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
This office action is in response to Applicant’s amendment filed on 13 May 2026:
Claims 1, 3-9, 11-14, 16, 19-20, 35 and 38-39 are pending
Claim 35 is amended
Claims 2, 10, 15, 17-18, 21-34 and 36 are cancelled
Response to Amendment
Applicant's amendments to the claims filed 13 May 2026 have been acknowledged. The rejection to Claim 35 under 35 U.S.C. §112(b) is withdrawn due to amendments of the claim.
Response to Arguments
Applicant's arguments filed 13 May 2026 have been fully considered but they are not persuasive.
On Pages 7-8 of Applicant’s Remarks, Applicant argues that regarding Claims 1, 14, 35 and 37, Nakano does not explicitly state that the device is configured to have two different heating mechanisms simultaneously and therefore there is no motivation to implement such a configuration. Though Nakano teaches a first and second atomizer, Applicant emphasizes that Nakano discloses a wick or vibration-based atomizing mechanism which, in their opinion, indicates that they must be the same and can only be considered alternatives if both are the same mechanism. As such, no motivation is apparent to modify the Nakano’s device to have two different heating mechanisms at once.
Examiner respectfully disagrees, noting that the combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143.A). Similarly, simple substitution of one known element for another is likely to be obvious when predictable results are achieved (see MPEP § 2143.B).
In this regard, Nakano notes that their device is capable of being configured to use a wick or vibrating atomizing mechanism to aerosolize the aerosol source(s) within the device. To one ordinarily skilled in the art, it is apparent that Nakano’s device is capable of incorporating either mechanisms in said device. Though the Applicant argues that the example given does not explicitly disclose using both type simultaneously, there is also no explicit disclosure from Nakano that this combination is not possible.
In particular, Examiner notes that Nakano’s atomizing units are individual atomizing unites (104A and 104B), wherein each have their own separate heating components (i.e., a first and second wick or a first and second vibrating component) [0060]. Considering that Nakano discloses that both the wick and the vibration mechanisms are known and configurable in their device, where the atomizing units are explicitly shown as distinct and separate components, one ordinarily skilled in the art would find it obvious to substitute one wick design with a vibration mechanism design in either distinct atomizing units, to predictably result in a device configured with two usable atomizing units that will vaporize different aerosol sources to generate aerosol unless specific evidence of the contrary can be provided.
On Pages 8-9 of Applicant’s Remarks, Applicant argues that no motivation was provided for relocating Nakano’s mixing chamber into the mouthpiece as disclosed by Rojo-Calderon and that even if the modification has motivation, there would be complications with said modification.
Examiner respectfully disagrees because as stated in the most recent mailed Office Action, Nakano’s mixing chamber and mouthpiece design and Rojo-Calderon’s design both utilize an equivalent mixing chamber and mouthpiece component to successfully direct and mix aerosol to be inhaled by a user; therefore, it would be considered an obvious design choice for one ordinarily skilled in the art as it would produce a predictable result (i.e., mixing aerosol before delivering to a user (see MPEP § 2144.04.VI.C).
Regarding this, Applicant argues that the reason for Nakano to have the separate mixing chamber and mouthpiece is likely due to mix ratios; if one were to move the mixing chamber into the mouthpiece, there would be undue experimentation due to the need to account for various factors such as friction force, air flow, velocity, draw resistance and pressure changes.
However, Examiner notes that Applicant is merely making assumptions (i.e., “likely due”) and does not provide any specific proof or evidence that such a rearrangement design in Nakano’s device would not produce predictable results without undue experimentation. To the contrary, Rojo-Calderon presents a similar device wherein a mixing chamber is successfully placed within a mouthpiece space to mix aerosol before delivering it to a user.
As such, it would be reasonable to conclude that experimenting with various factors such as friction force, air flow, velocity, draw resistance and pressure changes is well within the ambit of one ordinarily skilled in the art to modify Nakano’s device and predictably yield a mouthpiece comprising a mixing chamber that can mix aerosol, wherein Rojo-Calderon’s device is a clear example of such a success in design. Furthermore, such factors would generally be considered during the design of an aerosol-generating device by one ordinarily skilled in the art regardless if the mixing chamber is specifically located in the mouthpiece, to achieve the correct mixing ratio for the device to be operable.
