 241” of “retainer 240” corresponding to a first one of the pair of contacts, Fig. 4, ¶ 0096; this component is considered a “button assembly” as it will be coupled to the button of “lever 44” in Fig. 18 of Reevell in the device of the combination, see ¶ 0080 of Reevell) movably disposed within the holder (corresponding to the holder in the device of the combination) proximate a first one of the pair of actuatable ignitor contacts (Fig. 4);
a first contact arm (“bend portion 245” of “retainer 240” corresponding to the first button assembly, Fig. 4, ¶ 0096) pivotably coupled to the main body and configured to receive the elongate body of the first ignitor contact (Figs. 2-4), the first contact arm actuated via contact with the first button assembly so as to pivot the first ignitor contact from its first position to its second position (Figs. 2-4, ¶ 0096);
a second button assembly (“proximal arm portion 241” of “retainer 240” corresponding to a second one of the pair of contacts, Fig. 4, ¶ 0096; this component is considered a “button assembly” as it will be coupled to the button of “lever 44” in Fig. 18 of Reevell in the device of the combination, see ¶ 0080 of Reevell) movably disposed within the holder (corresponding to the holder in the device of the combination) proximate the second one of the pair of actuatable ignitor contacts (Fig. 4), the second button assembly oriented substantially in opposition to the first button assembly (the two button assemblies are considered to be oriented substantially in opposition as they will pivot in opposite directions); and
a second contact arm (“bend portion 245” of “retainer 240” corresponding to the second button assembly, Fig. 4, ¶ 0096) pivotably coupled to the main body and configured to receive the elongate body of the second ignitor contact (Figs. 2-4), the second contact arm actuated via contact with the second button assembly so as to pivot the second ignitor contact from its first position to its second position (Figs. 2-4, ¶ 0096).
Regarding claim 27, Reevell in view of Ceppi discloses the aerosol delivery device of claim 26 above. Further, in the device of the combination, “the button assemblies” will also include the button assembly of Reevell (“activation knob 65”, Fig. 18, ¶ 0088) and actuation of the button assemblies delivers electrical energy to the ignitable heat source (¶ 0088 of Reevell).
Regarding claim 28, Reevell in view of Ceppi discloses the aerosol delivery device of claim 19 above. Ceppi further discloses the actuator assembly comprises:
a first button assembly (“proximal arm portion 241” of “retainer 240” corresponding to a first one of the pair of contacts, Fig. 4, ¶ 0096; this component is considered a “button assembly” as it will be coupled to the button of “lever 44” in Fig. 18 of Reevell in the device of the combination, see ¶ 0080 of Reevell) movably disposed within the holder (corresponding to the holder in the device of the combination) proximate a first one of the pair of actuatable ignitor contacts (Fig. 4); and
a second button assembly (“proximal arm portion 241” of “retainer 240” corresponding to a second one of the pair of contacts, Fig. 4, ¶ 0096; this component is considered a “button assembly” as it will be coupled to the button of “lever 44” in Fig. 18 of Reevell in the device of the combination, see ¶ 0080 of Reevell) movably disposed within the holder (corresponding to the holder in the device of the combination) proximate the second one of the pair of actuatable ignitor contacts (Fig. 4), the second button assembly oriented substantially in opposition to the first button assembly (the two button assemblies are considered to be oriented substantially in opposition as they will pivot in opposite directions),
wherein actuation of the button assemblies moves the first and second actuatable ignitor contacts from their first positions to their second positions (Figs. 2-4, ¶ 0096).
Regarding claim 29, Reevell in view of Ceppi discloses the aerosol delivery device of claim 29 above. Ceppi further discloses the actuator assembly comprises:
a first contact arm (“bend portion 245” of “retainer 240” corresponding to the first button assembly, Fig. 4, ¶ 0096) pivotably coupled to the main body and configured to pivotably couple the first ignitor contact to the main body (Figs. 2-4); and
a second contact arm (“bend portion 245” of “retainer 240” corresponding to the second button assembly, Fig. 4, ¶ 0096) pivotably coupled to the main body and configured to pivotably couple the second ignitor contact to the main body (Figs. 2-4);
wherein the first and second button assemblies are in contact with the first and second contact arms, respectively, such that actuation of the button assemblies pivots the first and second ignitor contacts into their second positions (Figs. 2-4).
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0274358 A1) in view of Ceppi et al. (US 2019/0150505 A1) as applied to claim 19 above, and further in view of Cocker et al. (US 2021/0402113 A1).
