DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05 January 2026 has been entered.
Status of the Claims
This office action is in response to Applicant’s amendment filed on 05 January 2026:
Claims 1-10, 13-14, 16 and 19-20 are pending
Claims 1-9 are withdrawn
Claims 11, 12, 15, 17-18 and 21-23 are cancelled
Claims 10 and 16 are amended
Response to Amendment
Applicant's amendments to the claims filed 05 January 2026 have been acknowledged.
The objection to Claims 10, 13-14, 16 and 19-20 is withdrawn due to amendments of the claims.
The rejection to Claim 16 under 35 U.S.C. 112(b) is withdrawn due to amendments of the claim.
Response to Arguments
Applicant’s arguments filed 05 January 2026, with respect to the objection to Claims 10, 13-14, 16 and 19-20 have been fully considered and are persuasive.
On Page 6 of Applicant’s Remarks, Applicant argues that Claims 10 and 16 are not duplicative as Claims 10 and 13-14 are directed to a device whereas Claims 16 and 19-20 are directed to a system. The claims are further distinguished by the fact that Claim 10 recites the aerosol provision device comprises a guide element whereas Claim 16 differs in that the guide element is a further part of a component within the aerosol provision system.
Examiner agrees that while Claim 10 and 16 cites the same components within the device and/or system, Claim 16 distinguishes itself from Claim 10 by further requiring the guide element be a specific component that is part of the recited component element. Therefore, the objection to Claims 10, 13-14, 16 and 19-20 is withdrawn.
Applicant's arguments filed 05 January 2026 have been fully considered but they are not persuasive.
On Pages 5-7 of Applicant’s Remarks, Applicant argues that Karles sheathe design allows adjustable elution of the flavor material 28 into a space 40 to mix with the generated vapor 95 without the vapor actually flowing through the flavor material. The gaps (490a/b) merely allow control of the elution rate and does not represent selective interaction between the aerosol and different portions of a substance since the aerosol does not directly interact with the flavor material at all.
Examiner respectfully disagrees because upon further review, Karles is shown to disclose an embodiment wherein the flavor material is a part of the flow path in which there is selective flow of aerosol into the flavor material. Specifically, Figures 1A-B and 2A-B illustrates that the flow path of aerosol 95 enters a space 40 which is in communication and flows into the flavor material 28 and out at the outlet port 21 (see Fig. 1B). Furthermore, Karles discloses that the sheathes encloses portions of the flavor material to create an unenclosed portion (232a/b) which indicates that there are distinct sections/portions of the flavor material to support selective interaction.
Karles also specifically notes that the generated vapor 95 can be configured to pass in flow communication with the flavor material 28 to create a flavored vapor 97, wherein the flavor material itself is a porous material that allows such flow pass through [0091-0092]. Furthermore, the degree of pass through and elution is controlled by the sheathes 222a/b of the exposure mechanism 26 which adjustably exposes portions of the flavor material using one or more moveable parts [0089-0090, 00153]. This clearly indicates that Karle’s elements in certain embodiments is capable of selectively controlling the interaction of an aerosol through different sections/portions of the porous material containing flavor material.
On Page 7 of Applicant’s Remarks, Applicant argues that Karles does not disclose a region for storing a component, wherein the component comprises a guide element as recited in amended Claim 16. Applicant argues that unlike Claim 10 wherein the device comprises the guide element, Claim 16 does not recite the system comprising the guide element and instead that the component comprises the guide element.
Examiner has further reviewed and determined that Karles does disclose a system comprising a component that further comprises a guide element.
Below is a new ground of rejection based on the amended claims and newly found prior art.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 10, 13, 14, 16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karles et al (Publication No. US20180007965A1).
