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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “a liquid transfer element” in claims 1, 11, 13-14, and 16-17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Paragraph [0008] discloses a first portion of the liquid transfer element may be positioned inside the hollow shaft portion, and the electric heater may comprise a resistive heating coil at least partially wound around the first portion of the liquid transfer element. [0009] The liquid transfer element may extend through an aperture in the hollow shaft portion, and a second portion of the liquid transfer element overlies an outer surface of the hollow shaft portion.
Paragraph [0012] discloses a thickness of the second portion of the liquid transfer element may be equal to or less than a difference between the first diameter of the piercing portion and the shaft diameter of the hollow shaft portion.
Paragraph [0061] discloses the liquid transfer element may form part of the heater section. In example embodiments in which the cartridge comprises a porous carrier material on which the liquid aerosol-forming substrate is provided, the heater section may comprise the liquid transfer element, wherein the aerosol-generating system is configured so that the liquid transfer element contacts the porous carrier material.
Paragraph [0062] discloses the liquid transfer element may comprise any suitable material or combination of materials which is able to convey the liquid aerosol-forming substrate along its length. The liquid transfer element may be formed from a porous material, but this need not be the case. The liquid transfer element may be formed from a material having a fibrous or spongy structure. The liquid transfer element may comprise a bundle of capillaries. For example, the liquid transfer element may comprise a plurality of fibres or threads or other fine bore tubes. The liquid transfer element may comprise sponge-like or foam-like material. The structure of the liquid transfer element may form a plurality of small bores or tubes, through which the liquid aerosol-forming substrate can be transported by capillary action. The particular material or materials will depend on the physical properties of the liquid aerosol-forming substrate. Examples of suitable capillary materials include a sponge or foam material, ceramic- or graphite-based materials in the form of fibres or sintered powders, foamed metal or plastics material, a fibrous material, for example made of spun or extruded fibres, such as cellulose acetate, polyester, or bonded polyolefin, polyethylene, terylene or polypropylene fibres, nylon fibres, ceramic, glass fibres, silica glass fibres, carbon fibres, metallic fibres of medical grade stainless steel alloys such as austenitic 316 stainless steel and martensitic 440 and 420 stainless steels. The liquid transfer element may have any suitable capillarity so as to be used with different liquid physical properties. The liquid aerosol-forming substrate has physical properties, including but not limited to viscosity, surface tension, density, thermal conductivity, boiling point and vapour pressure, which allow the liquid aerosol-forming substrate to be transported through the liquid transfer element. The liquid transfer element may be formed from heat-resistant material. The liquid transfer element may comprise a plurality of fibre strands. The plurality of fibre strands may be generally aligned along a length of the liquid transfer element.
….
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of U.S. Patent No. 10,743,583. Although the claims at issue are not identical, they are not patentably distinct from each other because they discloses similar subject matters as the instant invention.
Instant Invention
US 10,743,583
Claim 1: An aerosol-generating system comprising:
a cartridge including,
a cartridge housing,
a solid aerosol-forming substrate in the cartridge housing, and
a liquid storage housing in the cartridge housing, the liquid storage housing including a porous carrier material, the porous carrier material holding a liquid aerosol-forming substrate,
the cartridge housing and the liquid storage housing defining an airflow passage therebetween; and
a heater section including, a heater including a hollow shaft portion and a piercing portion at an end of the hollow shaft portion, the hollow shaft portion defining one or more airflow apertures in fluid communication with the airflow passage; and
a liquid transfer element configured to contact the porous carrier material.
