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 .
Response to Submission
The amendments and remarks filed on 2026 February 12 have been entered. Claims 47-57 are pending.
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.
Claims 47-51 and 53-55 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20160270445 A1 cited on an IDS) in view of Newton (US 20130228191 A1) and Mendenhall (US 20070178719 A1).
Claims 47 and 55: Liu teaches an aerosol provision system (fig. 2 and [37]) comprising:
a vaporizer (2) for generating a vapor from an aerosolizable material, wherein the vaporizer (2) comprises a heating element (22 comprises a heater coil);
an electrode (31) for receiving electrical power;
and a resilient element (41), electrically connected to ([39], #41 electrically connects to #221 and #31) the vaporizer (2) and the electrode (31), for transferring the electrical power between the electrode (31) and the vaporizer (2),
wherein the resilient element (41) is biased into engagement with ([39], #41 is resiliently abutted between #221 and #31 which biases #41 into compressing #221) the vaporizer (2),
and wherein the resilient element (41) comprises an electrically conductive material (41 is an electrical connector) for transferring the electrical power received by the electrode (31) to the vaporizer (22),
wherein the resilient element (fig. 5-6 and [41], #41) comprises a first portion (414) proximal the vaporizer (2 not shown here) and a second portion (411) proximal the electrode (31 not shown here), the first portion (414) is in contact with the vaporizer (2), the first portion (414) comprises a first flat plate (plate of 414), and the first portion (414) defines a portion on which the vaporizer (2) is supported ([39], #41 is resiliently abutted between #221 and #31 such that #41 supports #221),
and wherein the resilient element (41) is configured to provide a compression force on (#41 is resiliently abutted between #221 and #31 which biases #41 into compressing #221) the vaporizer (2), and the compression force extends in a direction away from the electrode (31).
Liu does not explicitly teach a porous member for use in holding aerosolizable material to be vaporized using the vaporizer, that the portion is cantilevered,
or a reservoir for the aerosolizable material, wherein the vaporizer is configured to receive the aerosolizable material from the reservoir.
Newton teaches an aerosol provision system (fig. 7) comprising a porous member (43) for use in holding aerosolizable material to be vaporized using a vaporizer (32), and a reservoir (43) for the aerosolizable material, wherein the vaporizer (32) is configured to receive the aerosolizable material from the reservoir (43), such that aerosolizable material can be delivered to the vaporizer at controlled, non-excessive rates [31].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Liu’s generic vaporizer aligned with the prior art, Newton’s vaporizer comprising a porous member for use in holding aerosolizable material to be vaporized using the vaporizer and a reservoir for the aerosolizable material, because doing so would enable aerosolizable material to be delivered to the vaporizer at controlled, non-excessive rates.
Mendenhall teaches, in a field of resilient elements pertinent to applicant and Liu, a resilient element (fig. 7 and [85]) comprising a cantilevered portion (140), such that the cantilevered portion exerts an upward force on a conductive element (105) to ensure an adequate electrical connection [85].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make Liu’s portion which supports a vaporizer cantilevered, because doing so would enable the cantilevered portion to exert an upward force on the vaporizer to ensure an adequate electrical connection.
Claim 48: modified Liu teaches the aerosol provision system according to claim 47, wherein the second portion (fig. 5-6, #411) comprises a second flat plate (plate of 411).
Claim 49: modified Liu teaches the aerosol provision system according to claim 47, wherein the electrode (fig. 4, #31) comprises at least one recess (recess which surrounds part of 41) for accommodating the resilient element (41).
Claim 50: modified Liu teaches the aerosol provision system according to claim 47, wherein the electrode (fig. 4, #31) extends between a first end (topmost end of 31) of the electrode and a second end (bottommost end of 31) of the electrode, wherein the first end (topmost end of 31) of the electrode is located more proximal to the vaporizer (2) than the second end (bottommost end of 31) of the electrode is located to the vaporizer (2).
Claim 51: modified Liu teaches the aerosol provision system according to claim 47, wherein the resilient element (fig. 4, #41) is held in compression by ([39], #41 is resiliently abutted between #221 and #31 which biases #41 into being compressed by #31) the electrode (31).
Claim 53: modified Liu teaches the aerosol provision system according to claim 47, wherein the resilient element (fig. 4, #41) is made of the electrically conductive material ([40], #41 can be made of conductive material).
Claim 54: modified Liu teaches the aerosol provision system according to claim 47, wherein the resilient element (fig. 4, #41) at least partly supports ([39], #41 is resiliently abutted between #221 and #31 such that #41 supports #221) the vaporizer (2), such that the resilient element (41) is configured to be held in compression between the vaporizer (2) and the electrode (31).
