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
Claims 1-8 and 11 are currently pending and are subject to this office action. Claims 1 and 11 are amended. Claims 9 and 10 are canceled. This office action is in response to Applicant’s amendment filed on 05/15/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 05/16/2026 containing amendments and remarks to the claims.
In response to Applicant’s amendments filed 05/16/2026, the Examiner withdraws the objection to claim 1 for minor informalities.
In response to Applicant’s amendments filed 05/16/2026, the Examiner withdraws the objection to claim 11 for minor informalities .
Response to Arguments
Applicant’s arguments, on pages 7-12, filed 05/15/2026, with respect to the rejection of claims 1 and 11 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claims 1 and 11 to include limitations of now canceled claim 10 and a limitation that was not previously presented, specifically, “wherein a rotation axis of the first rotary plate and a rotation axis of the second rotary plate do not coincide with each other”. However, upon further consideration, a new ground(s) of rejection is made in view of Liu (CN 209127346 U).
The following are modified rejections based on Applicant’s amendments to the claims.
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.
Claims 1, 2, 3, 4, 5, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Bless (US 20180160732 A1), and further in view of Hermiz (US 10721973 B1), Zhao (CN 111671155 A, hereinafter citations referring to English Machine Translation), and Liu (CN 209127346 U, hereinafter citations referring to English Machine Translation)
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With regard to Claim 1, Bless, directed to a smoking article and cartridge teaches (i) a smoking article comprising a reservoir with two or more divided chambers (Fig. 2: #318A-C) comprising different aerosol precursor compositions [0032]. (ii) The liquid in the chambers (Fig. 2: #318A-C) are atomized by an aerosol forming arrangement, in the form of a heating element [0034]. (iii) The smoking article further comprises two or more aligned discs (Fig. 5A: #338A & Fig. 5B: #338B), relating to the adjusting member of the claimed invention, that are rotatable such that based on the two discs alignment in communication with chambers (Fig. 2: #318A-C), the quantity of received aerosol precursor composition can be adjusted [0048].
(iv) One of ordinary skill in the art would understand the composition delivered from the chambers is based on the rotation of the discs (Fig. 5A: #338A & Fig. 5B: #338B) and that blocking one chamber would result in an increase in quantity for another to help a consumer selectively control the quantity of an aerosol composition [0003]. (v) The first disc (Fig. 5A: #338A) is aligned with liquid delivery path of the first chamber (Fig. 2: #320A, [0044]). (vi) The two rotatable discs (Fig. 5A: #338A and Fig. 5B: #338B) include ports corresponding to two or more chambers holding liquid to allow normal quantities of an aerosol precursor composition to be dispensed (Claim 4). Modified Bless teaches all of the limitations of the claims as set forth above, however modified Bless is silent to:
wherein the first liquid composition and the second liquid composition are respectively delivered to the vaporizing element through a first transfer path and a second transfer path
wherein the first rotary plate comprises a first hole and a second hole, a size of the first hole being different from a size of the second hole
wherein the first rotary plate is configured to, by rotation, cause at least one of the first hole and the second hole to be placed on the first transfer path adjust the degree of opening of the first transfer path based on the size of the first hole and the size of the second hole
wherein a rotation axis of the first rotary plate and a rotation axis of the second rotary plate do not coincide with each other
wherein the second rotary plate comprises a plurality of holes of different sizes
wherein the second rotary plate is configured to, by rotation, cause at least one of the plurality of holes to be placed on the second transfer path to adjust the degree of opening of the second transfer path
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In regards to i., Hermiz, directed to an electronic smoking device, teaches (i) first and second reservoirs (Fig. 10: #122 & #14) comprising separate liquid compositions [33]. The liquid compositions are delivered separately to separate heating elements (Fig. 10: #136 & #138, [29]). One of ordinary skill in the art would find it obvious to combine the transfer paths of Hermiz with Bless to improve isolated and independent delivery of different liquid compositions while maintaining adjustable flow control [2].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the first and second liquid reservoir of Bless to wherein the first liquid composition and the second liquid composition are respectively delivered to the vaporizing element through a first transfer path and a second transfer path because both Bless and Hermiz are directed to allowing a user to select from multiple aerosol generating liquids based on preference. Hermiz teaches first and second reservoirs with separate flow paths before reaching a heating element to improve isolated and independent delivery of different liquid compositions while maintaining adjustable flow control [2] and this merely involves applying a known separate path configuration to a known aerosol generation device, ready for improvement, to yield predictable results.