Regarding claim 22, Reevell in view of Ceppi discloses the aerosol delivery device of claim 19 above.
Ceppi further discloses that to move the contacts the actuator assembly comprises
a slider body (“proximal arm portion 241” of “retainer 240”, Fig. 4, ¶ 0096) slidably disposed within the main body of the holder (corresponding to the main body of the holder in the device of the combination) and defining a receptacle (portion surrounding the removable cartridge) configured to at least partially receive the removable cartridge (Figs. 2-4), the slider body configured to slide along a length of the housing in a first direction and a second direction (Figs. 2-4).
Reevell further discloses that the actuator assembly comprises
an actuator (“lever 44”, Fig. 18, ¶ 0080) coupled to the ignitor (corresponding to the actuatable ignitor contacts in the device of the combination, which are coupled to the slider body in the device of the combination) and configured to move the actuator assembly between a loading position (“for preparing the device for a reloading, the lever 44 of the heater 4 may be pushed upwards in the opening 61”, ¶ 0083), a lighting position (position with “aerosol-forming substrate 3” in “heating chamber 40” of “heater 4”, Fig. 18, ¶ 0082), and an ejecting position (“By activating the lever 44 the heating chamber piston 42 may be moved into the heating chamber (moving direction indicated by an arrow in FIG. 5) thereby moving the base 41 of the heater versus the top of the heater. Thereby, aerosol-forming substrate may be ejected from the heating chamber 40”, ¶ 0080);
wherein the actuator assembly is configured to engage the ignitor (corresponding to the actuatable ignitor contacts in the device of the combination) so as to move the ignitor contacts from the first position to the second position (¶ 0080).
However, Reevell does not explicitly disclose a spring assembly configured to engage the slider body and bias the actuator assembly into the loading position.
Cocker, in the same field of endeavor, discloses that a slider body (“sliding tab 140”, Fig. 7, ¶ 0057) may include a spring (“the sliding mechanism may further comprise a spring”, ¶ 0058) such that the spring acts as a spring assembly configured to engage the slider body and bias a component into a position (“the spring exerts a force that compels [component] to deploy out of housing 106”, ¶ 0058). One of ordinary skill in the art would have understood that there was a benefit to using springs as taught by Cocker in that it exerts a force that allows a user to easily move a component into a desired position (¶ 0058). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a spring assembly, as taught by Cocker, configured to engage the slider body of the device of the combination and bias the actuator assembly into the loading position, in order to obtain this benefit.
Regarding claim 24, Reevell in view of Ceppi discloses the aerosol delivery device of claim 19 above.
Ceppi further discloses that to move the contacts the actuator assembly comprises
a slider body (“proximal arm portion 241” of “retainer 240”, Fig. 4, ¶ 0096) slidably disposed with the main body of the holder (corresponding to the main body of the holder in the device of the combination).
Reevell further discloses that the actuator assembly comprises
an actuator (“lever 44”, Fig. 18, ¶ 0080) coupled to the ignitor (corresponding to the actuatable ignitor contacts in the device of the combination, which are coupled to the slider body in the device of the combination) and configured to move the ignitor (and therefore, the slider body in the device of the combination) along a length of the main body in a first direction and a second direction (“direction indicated by an arrow in Fig. 5” and “opposite direction”, ¶ 0080).
Ceppi further discloses
a first contact arm (“bend portion 245” of “retainer 240” for one of the contacts of the pair of contacts, Fig. 4, ¶ 0096) pivotably coupled to the main body and configured to receive one of the pair of actuatable contacts (Figs. 2-4), the first contact arm actuated via contact with the slider body when the slider body is moved in the first direction (Figs. 2-4, ¶ 0096);
a second contact arm (“bend portion 245” of “retainer 240” for the other one of the contacts of the pair of contacts, Fig. 4, ¶ 0096) pivotably coupled to the main body and configured to receive the other one of the pair of actuatable ignitor contacts (Figs. 2-4), the second contact arm actuated via contact with the slider body when the slider body is moved in the first direction (Figs. 2-4, ¶ 0096);
wherein actuation of the first and second contact arms moves the ignitor contacts from the first position to the second position (Figs. 2-4).
However, Reevell does not explicitly disclose a biasing mechanism configured to engage the slider body and bias the actuator assembly in the second direction.