The following rejections below are maintained.
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.
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.
Claims 1, 3-9, 11-13, 16, 19-20, 35 and 38-39 are rejected under 35 U.S.C. 103 as being unpatentable over Nakano (Publication No. US20190217028A1) in view of Hejazi (Publication No. US20210112881A1) and Rojo-Calderon et al (Publication No. US20180279681A1).
Regarding Claim 1, Nakano discloses a vaporizer device (Flavor inhaler 100) comprising:
a first reservoir (102A) containing or configured to contain a first vaporizable material (i.e., aerosol source) that includes at least one first aerosol component (Fig. 1; [0058-0060]; aerosol source is a liquid such as propylene glycol that can be vaporized to form an aerosol; liquid is considered equivalent to an aerosol component);
a first aerosol generation mechanism (First atomizing unit 104A) configured to create a first part of an aerosol that includes the at least one first aerosol component (Fig. 1; [0058-0060]; atomizing unit atomizes the aerosol source to generate aerosol);
a second reservoir (102B) containing or configured to contain a second vaporizable material (Fig. 1; [0058-0060]; aerosol source is a liquid such as propylene glycol that can be vaporized to form an aerosol; liquid is considered equivalent to an aerosol component);
and a second aerosol generation mechanism (Second atomizing unit 104B) configured to vaporize the second aerosol component of the second vaporizable material (i.e., aerosol source) to generate a second part of the aerosol (Fig. 1; [0058-0060]; atomizing unit atomizes the aerosol source to generate aerosol);
a mouthpiece (Mouthpiece member 108) (Fig. 8; [0058]);
wherein the first part of the aerosol enters the mouthpiece (108) through a first inlet (First aerosol flow path 110A) of a mixing chamber (118) (see Fig. 1; [0062-0063]);
and the second part of the aerosol enters the mouthpiece (108) through a second inlet (First aerosol flow path 110B) of a mixing chamber (118) (see Fig. 1; [0062-0063]);
such that the first part of the aerosol and the second part of the aerosol enter the mixing chamber without any mixing (see Fig. 1; [0062-0063] the first and second flow paths are shown as distinct and separate paths which implies that there is no mixing of the two aerosols prior to entering the mixing chamber;
and wherein the first part of the aerosol and the second part of the aerosol mix in a mixing chamber [0062-0063].
Nakano further discloses the mouthpiece (108) is downstream of the mixing chamber (118), and that instead of a heater, the atomizing unit(s) can be an ultrasonic-type atomizer that atomizes the aerosol source by ultrasonic vibration ([0060]; implies that the first aerosol generation mechanism/atomizing unit can be generated by vibrational forces).
Nakano does not explicitly disclose the following:
the first part of the aerosol being formed by the first aerosol generation mechanism (i.e., first atomizing unit is an ultrasonic-type) while the first vaporizable material is maintained at a first temperature below a first vaporization temperature of the at least one first aerosol component;
the first and second part of the aerosol enters the mouthpiece through a first and second inlet respectively, such that there is no mixing;
and the mixing chamber is within the mouthpiece.
Regarding (I), Hejazi, directed to an aerosol device, discloses a first and second reservoir (110A/110B) containing different liquids (112A/112B) which get aerosolized by a first and second atomization assembly (115A/115B) (Fig. 1; [0069]). The atomization assemblies are a vibrating assembly that vaporizes the liquid and forms aerosol particles utilizing ambient air (i.e., first temperature) drawn by the user without combusting or significant chemical alteration of said liquid ([0039, 0061, 0064, 0069]; as the aerosol is formed at ambient conditions without combusting, it implies the ambient/first temperature is below the vaporization/combustion temperature of the aerosol component/liquid).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to substitute the first atomizing unit disclosed by Nakano, with the vibration assembly (i.e., aerosol generating mechanism) disclosed by Hejazi, as both are directed to an aerosol/vaporizer device, where this is a substitution of a known aerosol generating mechanism using a heating element/heater as disclosed by Nakano, with another known aerosol generating mechanism using a vibrational ultrasonic assembly as disclosed by Hejazi, to a similar aerosol device to yield a predictable result that the modified aerosol device will be able to aerosolize an aerosol component using vibration energy instead of heat, wherein the vaporizable material is maintained at a temperature below the vaporization temperature of the aerosol component/liquid.
