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 submission filed on 2026 February 20 has been entered. Claims 1-3, 5, 7, 11-12, 28-38, and 45 are pending.
Claim Objections
Claim 38 is objected to because of the following informalities:
Claim 38: “claim 1,further” should be “claim 1, further”.
Appropriate correction is required.
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 1-3, 5, 7, 11-12, 28-29, 31-32, 34-36, 38, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Tian (CN 210137815 U cited on an IDS and with reference made to machine translation) in view of Stern (US 20140355969 A1).
Claims 1, 5, 7, and 12: Tian teaches an aerosol provision system (fig. 3-4 and [44]) comprising:
a vaporizer (2) for generating vapor from an aerosolizable material (e-liquid);
an electrode (5) for receiving electrical power, wherein the vaporizer (2) is electrically connected to ([46-47], vaporizer #2 comprises wire #23 which electrically connects to electrode #5) the electrode (5);
and a sealing member (3 and 4), wherein the sealing member (3 and 4) comprises a cover (3) with a location (volume occupied by 5) for the electrode (5), configured to surround at least a first end of the electrode (5), and a cavity defining an air channel (fig. 10 and [51], #43) upstream of the vaporizer (fig. 3-4, #2).
Tian does not explicitly teach that the cavity comprises a valve integrally formed with the sealing member,
that the valve is a one-way valve,
and that the valve comprises one or more sections which taper inwardly in a direction extending away from the cover or a bridging portion of the sealing member.
Stern teaches an aerosol provision system (title) comprising a cavity (fig. 2, volume between #A and #B) comprising a one-way valve ([23-24], #300) integrally formed with a sealing member ([22], #300 and cartomizer section #A form a seal), wherein the valve comprises one or more sections ([24], the valve #300 comprises flaps) which taper (the flaps are tightly adjacent, so the flaps taper to a center of the valve) inwardly in a direction extending away from a sealing member (A which surrounds 300), such that the one-way valve can prevent back flow in order to protect electronics [21] and such that the one-way valve can reduce absorption of ambient moisture into e-liquid in order to preserve e-liquid viscosity [19].
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 add Stern’s one-way valve comprising one or more sections which taper inwardly in a direction extending away from the cover or bridging portion of the sealing member to Tian’s cavity, because doing so would enable the one-way valve to prevent back flow in order to protect Tian’s electronics, and would reduce absorption of ambient moisture into e-liquid in order to preserve Tian’s e-liquid viscosity.
Claim 2: modified Tian teaches the aerosol provision system according to claim 1, wherein the cover (fig. 4, #3) has a plurality of locations (volumes occupied by 5) for a plurality of electrodes (5).
Claim 3: modified Tian teaches the aerosol provision system according to claim 2, wherein the cavity (fig. 4, #43 which is not labelled; fig. 10, #43) is between the plurality of locations (volumes occupied by 5).
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Claim 11: modified Tian teaches the aerosol provision system according to claim 1, wherein the sealing member (fig. 4, #3 and #4) comprises a bridging portion (fig. 8, central portion of #4) configured to accommodate the air channel (43) defined by the cavity.
Claim 28: modified Tian teaches the aerosol provision system according to claim 1, wherein the location (fig. 4, volume occupied by #5) for the electrode (5) comprises a primary opening (opening in 3 through which 5 penetrates) in the cover (3), and the cover (3) extends around the first end of the electrode (5).
Claim 29: modified Tian teaches the aerosol provision system according to claim 1, wherein the sealing member (fig. 4, #3 and #4) has a core component (4) and a shell component (3).
Claim 31: modified Tian teaches the aerosol provision system according claim 29, wherein the location (fig. 4, volume occupied by #5) for the electrode (5) comprises a primary opening (opening of 3 through which 5 penetrates) in the shell component (3), and the shell component (3) extends around the first end of the electrode (5).
Claim 32: modified Tian teaches the aerosol provision system according to claim 29, wherein the core component (fig. 4, #4) is in contact with the electrode (5).
Claim 34: modified Tian teaches the aerosol provision system according to claim 29, wherein the shell component (fig. 3-4, #3) is in contact with the vaporizer (2).
Claim 35: modified Tian teaches the aerosol provision system according to claim 29, wherein the core component (fig. 4, #4) is configured to be held in compression between ([45], the system is fastened together, so #4 is compressed between abutting #2 and #5 to some extent) the vaporizer (2) and the electrode (5).
Claim 36: modified Tian teaches the aerosol provision system according to claim 29, wherein the shell component (fig. 4, #3) is configured to be held in compression between ([45], the system is fastened together, so #3 is compressed between abutting #2 and #4 to some extent) the vaporizer (2) and a surface (topmost surface of 4) of the aerosol provision system.
Claim 38: modified Tian teaches the aerosol provision system according to claim 1, further comprising a porous member (fig. 4 and [47], #22) for use in holding aerosolizable material (e-liquid) to be vaporized using the vaporizer (2),
wherein the sealing member (3 and 4) at least partly supports the porous member (22), such that the sealing member (3 and 4) is configured to be held in compression between ([45], the system is fastened together, so #3 and #4 are compressed between abutting #22 and #5/#6 to some extent) the porous member (22) and a surface (surfaces of 5 and 6 which abut 4) of the aerosol provision system.