Regarding Claim 10, Karles discloses an e-vaping (i.e., aerosol provision) device (Fig. 1A; e-vaping device 60) comprising:
a region (Space 40) configured for storage of a component (Flavor assembly 24) (see Figs. 1A-2B; [0088-0090]; flavor assembly is located in the pass through space defined by the outer housing 16);
the material component (24) comprising a substance region (Flavor material 28) through which, in use, an aerosol (generated vapor 95) formed from the aerosol forming medium (i.e., pre-vapor formulation) passes (Figs. 1A-B; [0076-0077, 0089-0091]; discloses a cartridge 70 comprising a pre-vapor/aerosol forming formulation that is vaporized to form vapor/aerosol and passes through the flavor material 28 to flavor said vapor; material 28 is disclosed to carry flavorants/substance in said material and therefore is considered equivalent to the substance region);
wherein the device (60) further comprises a guide element (Control mechanism 26) arranged to be controllably movable to enable selective interaction of the aerosol (95) with different sections (232a/b) of a substance (i.e., flavorant) locatable in the substance region (28) (see Figs. 1A-2B; [0090-0091, 0097, 0111-0112, 0153-0156]; the control mechanism 26 comprises moveable sheathes 222a/b that operate to obscure or expose portions of the flavor material 28; the ability to control exposure of specific portions of the flavor material for pass through with the vapor is considered equivalent to selective interaction).
Regarding Claim 13, Karles further discloses a controller (Control circuitry 11) arranged to receive a signal relating to movement of the guide element (26) ([0111-0115, 0150-0151]; controller can track cumulative vaping quantity and duration information/signal from the vaporizer 22 and relate to increasing exposure of the substance material 28; increased exposure is achieved by the circuit operating the movement of the control mechanism 26 and its sheathes);
and arranged to control movement of the guide element (26) ([0150-0153, 0201-0203]; controller operates the control mechanism to move the sheathes via a motor).
Regarding Claim 14, Karles further discloses the guide element (26) is arranged adjacent to the region (40) configured for storage of the component (24) (see Fig. 1A; [0079]; the space 40 is where the flavor assembly 24 is located but should also note that it does not encompass the entirety of the space; the figures show that the portion of unoccupied space region is adjacent to the guide element).
Regarding Claim 16, Karles discloses an aerosol provision system (i.e., e-vaping device 60) comprising:
a region (Space 40) configured for storage of a component (Flavor assembly 24) (see Figs. 1A-2B; [0088-0090]; flavor assembly is located in the pass-through space defined by the outer housing 16);
the component (24) (Figs. 1A-B; [0088-0089]);
wherein the component (24) comprises a substance region (Flavor material 28) through which, in use, an aerosol (generated vapor 95) formed from the aerosol forming medium (i.e., pre-vapor formulation) passes (Figs. 1A-B; [0076-0077, 0089-0091]; discloses a cartridge 70 comprising a pre-vapor/aerosol forming formulation that is vaporized to form vapor/aerosol and passes through the flavor material 28 to flavor said vapor; material 28 is disclosed to carry flavorants/substance in said material and therefore is considered equivalent to the substance region);
wherein the component (28) further comprises a guide element (Control Mechanism 26) arranged to be controllably movable to enable selective interaction of the aerosol (95) with different sections (232a/b) of a substance (i.e., flavorant) locatable in the substance region (28) (see Figs. 1A-2B; [0090-0091, 0097, 0111-0112, 0153-0156]; the control mechanism 26 comprises moveable sheathes 222a/b that operate to obscure or expose portions of the flavor material 28; the ability to control exposure of specific portions of the flavor material for pass through with the vapor is considered equivalent to selective interaction).
Regarding Claim 19, Karles further discloses a controller (Control circuitry 11) arranged to receive a signal relating to movement of the guide element (26) ([0111-0115, 0150-0151]; controller can track cumulative vaping quantity and duration information/signal from the vaporizer 22 and relate to increasing exposure of the substance material 28; increased exposure is achieved by the circuit operating the movement of the control mechanism 26 and its sheathe);
and arranged to control movement of the guide element (26) ([0150-0153, 0201-0203]; controller operates the control mechanism to move the sheathes via a motor).
Regarding Claim 20, Karles further discloses the guide element (26) is arranged adjacent to the region (40) configured for storage of the component (24) (see Fig. 1A; [0079]; the space 40 is where the flavor assembly 24 is located but should also note that it does not encompass the entirety of the space; the figures show that the portion of unoccupied space region is adjacent to the guide element).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Menting et al (Publication No. US20150223521A1) – Vapor device comprising a cartridge with a plurality of sectioned portions to store multiple flavor components. The device is configured to allow the user to select a flavor using a cap assembly with a moveable piece to allow adjustments with different flavor containers.
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).
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755