Regarding (II-III), Rojo-Calderon, directed to an aerosol-generating device, discloses a mouthpiece (71) comprising a mixing chamber (704) to homogenize and blend an aerosol flow before it leaves the mouthpiece, wherein said mixing chamber is shown to be located within the mouthpiece (see Figs. 15-16; [0114, 0173]).
Therefore, one ordinarily skilled in the art can reasonably take Rojo-Calderon’s disclosure to arrange the Nakano’s mixing chamber inside of the mouthpiece to predictably result in vapors generated from a first and second aerosol source to enter the mouthpiece (and mixing chamber) without mixing, and then mixes in the mixing chamber within the mouthpiece to produce one single airstream that enters the user’s mouth.
It should be noted that while Rojo-Calderon does not disclose a first and second aerosol part entering said mouthpiece/mixing chamber through a first and second inlet respectively such that there is no mixing prior to entering the mouthpiece, Nakano’s channels/outlets are already constructed to achieve this with the mixing chamber. As such, Rojo-Calderon’s disclosure is merely to shift the mixing chamber into the mouthpiece; when Nakano is modified by Rojo-Calderon in this manner, it is apparent that since the aerosols do not mix when entering Nakano’s mixing chamber, the same principle applies to the mouthpiece once the mixing chamber has been moved into the mouthpiece.
Regarding Claim 3, Nakano further discloses the vaporizer device (100) comprises a vaporizer device body (i.e., device main body) that is configured to be re-usable and to be joinable with at least one separable cartridge (Fig. 1; [0058]; discloses that the reservoirs and atomizing units can be gathered together to form a detachable/joinable cartridge; the detachability of the cartridge implies that it is re-usable).
Regarding Claim 4, Nakano further discloses the at least one separable cartridge comprises the first reservoir (102A) and second reservoir (102B) (Fig. 1; [0058]).
and at least a portion of each of the first aerosol generation mechanism (104A) and the second aerosol generation mechanism (104B) (Fig. 1; [0058]).
Regarding Claim 5, Modified Nakano further discloses the at least one separable cartridge comprises one or more of the first reservoir (102A), the second reservoir (102B) and the mouthpiece (108) (Fig. 1; [0058]; discloses that elements such as the reservoir and mouthpiece can be gathered together to form a cartridge);
and electrical connections for receiving power from a battery (114) in the vaporizer device (100) body (i.e., main body) when the vaporizer device body and cartridge are coupled ([0058, 0060]; discloses the atomizing units comprise heaters which are electrically connected to a battery; this implies that there are electrical connections between the atomizer/heaters and the battery).
Regarding Claim 6, Nakano further discloses a pressure sensor (Puff/pressure sensor 122) configured to detect a pressure change corresponding to an airflow through an air inlet (Air intake channel 116) (Fig. 1; [0060]);
and a controller (Control unit 130) configured to respond to the pressure change by at least activating the first aerosol generation mechanism (104A) and the second aerosol generation mechanism (104B) (Figs. 1, 3A-B; [0065, 0089, 0096-0097]; the controller operates the device to supply voltage/power from the battery to the heaters of the atomizing units once a puff is detected via the sensor).
Regarding Claim 7, Modified Nakano does not explicitly disclose that the controller is configured to control the first vaporization rate of the first aerosol component by at least adjusting an amplitude, a frequency, and/or a duty cycle of the vibration associated with the first aerosol generation mechanism.
However, Hejazi, directed to an aerosol device, discloses an atomization assembly (115A/115B) which is electrically connected to a power/battery source (108) via a control component (106) to induce vibrations in the vibration component of said atomization assembly (Fig. 1; [0056]). The vibrating component is a piezoelectric ring that is configured to respond to an electrical stimulus (i.e., power provided via controller) to deliver a continuous change in oscillating motion with a frequency range of 50 to 150 KHz ([0075]; implies that the controller is configured to adjust the frequency within the disclosed frequency range based on the power delivered from the controller to the piezoelectric ring).