Claim 1: An aerosol-generating system comprising:
a cartridge comprising
a cartridge housing,
a solid aerosol-forming substrate within the cartridge housing, and
a porous carrier material within the cartridge housing, the porous carrier material holding a liquid aerosol-forming substrate,
the cartridge housing and the porous carrier material defining an airflow channel therebetween,
a downstream end of the airflow channel being in fluidic communication with the solid aerosol-forming substrate;
a heater section separate from the cartridge,
the heater section comprising an electric heater and
a liquid transfer element configured to contact the porous carrier material when the aerosol-generating system receives the cartridge, the porous carrier material being configured to circumscribe the liquid transfer element when the aerosol-generating system receives the cartridge; and
an aerosol-generating device comprising a device housing and a power supply within the device housing, the device housing configured to receive the cartridge, and
the power supply configured to supply electrical power to the electric heater.
Claim 7: The aerosol-generating system according to claim 1,
wherein the cartridge includes a frangible seal, and the piercing portion of the heater section is configured to pierce the frangible seal.
Claim 2: The aerosol-generating system according to claim 1,
wherein the cartridge further comprises a frangible seal, and the heater section further comprises a piercing element configured to pierce the frangible seal when the aerosol-generating device receives the cartridge.
Claim 8: The aerosol-generating system according to claim 1,
wherein a first portion of the liquid transfer element is positioned inside the hollow shaft portion, and the heater includes a resistive heating coil at least partially wound around the first portion of the liquid transfer element.
Claim 4: The aerosol-generating system according to claim 3,
wherein a first portion of the liquid transfer element is positioned inside the hollow shaft portion, and the electric heater comprises a resistive heating coil at least partially wound around the first portion of the liquid transfer element.
Claim 9: The aerosol-generating system according to claim 8,
wherein the liquid transfer element extends through an aperture in the hollow shaft portion, and a second portion of the liquid transfer element overlies an outer surface of the hollow shaft portion.
Claim 5: The aerosol-generating system according to claim 4,
wherein the liquid transfer element extends through an aperture in the hollow shaft portion, and a second portion of the liquid transfer element overlies an outer surface of the hollow shaft portion.
Claim 10: The aerosol-generating system according to claim 9,
wherein the porous carrier material has an annular shape defining a passage through the porous carrier material.
Claim 11: The aerosol-generating system according to claim 10,
wherein the piercing portion is configured to be at least partially received within the passage, and
the second portion of the liquid transfer element is configured to contact an inner surface of the porous carrier material when the piercing portion is at least partially received within the passage.
Claim 6: The aerosol-generating system according to claim 5,
wherein the porous carrier material has an annular shape defining a passage through the porous carrier material,
the piercing portion is configured to be at least partially received within the passage when the aerosol-generating device receives the cartridge, and
the second portion of the liquid transfer element is configured to contact an inner surface of the porous carrier material when the piercing portion is at least partially received within the passage.
Claim 12: The aerosol-generating system according to claim 9,
wherein the piercing portion is tapered and includes a first diameter at a first end of the piercing portion, the hollow shaft portion has a shaft diameter adjacent the first end of the piercing portion, and the shaft diameter of the hollow shaft portion is less than the first diameter of the piercing portion.
Claim 7: The aerosol-generating system according to claim 5,
wherein the piercing portion is tapered and comprises a first diameter at a first end of the piercing portion, the hollow shaft portion has a shaft diameter adjacent the first end of the piercing portion, and the shaft diameter of the hollow shaft portion is less than the first diameter of the piercing portion.
Claim 13: The aerosol-generating system according to claim 12,
wherein a thickness of the second portion of the liquid transfer element is equal to or less than a difference between the first diameter of the piercing portion and the shaft diameter of the hollow shaft portion.
Claim 8: The aerosol-generating system according to claim 7,
wherein a thickness of the second portion of the liquid transfer element is equal to or less than a difference between the first diameter of the piercing portion and the shaft diameter of the hollow shaft portion.
Claim 14: The aerosol-generating system according to claim 9,
wherein the heater section includes a securing ring positioned around the hollow shaft portion, and at least part of the second portion of the liquid transfer element is between the securing ring and the hollow shaft portion.
Claim 9: The aerosol-generating system according to claim 5,
wherein the heater section further comprises a securing ring positioned around the hollow shaft portion, and at least part of the second portion of the liquid transfer element is between the securing ring and the hollow shaft portion.