Cocker, in the same field of endeavor, discloses that a slider body (“sliding tab 140”, Fig. 7, ¶ 0057) may include a biasing mechanism (“the sliding mechanism may further comprise a spring”, ¶ 0058) such that that the biasing mechanism engages the slider body and biases a component in a direction (“the spring exerts a force that compels [component] to deploy out of housing 106”, ¶ 0058). One of ordinary skill in the art would have understood that there was a benefit to using a biasing mechanism as taught by Cocker in that it exerts a force that allows a user to easily move a component in a desired direction. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a biasing mechanism, as taught by Cocker, configured to engage the slider body of the device of the combination and bias the slider body in the second direction, in order to obtain this benefit.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0274358 A1) in view of Ceppi et al. (US 2019/0150505 A1) and Cocker et al. (US 2021/0402113 A1) as applied to claim 22 above, and further in view of Angelico et al. (US 2020/0138111 A1).
Regarding claim 23, Reevell in view of Ceppi and Cocker discloses the aerosol delivery device of claim 22 above.
Reevell further discloses where the actuator assembly further comprises a button (“activation knob 65”, Fig. 18, ¶ 0088) coupled to the ignitor (corresponding to the actuatable ignitor contacts in the device of the combination, which are coupled to the slider body in the device of the combination) and configured to be engageable with an electrical contact when in the lighting position so as to deliver electrical current to the ignitor (corresponding to the ignitor contacts in the device of the combination) when pressed (¶ 0088).
However, Reevell does not explicitly state that the button is a spring-loaded push button.
Angelico, in the same field of endeavor, discloses forming buttons to be spring-loaded push buttons (¶ 0026). One of ordinary skill in the art would have understood that there was a benefit to forming a button to be a spring-loaded push button in that it allows the button to be easily reset to an initial position. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to make the button of Reevell a spring-loaded push button, as taught by Angelico, in order to obtain this benefit.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0274358 A1) in view of Ceppi et al. (US 2019/0150505 A1) as applied to claim 17 above, and further in view of Cocker et al. (US 2021/0402113 A1).
Regarding claim 25, Reevell in view of Ceppi discloses the aerosol delivery device of claim 17 above. Reevell further discloses
an actuator assembly (combination of “lever 44”, Fig. 18, ¶ 0080, and “activation knob 65”, Fig. 18, ¶ 0088) coupled to the holder (Fig. 18) and configured to move the cartridge between a loading position (“for preparing the device for a reloading, the lever 44 of the heater 4 may be pushed upwards in the opening 61”, ¶ 0083), a lighting position (position with “aerosol-forming substrate 3” in “heating chamber 40” of “heater 4”, Fig. 18, ¶ 0082), and an ejecting position (“By activating the lever 44 the heating chamber piston 42 may be moved into the heating chamber (moving direction indicated by an arrow in FIG. 5) thereby moving the base 41 of the heater versus the top of the heater. Thereby, aerosol-forming substrate may be ejected from the heating chamber 40”, ¶ 0080).
Ceppi further discloses that to move the contacts the actuator assembly comprises
a slider body (“proximal arm portion 241” of “retainer 240”, Fig. 4, ¶ 0096) slidably disposed within the main body of the holder (corresponding to the main body of the holder in the device of the combination) and defining a receptacle (portion surrounding the removable cartridge) configured to at least partially receive the removable cartridge (Figs. 2-4), the slider body configured to slide along a length of the housing in a first direction and a second direction (Figs. 2-4).
Reevell further discloses that the actuator assembly comprises
an actuator (“lever 44”, Fig. 18, ¶ 0080) coupled to the ignitor (corresponding to the actuatable ignitor contacts in the device of the combination, which are coupled to the slider body in the device of the combination) and configured to move the actuator assembly between the loading position, the lighting position, and the ejecting position (¶ 0080, 0082-0083).
However, Reevell does not explicitly disclose a spring assembly configured to engage the slider body and bias the actuator assembly into the lighting position.
Cocker, in the same field of endeavor, discloses that a slider body (“sliding tab 140”, Fig. 7, ¶ 0057) may include a spring (“the sliding mechanism may further comprise a spring”, ¶ 0058) such that that spring acts as a spring assembly configured to engage the slider body and bias a component into a position (“the spring exerts a force that compels [component] to retract into housing 106”, ¶ 0058). One of ordinary skill in the art would have understood that there was a benefit to using springs as taught by Cocker in that it provides an extra securing force to keep a component within a device (¶ 0058). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a spring assembly, as taught by Cocker, configured to engage the slider body of the device of the combination and bias the actuator assembly into the lighting position, in order to obtain this benefit.
Conclusion
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/C.G.C./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747