Therefore, it would have been obvious to one ordinarily skilled in the art to modify the controller for the first aerosol generation mechanism disclosed in Modified Nakano, to adjust the frequency of the vibration aerosol generating assembly as disclosed by Hejazi, as both are directed to an aerosol device, and one ordinarily skilled in the art can apply the known aerosol generating controller configuration in Hejazi to another known aerosol generating controller configuration in a similar device disclosed in Modified Nakano with a reasonable expectation that the modified controller will successfully control the first aerosol generation vibration assembly/mechanism via frequency adjustments induced by power delivered via controller to piezoelectric ring/actuator.
Regarding Claim 8, Nakano further discloses the controller (130) is configured to control a second vaporization rate of the second aerosol component by adjusting a power level and/or a target temperature associated with the second aerosol generation mechanism ([0083-0085]; the power sent to the heater of the second atomizing unit can be adjusted/changed depending on the desired quantity of aerosol delivered over time, impacting the rate which it is vaporized).
Regarding Claim 9, Modified Nakano further discloses the first temperature is an ambient temperature (Hejazi, [0039, 0061, 0064, 0069]; the liquid vaporized by the vibration assembly is aerosolized with ambient air inhaled by the user, implying that the temperature of the aerosol is at the same ambient conditions as the inhaled air that formed said aerosol).
Regarding Claim 11, Nakano further discloses the second aerosol generation mechanism (104B) includes a heating element (i.e., heater) (Fig. 1; [0060]);
and wherein the heating element is configured to generate heat for heating the second aerosol component (i.e., aerosol source) to a second temperature in order to vaporize the second aerosol component ([0060, 0083]; controller controls the atomizing unit/heater to generate heat based on delivered power to generate a desired quantity of aerosol; achieving a second temperature via heat generation is implicit).
Regarding Claim 12, Hejazi further discloses the first aerosol generation mechanism includes a piezoelectric actuator (Piezoelectric ring 217A/B) configured to generate an ultrasonic vibration (Hejazi, Fig. 1; [0068, 0072]; the vibrating assembly is disclosed to also operate as an ultrasonic assembly);
and wherein the ultrasonic vibration vibrates a mesh screen (Mesh plate 219A/B) to vaporize the first aerosol component (Hejazi, Fig. 1; [0068-0069, 0072])
Hejazi does not explicitly disclose that the first aerosol/vibrating assembly vaporizes the first aerosol component without generating heat to change the first temperature of the first aerosol component.
However, it should be noted that the vibration assembly (i.e., aerosol generating mechanism) disclosed by Hejazi generates aerosols via vibrational means (Hejazi, [0068]) and not heating like the second aerosol generating mechanism in Modified Nakano (Nakano, [0079]; induction heating with a heating element).
Therefore, one ordinarily skilled in the art would recognize that the first aerosol generating mechanism will vaporize the first aerosol component without generating heat to change the first temperature, as it utilizes the vibrational assembly comprising a mesh and piezoelectric material/actuator to vaporize the first aerosol component wit ultrasonic energy instead of heat, absent evidence to the contrary.
Regarding Claim 13, Modified Nakano further discloses the piezoelectric actuator is included in a first vaporizer cartridge (Nakano, [0058]; Hejazi, [0068-0069]; implied as the heating element/mechanism is disclosed to be part of a cartridge as disclosed by Nakano, which has been modified to substitute the heater with the vibration assembly comprising the piezoelectric actuator disclosed by Hejazi; see Claim 1 rejection).
Regarding Claim 16, Nakano further discloses the mouthpiece (108) is configured to deliver, to a user, the first part of the aerosol (i.e., aerosol generated from the first reservoir) and the second part of the-aerosol (i.e., aerosol from the second reservoir) (Fig. 1; [0058, 0062]; aerosol generated from the first and second reservoir flows into the mouthpiece via the aerosol flow paths 110A/B);
the mouthpiece (108) including an aerosol outlet through which the first part of the aerosol and the second part of the aerosol exit the mouthpiece (see Figure 1; [0064]; the portion of the mouthpiece that is shown sticking out of the device is considered equivalent to an aerosol outlet; it is implied that that would be an outlet since the mouthpiece is disclosed to allow the aerosol to be released to the outside).