In regards to ii., iii., v., and vi., Zhao, directed to an electronic cigarette atomizing device, teaches (ii) an air regulating component in the form of a disc with several through holes of different sizes to help regulate airflow [0056]. (iii) When the disc is rotated, the different sized through holes are connected to an inlet [0056]. The Examiner acknowledges that the holes taught by Zhao are directed to regulating airflow, however, the principle of changing the size of an opening to change/regulate flow would still apply to a fluid like a liquid supply. One of ordinary skill in the art would understand that since airflow passes through the selected through hole, which are of a multitude of sizes, the size of the hole directly determines the area of the airflow path. Thus, it would have been obvious to modify the rotatable discs of modified Bruton to include through holes of different sizes to provide adjustable flow regulation in the device [0056]. (v & vi) Similarly, it would have been obvious for one of ordinary skill in the art to include the differently sized through holes of Zhao on the second rotary plate of modified Bless since the second rotary plate also participates in defining the flow path and Zhao uses the holes to help regulate flow [0056].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the first and second rotary plates of Bless to wherein the first rotary plate comprises a first hole and a second hole, a size of the first hole being different from a size of the second hole, wherein the first rotary plate is configured to, by rotation, cause at least one of the first hole and the second hole to be placed on the first transfer path adjust the degree of opening of the first transfer path based on the size of the first hole and the size of the second hole, wherein the second rotary plate comprises a plurality of holes of different sizes, and wherein the second rotary plate is configured to, by rotation, cause at least one of the plurality of holes to be placed on the second transfer path to adjust the degree of opening of the second transfer path because both Bless and Zhao are directed to altering flow based on user preferences. Zhao teaches a disc with different sized through holes to provide adjustable flow regulation [0056] and this merely involves combining known restricting elements according to known flow techniques ready for improvement to yield predictable results.
In regards to iv., Liu, directed to an aggregate bin, teaches wherein centers of a first rotating circular plate and a second rotating circular plate do not coincide, forming an eccentric wheel group [0040]. One of ordinary skill in the art would have recognized that Bless likewise relies on the relative positioning of cooperating rotary plates to selectively regulate communication with the liquid transfer paths. Thus, one would have been motivated to apply the eccentric arrangement of Liu to the rotary plates of Bless to help control relative motion between the rotating members [0040].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the rotary plates of modified Bless to wherein a rotating axis of the first rotary plate and a rotation axis of the second rotary plate do not coincide with each other because both Bless and Liu are directed to controlling functions using rotational movement. Liu teaches first and second rotating circular plate that do not coincide to help control relative motion between the rotating members [0040] and this merely involves applying a known technique to a known device ready for improvement to yield predictable results.
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With regard to Claim 2, Bless teaches (i) a housing (Fig. 1: #302) forming a space to accommodate a cartridge (Fig. 1: #300) comprising liquid for generating aerosol [0026]. (ii) A flow tube (Fig. 1: #340), is formed within the cartridge (Fig. 1: #300), to direct aerosol from the aerosol forming arrangement (Fig. 1: #308) to a mouthpiece (Fig. 1: #304, [0044]). (iii) The first aerosol precursor composition may comprise nicotine [0031], meeting the claim limitation of an aerosol forming agent. (iv) The second aerosol precursor composition may comprise a flavoring composition [0031].
With regard to Claim 3, Bless teaches wherein any of the aerosol precursor compositions may include a combination of nicotine and artificial flavors [0031-0032].
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With regard to Claim 4, Bless teaches wherein the two or more chambers (Fig. 2: #318A-C) each having an aerosol precursor composition [0032] which are heated by a singular heating element [0033] to promote on-demand delivery of desired aerosol [0004].
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With regard to Claim 5, Bless teaches wherein a flow tube (Fig. 1: #340), is formed within the cartridge (Fig. 1: #300), to direct aerosol from the aerosol forming arrangement (Fig. 1: #308) to a mouthpiece (Fig. 1: #304, [0044]). One of ordinary skill in the art would find it obvious that as both aerosol precursor compositions are directed to the same heating element and airflow path, the aerosol generated by the two would mix before being supplied to a user. Bless teaches all the limitations of the claims as set forth above, however Bless is silent to:
The vaporizing element includes a first vaporizing element configured to vaporize the first liquid composition to generate a first aerosol, and a second vaporizing element configured to vaporize the second liquid composition toe generate a second aerosol
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Hermiz teaches two separate liquid compositions that are delivered to separate heating elements (Fig. 10: #136 & #138) to generate aerosol [29]. One of ordinary skill in the art would find it obvious to combine the transfer paths of Hermiz with Bless to improve isolated and independent delivery of different liquid compositions while maintaining adjustable flow control [2].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the first and second liquid reservoir of Bless to wherein the vaporizing element includes a first vaporizing element configured to vaporize the first liquid composition to generate a first aerosol, and a second vaporizing element configured to vaporize the second liquid composition toe generate a second aerosol because both Bless and Hermiz are directed to allowing a user to select from multiple aerosol generating liquids based on preference. Hermiz teaches first and second liquid compositions with separate heating elements to improve isolated and independent delivery of different liquid compositions while maintaining adjustable flow control [2] and this merely involves applying a known separate heating configuration to a known aerosol generation device, ready for improvement, to yield predictable results.