Claim 52 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20160270445 A1 cited on an IDS) in view of Newton (US 20130228191 A1) and Mendenhall (US 20070178719 A1) as applied to claim 47 in further view of Bilat (US 20170340010 A1).
Claim 52: modified Liu teaches the aerosol provision system according to claim 47, wherein the resilient element (fig. 4, #41) can be made of electrically conductive material [40].
Modified Liu does not explicitly teach that the electrically conductive material is deposited onto the resilient element.
Bilat teaches an aerosol provision system (title) comprising a resilient element ([59], electric heater) comprising an electrically conductive material which can form equivalent alternatives of the whole resilient element (the electric heater may be a flexible heating plate) or a deposited layer on the resilient element (the electric heater may be deposited on a carrier material).
The form of the electrically conductive material is agnostic to the properties of the carrier material to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make Liu’s electrically conductive material deposited onto the resilient element, because doing so would be a simple substitution of manufacture techniques between resilient elements of aerosol provision systems.
Claim 56 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20160270445 A1 cited on an IDS) in view of Newton (US 20130228191 A1) and Mendenhall (US 20070178719 A1) as applied to claim 47 in further view of Liu (US 20150027460 A1, hereinafter Liu 2).
Claim 56: modified Liu teaches the aerosol provision system according to claim 47, further comprising a cartridge (fig. 1, #2 and #3) and a control unit ([41], #1 comprises a control modular), wherein the electrode (31), the vaporizer (2), and the resilient element (41) are located in the cartridge (2 and 3), and wherein the control unit (1) comprises a cartridge receiving section ([36], #1 removably receives #2) that includes an interface (the parts can be received by threaded or buckled connection) arranged to cooperatively engage with the cartridge (2 and 3) so as to releasably couple the cartridge (2 and 3) to the control unit (1), and the cartridge (2 and 3) further comprises a power supply ([38], #3 comprises a battery) for delivering electrical power to the electrode (31) for powering the vaporizer (2).
Modified Liu does not explicitly teach that the power supply is positioned in the control unit.
Liu 2 teaches an aerosol provision system (title) comprising a power supply (fig. 4 and [56], #3) detachably positioned from a cartridge (2) and positioned in a surrounding cylindrical unit (1), such that detaching the battery enables battery replacement and automated manufacture [56].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make Liu’s power supply detachably positioned from the cartridge and positioned in the surrounding control unit, because doing so would enable battery replacement and automated manufacture.
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Claim 57 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20160270445 A1 cited on an IDS) in view of Newton (US 20130228191 A1) and Mendenhall (US 20070178719 A1) and Liu (US 20150027460 A1, hereinafter Liu 2).
Claim 57: Liu teaches a cartridge (fig. 1, #2 and #3) for an aerosol provision system comprising the cartridge (2 and 3) and a control unit ([41], #1 comprises a control modular), wherein the cartridge (2 and 3) comprises:
a vaporizer (2) for generating a vapor from an aerosolizable material, wherein the vaporizer (2) comprises a heating element ([37], #22 comprises a heater coil);
an electrode (31) for receiving electrical power;
and a resilient element (41), electrically connected to ([39], #41 electrically connects to #221 and #31) the vaporizer (2) and the electrode (31), for transferring the electrical power between the electrode (31) and the vaporizer (2),
wherein the resilient element (41) is biased into engagement with ([39], #41 is resiliently abutted between #221 and #31 which biases #41 into compressing #221) the vaporizer (2),
and wherein the resilient element (41) comprises an electrically conductive material (41 is an electrical connector) for transferring the electrical power received by the electrode (31) to the vaporizer (2),
wherein the resilient element (fig. 5-6 and [41], #41) comprises a first portion (414) proximal the vaporizer (2 not shown here) and a second portion (411) proximal the electrode (31), the first portion (414) is in contact with the vaporizer (2), the first portion (414) comprises a first flat plate (plate of 414), and the first portion (414) defines a portion on which the vaporizer (2) is supported ([39], #41 is resiliently abutted between #221 and #31 such that #41 supports #221), and wherein the resilient element (41) is configured to provide a compression force on (#41 is resiliently abutted between #221 and #31 which biases #41 into compressing #221) the vaporizer (2), the compression force extends in a direction away from the electrode (31).
Liu does not explicitly teach a porous member for use in holding aerosolizable material to be vaporized using the vaporizer, that the portion is cantilevered, or that the power supply is positioned in the control unit.