Claim 15: The aerosol-generating system according to claim 1,
wherein the cartridge includes a removable seal overlying an upstream end of the porous carrier material.
Claim 10: The aerosol-generating system according to claim 1,
wherein the cartridge further comprises a removable seal overlying an upstream end of the porous carrier material.
Claim 16: The aerosol-generating system according to claim 1,
wherein the liquid transfer element includes an upstream portion in contact with the heater and a downstream portion configured to contact the porous carrier material.
Claim 11: The aerosol-generating system according to claim 1,
wherein the liquid transfer element comprises an upstream portion in contact with the electric heater and a downstream portion configured to contact the porous carrier material when the aerosol-generating device receives the cartridge.
Claim 18: The aerosol-generating system according to claim 1,
wherein the heater includes a resistive heating mesh.
Claim 12: The aerosol-generating system according to claim 1,
wherein the electric heater comprises a resistive heating mesh.
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of U.S. Patent No. 11,546,969. Although the claims at issue are not identical, they are not patentably distinct from each other because they disclose similar subject matters as the instant invention.
Instant Invention
US 11,546,969
Claim 1: An aerosol-generating system comprising:
a cartridge including,
a cartridge housing,
a solid aerosol-forming substrate in the cartridge housing, and
a liquid storage housing in the cartridge housing, the liquid storage housing including a porous carrier material,
the porous carrier material holding a liquid aerosol-forming substrate,
the cartridge housing and the liquid storage housing defining an airflow passage therebetween; and
a heater section including,
a heater including a hollow shaft portion and a piercing portion at an end of the hollow shaft portion,
the hollow shaft portion defining one or more airflow apertures in fluid communication with the airflow passage; and a liquid transfer element configured to contact the porous carrier material.
Claim 1: An aerosol-generating system comprising:
a cartridge including,
a cartridge housing,
a solid aerosol-forming substrate in the cartridge housing, and
a porous carrier material in the cartridge housing, the porous carrier material holding a liquid aerosol-forming substrate;
a heater section including,
a heater including a hollow shaft portion and a piercing portion at an end of the hollow shaft portion,
a liquid transfer element configured to contact the porous carrier material, the porous carrier material configured to circumscribe the liquid transfer element, and a securing ring positioned around the hollow shaft portion, ends of the liquid transfer element being between the securing ring and the hollow shaft portion; and a power supply configured to supply electrical power to the heater.
Claim 2: The aerosol-generating system according to claim 1,
wherein a downstream end of the airflow passage is in fluidic communication with the solid aerosol-forming substrate.
Claim 3: The aerosol-generating system according to claim 2,
wherein a downstream end of the airflow channel is in fluidic communication with the solid aerosol-forming substrate.
Claim 3: The aerosol-generating system according to claim 1,
further comprising: an aerosol-generating device including a device housing, wherein a power supply is within the device housing, and the device housing is configured to receive the cartridge.
Claim 4: The aerosol-generating system according to claim 1,
further comprising: an aerosol-generating device including a device housing, wherein the power supply is within the device housing, and the device housing is configured to receive the cartridge.
Claim 4: The aerosol-generating system according to claim 1,
wherein the heater section is separate from the cartridge.
Claim 5: The aerosol-generating system according to claim 1,
wherein the heater section is separate from the cartridge.
Claim 5: The aerosol-generating system according to claim 1,
wherein the heater is an electric heater.
Claim 6: The aerosol-generating system according to claim 1,
wherein the heater is an electric heater.
Claim 6: The aerosol-generating system according to claim 1,
wherein the liquid transfer element is in direct contact with the porous carrier material.
Claim 7: The aerosol-generating system according to claim 1,
wherein the liquid transfer element is in direct contact with the porous carrier material when the aerosol-generating system receives the cartridge.
Claim 7: The aerosol-generating system according to claim 1,
wherein the cartridge includes a frangible seal, and the piercing portion of the heater section is configured to pierce the frangible seal.