With regard to Claim 8, Bruton teaches wherein (i) the atomization unit contains a first heating element in the first cartomizer for vaporization and a second heating element in the second cartomizer for vaporization [0052]. Bruton further teaches (ii) control circuitry comprising a functional block for controlling the supply of power in the first and second cartomizers, comprising the liquid reservoirs, in response to user input [0052]. The control circuitry uses the supply of power to determine vaporization of liquid [0052].
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With regard to Claim 11, Bless, directed to a smoking article and cartridge teaches (i) a smoking article comprising a reservoir with two or more divided chambers (Fig. 2: #318A-C) comprising different aerosol precursor compositions [0032]. (ii) The liquid in the chambers (Fig. 2: #318A-C) are atomized by an aerosol forming arrangement, in the form of a heating element [0034]. (iii) The smoking article further comprises two or more aligned discs (Fig. 5A: #338A & Fig. 5B: #338B), relating to the adjusting member of the claimed invention, that are rotatable such that based on the two discs alignment in communication with chambers (Fig. 2: #318A-C), the quantity of received aerosol precursor composition can be adjusted [0048].
(iv) One of ordinary skill in the art would understand the composition delivered from the chambers is based on the rotation of the discs (Fig. 5A: #338A & Fig. 5B: #338B) and that blocking one chamber would result in an increase in quantity for another to help a consumer selectively control the quantity of an aerosol composition [0003]. (v) The first disc (Fig. 5A: #338A) is aligned with liquid delivery path of the first chamber (Fig. 2: #320A, [0044]). (vi) The two rotatable discs (Fig. 5A: #338A and Fig. 5B: #338B) include ports corresponding to two or more chambers holding liquid to allow normal quantities of an aerosol precursor composition to be dispensed (Claim 4). Modified Bless teaches all of the limitations of the claims as set forth above, however modified Bless is silent to:
wherein the first liquid composition and the second liquid composition are respectively delivered to the vaporizing element through a first transfer path and a second transfer path
wherein the first rotary plate comprises a first hole and a second hole, a size of the first hole being different from a size of the second hole
wherein the first rotary plate is configured to, by rotation, cause at least one of the first hole and the second hole to be placed on the first transfer path adjust the degree of opening of the first transfer path based on the size of the first hole and the size of the second hole
wherein a rotation axis of the first rotary plate and a rotation axis of the second rotary plate do not coincide with each other
wherein the second rotary plate comprises a plurality of holes of different sizes
wherein the second rotary plate is configured to, by rotation, cause at least one of the plurality of holes to be placed on the second transfer path to adjust the degree of opening of the second transfer path
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In regards to i., Hermiz, directed to an electronic smoking device, teaches (i) first and second reservoirs (Fig. 10: #122 & #14) comprising separate liquid compositions [33]. The liquid compositions are delivered separately to separate heating elements (Fig. 10: #136 & #138, [29]). One of ordinary skill in the art would find it obvious to combine the transfer paths of Hermiz with Bless to improve isolated and independent delivery of different liquid compositions while maintaining adjustable flow control [2].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the first and second liquid reservoir of Bless to wherein the first liquid composition and the second liquid composition are respectively delivered to the vaporizing element through a first transfer path and a second transfer path because both Bless and Hermiz are directed to allowing a user to select from multiple aerosol generating liquids based on preference. Hermiz teaches first and second reservoirs with separate flow paths before reaching a heating element to improve isolated and independent delivery of different liquid compositions while maintaining adjustable flow control [2] and this merely involves applying a known separate path configuration to a known aerosol generation device, ready for improvement, to yield predictable results.