Regarding Claim 19, Nakano does not explicitly disclose the mixing chamber (118) having one or more features configured to combine the first part of the aerosol with the second part of the aerosol.
However, Rojo-Calderon, directed to an aerosol-generating device, discloses a mouthpiece (71) with a mixing chamber (704) to homogenize and blend an aerosol flow before it leaves the mouthpiece, which is accomplished by using an airflow alteration element (705) (Fig. 16; [0114-0115, 0172]; homogenizing the aerosol flow implies that the airflow alteration feature will combine a first and second aerosol if multiple aerosols flowed in the mixing chamber).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the mixing chamber (i.e., passageway) in Nakano, to include an airflow alteration element/feature in the mixing chamber as disclosed by Rojo-Calderon, as both are directed to a vaporizing/aerosolizing device, where Rojo-Calderon teaches the advantage of incorporating said mixing/airflow alteration feature to create a blending effect that homogenizes the aerosol before it leaves the mouthpiece.
Regarding Claim 20, Rojo-Calderon further discloses the one or more features include a non-linear flow path (0114-0115; airflow through mixing chamber is turbulent which is non-linear);
and/or an obstacle (Airflow alteration element 705) (Fig. 16; [0114-0115, 0172]; Alteration element changes the airflow, which is equivalent to being an obstacle to the existing airflow before it is changed/altered).
Regarding Claim 35, Nakano discloses a vaporizer device (Flavor inhaler 100) comprising:
a first reservoir (102A) containing or configured to contain a first vaporizable material (i.e., aerosol source) that includes at least one first aerosol component (Fig. 1; [0058-0060]; aerosol source is a liquid such as propylene glycol that can be vaporized to form an aerosol; liquid is considered equivalent to an aerosol component);
a first aerosol generation mechanism (First atomizing unit 104A) configured to create a first part of an aerosol that includes the at least one first aerosol component (Fig. 1; [0058-0060]; atomizing unit atomizes the aerosol source to generate aerosol);
a second reservoir (102B) containing or configured to contain a second vaporizable material (Fig. 1; [0058-0060]; aerosol source is a liquid such as propylene glycol that can be vaporized to form an aerosol; liquid is considered equivalent to an aerosol component);
and a second aerosol generation mechanism (Second atomizing unit 104B) configured to vaporize the second aerosol component of the second vaporizable material (i.e., aerosol source) to generate a second part of the aerosol (Fig. 1; [0058-0060]; atomizing unit atomizes the aerosol source to generate aerosol).
a mouthpiece (Mouthpiece member 108) (Fig. 8; [0058]);
wherein the first part of the aerosol enters the mouthpiece (108) through a first inlet (First aerosol flow path 110A) of a mixing chamber (118) (see Fig. 1; [0062-0063]);
and the second part of the aerosol enters the mouthpiece (108) through a second inlet (First aerosol flow path 110B) of a mixing chamber (118) (see Fig. 1; [0062-0063]);
such that the first part of the aerosol and the second part of the aerosol enter the mixing chamber without any mixing (see Fig. 1; [0062-0063] the first and second flow paths are shown as distinct and separate paths which implies that there is no mixing of the two aerosols prior to entering the mixing chamber;
and wherein the first part of the aerosol and the second part of the aerosol mix in a mixing chamber [0062-0063].
Nakano further discloses the mouthpiece (108) is downstream of the mixing chamber (118), and that instead of a heater, the atomizing unit(s) can be an ultrasonic-type atomizer that atomizes the aerosol source by ultrasonic vibration ([0060]; implies that the first aerosol generation mechanism/atomizing unit can be generated by vibrational forces).