Claim 8: The aerosol-generating system according to claim 1,
wherein the cartridge includes a frangible seal, and the piercing portion of the heater section is configured to pierce the frangible seal when the aerosol-generating system receives the cartridge.
Claim 8: The aerosol-generating system according to claim 1,
wherein a first portion of the liquid transfer element is positioned inside the hollow shaft portion, and the heater includes a resistive heating coil at least partially wound around the first portion of the liquid transfer element.
Claim 9: The aerosol-generating system according to claim 1,
wherein a first portion of the liquid transfer element is positioned inside the hollow shaft portion, and the heater includes a resistive heating coil at least partially wound around the first portion of the liquid transfer element.
Claim 9: The aerosol-generating system according to claim 8,
wherein the liquid transfer element extends through an aperture in the hollow shaft portion, and a second portion of the liquid transfer element overlies an outer surface of the hollow shaft portion.
Claim 10: The aerosol-generating system according to claim 9,
wherein the liquid transfer element extends through an aperture in the hollow shaft portion, and a second portion of the liquid transfer element overlies an outer surface of the hollow shaft portion.
Claim 10: The aerosol-generating system according to claim 9,
wherein the porous carrier material has an annular shape defining a passage through the porous carrier material.
Claim 11: The aerosol-generating system according to claim 10,
wherein the porous carrier material has an annular shape defining a passage through the porous carrier material.
Claim 11: The aerosol-generating system according to claim 10,
wherein the piercing portion is configured to be at least partially received within the passage, and the second portion of the liquid transfer element is configured to contact an inner surface of the porous carrier material when the piercing portion is at least partially received within the passage.
Claim 12: The aerosol-generating system according to claim 11,
wherein the piercing portion is configured to be at least partially received within the passage when the aerosol-generating system receives the cartridge, and
the second portion of the liquid transfer element is configured to contact an inner surface of the porous carrier material when the piercing portion is at least partially received within the passage.
Claim 12: The aerosol-generating system according to claim 9,
wherein the piercing portion is tapered and includes a first diameter at a first end of the piercing portion, the hollow shaft portion has a shaft diameter adjacent the first end of the piercing portion, and the shaft diameter of the hollow shaft portion is less than the first diameter of the piercing portion.
Claim 13: The aerosol-generating system according to claim 10,
wherein the piercing portion is tapered and includes a first diameter at a first end of the piercing portion, the hollow shaft portion has a shaft diameter adjacent the first end of the piercing portion, and the shaft diameter of the hollow shaft portion is less than the first diameter of the piercing portion.
Claim 13: The aerosol-generating system according to claim 12,
wherein a thickness of the second portion of the liquid transfer element is equal to or less than a difference between the first diameter of the piercing portion and the shaft diameter of the hollow shaft portion.
Claim 14: The aerosol-generating system according to claim 13,
wherein a thickness of the second portion of the liquid transfer element is equal to or less than a difference between the first diameter of the piercing portion and the shaft diameter of the hollow shaft portion.
Claim 15: The aerosol-generating system according to claim 1,
wherein the cartridge includes a removable seal overlying an upstream end of the porous carrier material.
Claim 15: The aerosol-generating system according to claim 1,
wherein the cartridge includes a removable seal overlying an upstream end of the porous carrier material.
Claim 16: The aerosol-generating system according to claim 1,
wherein the liquid transfer element includes an upstream portion in contact with the heater and a downstream portion configured to contact the porous carrier material.
Claim 16: The aerosol-generating system according to claim 1,
wherein the liquid transfer element includes an upstream portion in contact with the heater and a downstream portion configured to contact the porous carrier material when the aerosol-generating system receives the cartridge.
Claim 17: The aerosol-generating system according to claim 16,
wherein the upstream portion of the liquid transfer element is wrapped around the heater.
Claim 17: The aerosol-generating system according to claim 16,
wherein the upstream portion of the liquid transfer element is wrapped around the heater.