Newton teaches an aerosol provision system (fig. 7) comprising a porous member (43) for use in holding aerosolizable material to be vaporized using a vaporizer (32), and a reservoir (43) for the aerosolizable material, wherein the vaporizer (32) is configured to receive the aerosolizable material from the reservoir (43), such that aerosolizable material can be delivered to the vaporizer at controlled, non-excessive rates [31].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Liu’s generic vaporizer aligned with the prior art, Newton’s vaporizer comprising a porous member for use in holding aerosolizable material to be vaporized using the vaporizer and a reservoir for the aerosolizable material, because doing so would enable aerosolizable material to be delivered to the vaporizer at controlled, non-excessive rates.
Mendenhall teaches, in a field of resilient elements pertinent to applicant and Liu, a resilient element (fig. 7 and [85]) comprising a cantilevered portion (140), such that the cantilevered portion exerts an upward force on a conductive element (105) to ensure an adequate electrical connection [85].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make Liu’s portion which supports a vaporizer cantilevered, because doing so would enable the cantilevered portion to exert an upward force on the vaporizer to ensure an adequate electrical connection.
Liu 2 teaches an aerosol provision system (title) comprising a power supply (fig. 4 and [56], #3) detachably positioned from a cartridge (2) and positioned in a surrounding cylindrical unit (1), such that detaching the battery enables battery replacement and automated manufacture [56].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make Liu’s power supply detachably positioned from the cartridge and positioned in the surrounding control unit, because doing so would enable battery replacement and automated manufacture.
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Response to Arguments
Applicant’s arguments of 2026 February 12 have been carefully considered but are not persuasive.
Applicant argues (p. 5, [final paragraph] – p. 6, [1]) that Liu #414 does not contact #22. However, [Liu 39] originally cited by the examiner discloses that #41 is abutted between #221 and #31, and [Liu 37] originally cited by the examiner discloses that #221 is a part of #22, so #41 contacts a part of #22. #414 is in electrical contact with #22 through #41 ([40], #411 is electrically conductive and connects #414 to #22) and through the control modular ([41], #411 electrically connects with the control modular with electrically connects with #2).
Applicant argues (p. 6, [final paragraph]) that Liu #22 electrically couples to #221 and #222, rather than to #41 and #42. However, [Liu 37] discloses that #221 and #222 are parts of #22, so parts of #22 electrically couple to #41 and #42.
Applicant argues (p. 7, [1-3]) that Liu #414 does not contact #22. However, as in the above responses, [Liu 39] discloses that #41 is abutted between #221 and #31, and [Liu 37] discloses that #221 is a part of #22, so #414 is in contact with a part of #22.
Applicant argues (p. 7, [final paragraph]) that Mendenhall’s #142 and the instant first flat plate are different. However, applicant makes no analysis on the supposed differences. Mendenhall teaches a resilient element (fig. 7 and [85]) comprising a cantilevered portion (140) that defines a flat plate, such that the cantilevered portion exerts an upward force on a conductive element (105) to ensure an adequate electrical connection. One of ordinary skill would be motivated to add Mendenhall’s cantilevered portion that defines a flat plate to Liu for the benefit of adequate electrical connection.
Applicant argues (p. 8, [1]) that Liu #414 does not contact #22 such that Mendenhall would not teach making #414 contact and support #22. However, as in the above response, Mendenhall does teach a cantilevered portion that defines a flat plate for the benefit of exerting an upward force. One of ordinary skill has ordinary creativity and would be motivated to implement Mendenhall’s improvement by, for example, adding Mendenhall’s cantilevered portion to Liu’s extending arm #414 such that Liu #414 both supports #22 Whether the cantilevered portion extends from Liu #414, #411, or even #412 does not bear on Mendenhall’s motivation to add a cantilevered portion to a resilient element such that the cantilevered portion exerts an upward force.
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Applicant argues (p. 8, [2]) that Mendenhall and the instant claims address different technical purposes. However, Mendenhall is reasonably pertinent to (designing resilient elements in electrical devices) the instant invention. Liu teaches an electrical device comprising resilient elements that form electrical connections and would look to Mendenhall’s resilient elements that form electrical connections for further guidance. See MPEP 2141.01(a).
Applicant argues (p. 8, [3] – p. 9) that Newton, Bilat, and Liu 2 do not teach the first cantilevered portion. However, as in the above responses, Liu in view of Mendenhall teaches the first cantilevered portion.
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 Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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, Michael H. Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747