Claim 45: modified Tian teaches the aerosol provision system according to claim 36, wherein the shell component (fig. 4, #3) is configured to be held in compression ([45], the system is fastened together, so #3 is compressed between abutting #2 and #4 to some extent) between the vaporizer (2) and a surface (topmost surface of 4) adjacent to the electrode (5).
Claims 30 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Tian (CN 210137815 U cited on an IDS and with reference made to machine translation) in view of Stern (US 20140355969 A1) as applied to claim 29 in further view of Batista (WO 2017108912 A1).
Claims 30 and 33: modified Tian teaches the aerosol provision system according to claim 29, wherein the shell component (fig. 4, #3) is composed of silicone [45], and the core component (4) is made by ultrasonic processing [45].
Tian does not explicitly teach that at least one component is at least partially composed of a heat-resistant, electrically conductive composite material,
and that the core component is composed of a heat-resistant, electrically conductive composite material.
Batista teaches an aerosol provision system (title) comprising a core component (fig. 6 and p. 30, lines 30-33, #515) that is composed of a heat-resistant (core component 515 seals a heat-transfer element 502 and therefore withstands heat from the heat-transfer element 502), electrically conductive (515 comprises aluminum) composite material, such that the aluminum facilitates an airtight seal (p. 9, lines 1-4) and the polymer layer can be heat-welded to the system (lines 1-4) in order to seal a cavity.
Batista’s benefits of forming an airtight and heat-weldable seal are agnostic to the intended use of Batista’s sealing component to yield expectation to succeed. One of ordinary skill looking to optimize all aspects of Tian would see Tian’s core component (fig. 4, #4) which fastens and seals the device [Tian 45] and be motivated to apply Batista’s sealing teachings.
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 Tian’s core component composed of a generic material, Batista’s specific heat-resistant, electrically conductive composite material, because doing so would enable the aluminum layer to form an airtight seal, and would enable the polymer layer to be heat-welded to the system
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Tian (CN 210137815 U cited on an IDS and with reference made to machine translation) in view of Stern (US 20140355969 A1) as applied to claim 29 in further view of Anderson (US 20200000146 A1, hereinafter Anderson 1) and Anderson (US 20200000143 A1, hereinafter Anderson 2).
Claim 37: modified Tian teaches the aerosol provision system according to claim 29, wherein the core and shell components are installed together [45].
Tian does not explicitly teach that the core and shell components are co-molded.
Anderson 1 teaches an aerosol provision system (title) comprising a core component (fig. 2G and [257], #164) and a shell component (106) co-molded into sealing the system [257].
Anderson 2 teaches co-molding components in aerosol provision systems [252], such that parts count of the systems can be minimized in order to enable high-volume manufacturing [252].
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 Tian’s generic installation method, Anderson 1’s co-molding method, because doing so is exemplified by Anderson 1 as installing components together, would minimize parts count in order to enable high-volume manufacturing as taught by Anderson 2, and would predictably install the core component and the shell component together to seal the device.
Response to Arguments
Applicant’s arguments of 2026 February 20 have been carefully considered but are not persuasive.
Applicant argues (p. 6, [6] – p. 8, [3]) that Tian’s sealing member (fig. 4 and [45], #3) does not surround at least a first end of the electrode (5). However, Tian fig. 4-5 originally cited by the examiner show electrodes (5) inserted through electrode holes (312) and having first ends (topmost portions of 5) surrounded by the sealing member (3).
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Applicant argues (p. 8, [final paragraph] – p. 9, [4]) limitations which are not claimed, e.g., reducing a number of components and protecting against metals in aerosol. However, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Modified Tian teaches the structure of claim 1 and is presumed to yield the alleged properties. If applicant intends to argue improved properties, “the fact that appellant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious.” Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). See MPEP 2145(II).
Applicant argues (p. 10) that Tian’s air channel (fig. 10 and [52], #43) functions to permit airflow into the device such that adding a valve to the air channel would frustrate airflow. However, Stern’s valve permits airflow into the device and towards a user [Stern 19], so adding Stern’s valve would continue to permit airflow.
Applicant further argues that Stern does not motivate a sealing member configured to surround at least a first end of an electrode. However, as in the above response, Tian teaches a sealing member configured to surround at least a first end of an electrode.
Applicant further argues that Tian identifies no problems with the sealing member #3. However, in addition to mitigating potential problems of leakage through an air channel [Stern 19] which may or may not be explicitly identified in Tian, Stern’s valve introduces a positive benefit of the valve preventing ambient moisture from absorbing into e-liquid and disturbing the e-liquid’s viscosity [Stern 19]. One of ordinary skill would be motivated to add Stern’s valve to Tian’s air channel for the benefit of mitigating potential leakage and preventing ambient moisture from absorbing into e-liquid. See MPEP 2143(A, C, D, F, and G).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Applicant argues (p. 11) that Stern’s air channel is drawn within a protrusion, whereas Tian’s air channel is drawn within a nonprotruding base. However, Stern assigns no particular meaning to the air channel shape and the protruding embodiments thereof [Stern 23-24]. One of ordinary skill has ordinary creativity and would be motivated to add Stern’s one-way valve comprising tapering flaps [Stern 24] to Tian’s air channel for the aforementioned benefits of mitigating potential leakage and preventing ambient moisture from absorbing into e-liquid.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747