In regards to ii., iii., v., and vi., Zhao, directed to an electronic cigarette atomizing device, teaches (ii) an air regulating component in the form of a disc with several through holes of different sizes to help regulate airflow [0056]. (iii) When the disc is rotated, the different sized through holes are connected to an inlet [0056]. The Examiner acknowledges that the holes taught by Zhao are directed to regulating airflow, however, the principle of changing the size of an opening to change/regulate flow would still apply to a fluid like a liquid supply. One of ordinary skill in the art would understand that since airflow passes through the selected through hole, which are of a multitude of sizes, the size of the hole directly determines the area of the airflow path. Thus, it would have been obvious to modify the rotatable discs of modified Bruton to include through holes of different sizes to provide adjustable flow regulation in the device [0056]. (v & vi) Similarly, it would have been obvious for one of ordinary skill in the art to include the differently sized through holes of Zhao on the second rotary plate of modified Bless since the second rotary plate also participates in defining the flow path and Zhao uses the holes to help regulate flow [0056].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the first and second rotary plates of Bless to wherein the first rotary plate comprises a first hole and a second hole, a size of the first hole being different from a size of the second hole, wherein the first rotary plate is configured to, by rotation, cause at least one of the first hole and the second hole to be placed on the first transfer path adjust the degree of opening of the first transfer path based on the size of the first hole and the size of the second hole, wherein the second rotary plate comprises a plurality of holes of different sizes, and wherein the second rotary plate is configured to, by rotation, cause at least one of the plurality of holes to be placed on the second transfer path to adjust the degree of opening of the second transfer path because both Bless and Zhao are directed to altering flow based on user preferences. Zhao teaches a disc with different sized through holes to provide adjustable flow regulation [0056] and this merely involves combining known restricting elements according to known flow techniques ready for improvement to yield predictable results.
In regards to iv., Liu, directed to an aggregate bin, teaches wherein centers of a first rotating circular plate and a second rotating circular plate do not coincide, forming an eccentric wheel group [0040]. One of ordinary skill in the art would have recognized that Bless likewise relies on the relative positioning of cooperating rotary plates to selectively regulate communication with the liquid transfer paths. Thus, one would have been motivated to apply the eccentric arrangement of Liu to the rotary plates of Bless to help control relative motion between the rotating members [0040].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the rotary plates of modified Bless to wherein a rotating axis of the first rotary plate and a rotation axis of the second rotary plate do not coincide with each other because both Bless and Liu are directed to controlling functions using rotational movement. Liu teaches first and second rotating circular plate that do not coincide to help control relative motion between the rotating members [0040] and this merely involves applying a known technique to a known device ready for improvement to yield predictable results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bless (US 20180160732 A1), Hermiz (US 10721973 B1), Zhao (CN 111671155 A), and Liu (CN 209127346 U), as applied to claim 1 above, and further in view of and Bruton (US 2021022400 A1)
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With regard to Claim 6, Bless teaches a first chamber (Fig. 2: #318A) within a first cartridge (Fig. 2: #300) and all the limitations of the claims as set forth above, however modified Bless is silent to:
The second liquid reservoir is included in a second cartridge
The aerosol generation device further comprises a cartridge holder on which the first and second cartridge are mounted
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Bruton, directed to an aerosol provisions system, teaches (i) two separate cartomizers (Fig. 2: #4a & #4b), each comprising a liquid reservoir (Fig. 2: #41a & #41b, [0076]) to ease replacement when one reservoir is depleted [0036]. (iii) The two cartomizers (Fig. 2: #4a and #4b) are held in two aerosol generating areas (Fig. 2: #24a and #24b) by two flow restriction members (Fig. 2: #25a and #25b), creating a holding or mounting structure, meeting the claim limitation of a cartridge holder.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the reservoirs of modified Bless to wherein the second liquid reservoir is included in a second cartridge and the aerosol generation device further comprises a cartridge holder on which the first and second cartridge are mounted because both Bless and Bruton are directed to effective delivery of aerosol in a smoking device comprising multiple liquid compositions. Bruton teaches two liquid reservoirs in separate cartridges and a cartridge holder to ease replacement of the cartridge and lower the risk of undesirable tastes for a user [0036] and this merely involves combining prior art elements according to known multiple aerosol generating methods to yield predictable results.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bless (US 20180160732 A1), Hermiz (US 10721973 B1), Zhao (CN 111671155 A), and Liu (CN 209127346 U), as applied to claim 1 above, and further in view of and Li (US 20220248764 A1).
With regard to Claim 7, modified Bless teaches all the limitations of the claims as set forth above, however modified Bless is silent to:
Wherein the degree of vaporization of the first liquid composition and the degree of vaporization of the second liquid composition is adjusted based on a user input
Li teaches wherein when a user inhales, the on-off valve moves to allow the blocking portion to open the liquid guiding passage [0037] leading to the channels of the two liquid storage cavities and keep the liquid distributed uniformly [0028].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the degrees of vaporization of the first and second liquid composition of modified Bruton to be adjusted based on a user input because both Bless and Li are directed to multiple liquid storage compartments. Li teaches an on-off valve that opens and closes the path from two liquid storage cavities to an atomizing core to keep the liquid distributed uniformly in the atomizing core and prevent the atomizing core from producing a burnt smell [0028] and this merely involves applying a known liquid control strategy to a known aerosol generating device ready for improvement to yield predictable results.
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 OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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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.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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