Claim 18: The aerosol-generating system according to claim 1,
wherein the heater includes a resistive heating mesh.
Claim 18: The aerosol-generating system according to claim 1,
wherein the heater includes a resistive heating mesh.
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.
Claim(s) 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al. (US 20080092912) in view of Hon (US 20150040929) and Chen (US 20150272218).
Regarding claim 1, Robinson discloses an aerosol-generating system 10 (fig. 1, i.e. a smoking article ) comprising:
a cartridge (85) including,
a cartridge housing (¶ 0086, 0089),
a solid aerosol-forming substrate (89) in the cartridge housing, and
a liquid storage housing in the cartridge housing, the liquid storage housing including a porous carrier material (101) (¶ 0086, 0098), the porous carrier material holding a liquid aerosol-forming substrate (¶ 0089, e.g. nicotine), the cartridge housing and the liquid storage housing defining an airflow passage (115) therebetween (¶ 0086); and
a heater section including a heater (72).
Robinson discloses all the limitations of the claimed invention as set forth above, except for the heater including a hollow shaft portion and a piercing portion at an end of the hollow shaft portion, the hollow shaft portion defining one or more airflow apertures in fluid communication with the airflow passage; and a liquid transfer element configured to contact the porous carrier material.
However, Hon teaches the heater (66) including a hollow shaft portion (90) and a piercing portion (64, i.e. piercing blades) at an end of the hollow shaft portion, the hollow shaft portion defining one or more airflow apertures (44) in fluid communication with the airflow passage (¶ 0016-0017, 0024, 0026-0027).
The combination of references are analogous art because they are from the same field of endeavor of aerosol generating device. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson and Hon before him or her, to include such a heater and a piercer of Hon because a cartridge tube containing a liquid with a seal sealing the liquid within the cartridge tube. The vaporizer unit may have a piercer and a heater, with the front side of the vaporizer unit moveable into engagement with the cartridge unit, causing the piercer to pierce the seal in preparation for use of the electronic cigarette. The suggestion/motivation for doing so would have been obvious because it allows the heater to engage with the cartridge tube.
Moreover, Chen teaches a liquid transfer element 164 (fig. 2, i.e. called a liquid absorption element) configured to contact the porous carrier material (163, i.e. called a storage medium) (¶ 0044-0046). The combination of references are analogous art because they are from the same field of endeavor of electronic atomizers. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson in view of Hon and Chen before him or her, to include such liquid transfer medium of Chen because the liquid enters the liquid absorption element via the liquid conduction channel, the airflow channel is communicated with the channel, the liquid absorption element defines an atomizing passage therethrough communicated with the channel, the heating element is received in the atomizing passage. The suggestion/motivation for doing so would have been obvious because it provides a greater contact area with the heating element, which results in a better atomizing effect (abstract).
With respect to claim 2, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Robinson further discloses wherein a downstream end of the airflow passage (115) is in fluidic communication with the solid aerosol-forming substrate (89).
With respect to claim 3, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Robinson further discloses an aerosol-generating device including a device housing (20) , wherein a power supply (36) is within the device housing (20), and the device housing (20) is configured to receive the cartridge (85).
With respect to claim 4, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Hon further discloses wherein the heater section (66) is separate from the cartridge (34).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson in view of Hon and Chen before him or her, to include such a heater arrangement of Hon because a cartridge tube containing a liquid with a seal sealing the liquid within the cartridge tube. The vaporizer unit may have a piercer and a heater, with the front side of the vaporizer unit moveable into engagement with the cartridge unit, causing the piercer to pierce the seal in preparation for use of the electronic cigarette. The suggestion/motivation for doing so would have been obvious because it allows the heater to engage with the cartridge tube.
With respect to claim 5, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Robinson further discloses wherein the heater (72) is an electric heater (¶ 0084, i.e. an electrical resistance heating element).