Nakano does not explicitly disclose the following:
the first part of the aerosol being formed by a vibration generated by the first aerosol generation mechanism, the vibration forming the first aerosol component without causing delivery of heat to the first vaporizable material;
the first and second part of the aerosol enters the mouthpiece through a first and second inlet respectively, such that there is no mixing;
and the mixing chamber is within the mouthpiece.
Regarding (I), However, Hejazi, directed to an aerosol device, discloses a first and second reservoir (110A/110B) containing different liquids (112A/112B) which get aerosolized by a first and second atomization assembly (115A/115B) (Fig. 1; [0069]). The atomization assemblies are a vibrating assembly that vaporizes the liquid and forms aerosol particles utilizing ambient air (i.e., first temperature) drawn by the user without combusting or significant chemical alteration of said liquid ([0039, 0061, 0064, 0069]; as the aerosol is formed at ambient conditions without combusting, it implies that there was no heat generated that would elevate ambient conditions).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to substitute the first aerosol generating mechanism disclosed by Nakano, with the vibration assembly (i.e., aerosol generating mechanism) disclosed by Hejazi, as both are directed to an aerosol/vaporizer device, where this is a substitution of a known aerosol generating mechanism using a heating element as disclosed by Nakano, with another known aerosol generating mechanism using a vibrational ultrasonic assembly as disclosed by Hejazi, to a similar aerosol device to yield a predictable result that the modified aerosol device will be able to aerosolize an aerosol component using vibration energy instead of heat, wherein the vaporizable material is maintained at a temperature below the vaporization temperature of the aerosol component/liquid.
Regarding (II-III), Rojo-Calderon, directed to an aerosol-generating device, discloses a mouthpiece (71) comprising a mixing chamber (704) to homogenize and blend an aerosol flow before it leaves the mouthpiece, wherein said mixing chamber is shown to be located within the mouthpiece (see Figs. 15-16; [0114, 0173]).
Therefore, one ordinarily skilled in the art can reasonably take Rojo-Calderon’s disclosure and make the design choice to arrange the Nakano’s mixing chamber inside of the mouthpiece to predictably result in vapors generated from a first and second aerosol source to enter the mouthpiece (and mixing chamber) without mixing, and then mixes in the mixing chamber within the mouthpiece to produce one single airstream that enters the user’s mouth.
It should be noted that while Rojo-Calderon does not disclose a first and second aerosol part entering said mouthpiece/mixing chamber through a first and second inlet respectively such that there is no mixing prior to entering the mouthpiece, Nakano’s channels/outlets are already constructed to achieve this with the mixing chamber. As such, Rojo-Calderon’s disclosure is merely to shift the mixing chamber into the mouthpiece; when Nakano is modified by Rojo-Calderon in this manner, it is apparent that since the aerosols do not mix when entering Nakano’s mixing chamber, the same principle applies to the mouthpiece once the mixing chamber has been moved into the mouthpiece.
Regarding Claims 38 and 39, Modified Nakano does not disclose the mouthpiece further comprises an air inlet allowing ambient air to enter mouthpiece; wherein the ambient air enters the mixing chamber within the mouthpiece.
However, Rojo-Calderon, directed to an aerosol-generating device, discloses a mouthpiece (71) provided with air-inlet channels (702) at the distal end of the mouthpiece so that air from the environment (i.e., ambient air) through an aerosol-generating article into the mouthpiece (Fig. 15; [0174]). The environment/ambient air that flows through the article and mouthpiece ultimately passes through (i.e., enters) the mixing chamber (704) and alteration elements (705) to thoroughly mix the aerosol in the airflow before exiting the mouthpiece (Fig. 15; [0174]).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the mouthpiece in Modified Nakano, to include an air inlet so that ambient air can enter the mouthpiece and mixing chamber as disclosed by Rojo-Calderon, as both are directed to a vaporizing/aerosolizing device, where one ordinarily skilled in the art would be capable of applying a known air inlet feature for a mouthpiece disclosed by Rojo-Calderon, to another similar mouthpiece disclosed by Nakano and predictably result in a mouthpiece that allows ambient air to enter the mouthpiece and its mixing chamber via the air inlets.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Nakano (Publication No. US20190217028A1), in view of Hejazi (Publication No. US20210112881A1) and Rojo-Calderon et al (Publication No. US20180279681A1) as applied to Claim 1 above, and further in view of Kim et al (Publication No. US20090301472A1).
