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 .
Specification
The disclosure is objected to because of the following informalities: pg 11 lines 6 of the specification contains a typographical error, the number after heating sections is recited as “34b” but should be recited as “34a”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, while as per MPEP 2173.05(f) formatting a claim by referring to another does not always present an issue however in this instance it is noted that there are antecedent limitations referring to elements of claim 1 for consideration “by the at least two heating sections of said heater”, claim 7, last lines, which seem to be directed to the storing container in a redundant manner as the system of claim 1 also requires “a liquid substance storing container” in lines 2-3, etc., such that claim 7, due to its preamble, could be considered to recite an additional liquid substance storing container and not merely directed to the same subcomponent of the claimed system of claim 1. Thus, the reference to claim 1 in the preamble and further recitation of components of claim 1, within claim 7 introduce confusion. For the purposes of examination, the claim will be treated as an independent claim, where the claim recites: “A liquid substance storing container comprising a porous body for storing a liquid substance, wherein the porous body comprises at least two different sections that are configured to be heated separately.”
Claims 8-13 are indefinite by virtue of depending on an indefinite claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3, 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Collett et al. (US 2014/0060554 A1).
Regarding claim 1, Collett discloses:
An aerosol generating system , ([0010]), comprising a liquid substance storing container, ([0014]-[0016] a liquid aerosol precursor composition can be in a carrier material), and an aerosol generating device, said liquid substance storing container comprising a porous body for storing a liquid substance, ([0097], the reservoir may be porous to retain the aerosol precursor composition) and said aerosol generating device comprising a heater comprising at least two heating sections, ([0022] a plurality of micro heaters) configured to heat the porous body, wherein said aerosol generating device comprises a heating cavity, for housing the porous body, ([0023] the carrier material can be inserted into the smoking article), said at least two heating sections of said heater located on the bottom of the heating cavity, ([0014] disclosing that the microheater may be operatively positioned within the smoking article, [0079] describing a variety of heater positions, [0106] the microheaters may be positioned on only one side of the substrate/carrier), and wherein said porous body is disposed on the bottom of the heating cavity, in contact with the at least two heating sections of the heater, ([0106] disclosing a plurality of microheaters in contact with a side of the substrate/carrier).
Regarding claim 2, Collett discloses the aerosol generating system of according to claim 1. Collett discloses that at least two heating sections are arranged in the same plane of the heating cavity, ([0106]).
Regarding claim 3, Collett discloses the aerosol generating system of according to claim 1. Collet discloses the porous body comprises at least two different portions, ([0022]-[0023] the aerosol precursor composition may be held in a carrier material, the aerosol precursor may comprise two or more separate components) and said at least two heating sections are in contact respectively with external surfaces of said at least two different portions, [0022] the separate components may be separately heated by the microheaters, reasonably suggesting that the heaters are in contact with separate external surfaces of the portions).
Regarding claim 5, Collett discloses the aerosol generating system of according to claim 1. Collet discloses wherein said at least two heating sections of the heater have a shape chosen from among at least two slice sections, dots or linear tracks, ([0043]-[0045] disclosing microheaters of a small size anticipating at least the shape of a dot), concentric rings.
Regarding claim 6, Collett discloses the aerosol generating system of according to claim 1. Collet discloses wherein said aerosol generating device further comprises control means, ([0018]), in order to activate separately said at least two heating sections, ([0022] disclosing that the micro heaters may activated under different conditions, heated to different temperatures, or different amounts of time, including serial heating, [0037] and a control component that regulates and controls the flow of power within the article).
Claim(s) 7-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Phan et al. (US 2019/0216132 A1).
Regarding claim 7-8, Phan discloses:
A liquid substance storing container, ([0015] a porous sintered body for use as liquid storage), for an aerosol generating system according to claim 1, comprising a porous body for storing a liquid substance, ([0015]), wherein the porous body comprises at least two different portions configured to be heated separately by the at least two heating sections of said heater, ([0026] the sintered body may comprise grooves in one or more lateral or outer surfaces of the sintered body, which anticipates a porous body with substantially thermally insulated sections, definition provided in the present Specification pg 17 and associated Fig 3A-C depicting lateral grooves as providing thermal insulation, also anticipating configuration to be heated separately by at least two heating sections).
Regarding claim 9, Phan discloses the aerosol generating system of according to claim 7, wherein the porous body comprises at least one slit extending between said at least two different portions of the porous body, ([0025]-[0026] grooves in the form of slits may be in the lateral surfaces of the sintered body, these slits would inherently define portions of the porous body).
Regarding claim 10-12, Phan discloses the aerosol generating system of according to claim 9, the channels, which in this embodiment are slits in the lateral surfaces, ([0025]-[0026]), extend over the entire length of the shaped body and open to the at least two end faces of the shaped body, ([0021]), and while the shaped body may be many shapes, ([0028]), the shaped body may be in the form of a cylinder, ([0029]), known to have two end faces.
Regarding claim 13, Phan discloses the aerosol generating system of according to claim 7, wherein the porous body may have many shapes, ([0028]), and in particular may be in the form of a cylinder, ([0029]), which is known to have a cylindrical cross-section.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collett et al. (US 2014/0060554 A1).
Regarding claim 4, Collett discloses the aerosol generating system of according to claim 3.
As above, Collet discloses the porous body comprises at least two different portions, ([0022]-[0023] the aerosol precursor composition may be in a carrier material, the aerosol precursor may comprise two or more separate components) where the separate components may be separately heated by the microheaters. Collet does not explicitly state that the different portions of the carrier material holding the aerosol precursor formulation has a shape to match one of said at least two heating sections of the heater.
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have shaped the components of the carrier material to match one of each of the microheaters of Collet, to facilitate the serial heating of sections of the carrier material as described by Collett, ([0022]-[0023]). By shaping a component of the porous carrier material to match a specific microheater, serial heating of the component would be maximized, limiting the extent that the other components are heated by the microheater, and enabling those sections to be later heated in the disclosed serial manner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL E VAKILI whose telephone number is (571)272-5171. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm.
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.
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.
/D.E.V./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747