Regarding Claim 14, Modified Nakano does not disclose the following regarding the first aerosol generation mechanism:
a mechanical horn configured generate an ultrasonic vibration that vibrates a mesh screen to vaporize the first aerosol component
said horn vaporizes the first aerosol component without generating heat to change the first temperature of the first aerosol component.
Regarding (I), Kim, directed to an aerosol delivery system, discloses an aerosolizing element comprising a bias able plate (1008) and/or mesh element (1018) for producing an aerosol from an [aerosol] agent (Fig. 25A; [0123]). The aerosol/mesh element produces an aerosol through a force/energy applied to said element such as an acoustic/ultrasonic horn (1202) (i.e., mechanical horn) for biasing (i.e., creating force) the mesh element (Fig. 27; [0144]; mesh 1019 is considered equivalent to mesh element 1018).
Therefore, it would have been obvious to one ordinarily skilled in the art to modify the ultrasonic mesh assembly in Modified Nakano to include an acoustic horn as disclosed by Duchon, as both are directed to an aerosol delivery device/system, where one ordinarily skilled in the art would apply the known teaching of using an ultrasonic/mechanical horn to vibrate a mesh to produce aerosols as disclosed by Kim, to another known ultrasonic mesh assembly in a similar aerosol device in Modified Nakano, with a reasonable expectation that the resulting ultrasonic assembly/aerosol generation mechanism will successfully produce vibrations in the mesh via acoustic/ultrasonic horn to produce an aerosol.
Regarding (II), it noted that the vibration assembly (i.e., aerosol generating mechanism) of Modified Nakano generates aerosols via vibrational means (Hejazi, [0068]) and not heating like the second aerosol generating mechanism (Nakano, [0060]; aerosol heated via heater).
Therefore, one ordinarily skilled in the art would recognize that the second temperature would be higher than the first temperature as the first aerosol generating mechanism does not involve any form of heating and can be operated at ambient conditions whereas the second aerosol generating mechanism requires heating to an optimal temperature for forming an aerosol and therefore would have a higher temperature in comparison to the first temperature.
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Nakano (Publication No. US20190217028A1) in view of Hejazi (Publication No. US20210112881A1) and Rojo-Calderon et al (Publication No. US20180279681A1) as applied to Claim 1, and in further view of Bruton (Publication No. US20210022400A1).
Regarding Claim 37, Modified Nakano discloses that the second aerosol generating mechanism (104B) comprises a heater that is arranged in contact with a wick in fluid communication with the second vaporizable material (i.e., aerosol source) in the second reservoir (102B) [0060].
Modified Nakano does not explicitly disclose the second aerosol generating mechanism (104B) is disposed at least partially around the wick in fluid communication with the second vaporizable material in the second reservoir.
However, Bruton, directed to an aerosol provision device with a first and second aerosol generation mechanism (Heating elements 43a/b) for generating a first and second aerosol, discloses the second aerosol generation mechanism (43b) is disposed at least partially around a wick (42b) in fluid communication with the second vaporizable material in the second reservoir (Fig. 2; [0041, 0057]; heating element wire is illustratively shown to be disposed around the wick element).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the second aerosol generating mechanism and its heater disclosed in Nakano, to have a heating element/wick configuration such that mechanism/heater is a wire that is disposed around a wick element as disclosed by Bruton, as both are directed to an aerosol generating device/vaporizer, where this involves applying a known heater/heating element and wick configuration disclosed by Bruton, to a similar heater and wick component disclosed by Nakano, to predictably result in a heater/heating element disposed around a wick that is capable of heating and generating an aerosol from an aerosol in a reservoir which is guided to the heater/heating element of an aerosol generating mechanism via wick components.
Conclusion
THIS ACTION IS MADE FINAL. 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 Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/V.P./Examiner, Art Unit 1755
/RUSSELL E SPARKS/Primary Examiner, Art Unit 1755
Prosecution Insights