With respect to claim 6, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Chen further discloses wherein the liquid transfer element 164 (fig. 2, i.e. called a liquid absorption element) is in direct contact (see figure 2) with the porous carrier material (163, i.e. called a storage medium).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson in view of Hon and Chen before him or her, to include such liquid transfer medium arrangement of Chen because the liquid enters the liquid absorption element via the liquid conduction channel, the airflow channel is communicated with the channel, the liquid absorption element defines an atomizing passage therethrough communicated with the channel, the heating element is received in the atomizing passage. The suggestion/motivation for doing so would have been obvious because it provides a greater contact area with the heating element, which results in a better atomizing effect (abstract).
With respect to claim 7, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Hon further discloses wherein the cartridge (34) includes a frangible seal (38), and the piercing portion of the heater section (66) is configured to pierce the frangible seal (38) (¶ 0015, 0019).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson in view of Hon and Chen before him or her, to include such a seal arrangement of Hon because a cartridge tube containing a liquid with a seal sealing the liquid within the cartridge tube. The vaporizer unit may have a piercer and a heater, with the front side of the vaporizer unit moveable into engagement with the cartridge unit, causing the piercer to pierce the seal in preparation for use of the electronic cigarette. The suggestion/motivation for doing so would have been obvious because it allows the heater to engage with the cartridge tube.
With respect to claim 8, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Chen further discloses wherein a first portion of the liquid transfer element 164 (fig. 2, i.e. called a liquid absorption element) is positioned inside the hollow shaft portion, and the heater includes a resistive heating coil (166) at least partially wound around (see figure 2) the first portion of the liquid transfer element (164).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson in view of Hon and Chen before him or her, to include such liquid transfer medium arrangement of Chen because the liquid enters the liquid absorption element via the liquid conduction channel, the airflow channel is communicated with the channel, the liquid absorption element defines an atomizing passage therethrough communicated with the channel, the heating element is received in the atomizing passage. The suggestion/motivation for doing so would have been obvious because it provides a greater contact area with the heating element, which results in a better atomizing effect (abstract).
With respect to claim 9, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Chen further discloses wherein the liquid transfer element 164 (fig. 2, i.e. called a liquid absorption element) extends through an aperture in the hollow shaft portion (361), and a second portion of the liquid transfer element 164 (fig. 2, i.e. called a liquid absorption element) overlies an outer surface of the hollow shaft portion (¶ 0050).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson in view of Hon and Chen before him or her, to include such liquid transfer medium arrangement of Chen because the liquid enters the liquid absorption element via the liquid conduction channel, the airflow channel is communicated with the channel, the liquid absorption element defines an atomizing passage therethrough communicated with the channel, the heating element is received in the atomizing passage. The suggestion/motivation for doing so would have been obvious because it provides a greater contact area with the heating element, which results in a better atomizing effect (abstract).
With respect to claim 10, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Robinson further discloses wherein the porous carrier material (101) has an annular shape defining a passage (115) through the porous carrier material (101) (¶ 0086, 0093, 0098).
With respect to claim 11, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Hon further discloses wherein the piercing portion (64, i.e. piercing blades) is configured to be at least partially received within the passage (44), and the second portion of the liquid transfer element is configured to contact an inner surface of the porous carrier material when the piercing portion (64, i.e. piercing blades) is at least partially received within the passage (44) (¶ 0016-0017, 0024).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson and Hon before him or her, to include such a piercer arrangement of Hon because a cartridge tube containing a liquid with a seal sealing the liquid within the cartridge tube. The vaporizer unit may have a piercer and a heater, with the front side of the vaporizer unit moveable into engagement with the cartridge unit, causing the piercer to pierce the seal in preparation for use of the electronic cigarette. The suggestion/motivation for doing so would have been obvious because it allows the heater to engage with the cartridge tube.
With respect to claim 12, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Hon further discloses wherein the piercing portion (64, i.e. piercing blades) is tapered and includes a first diameter at a first end of the piercing portion (64, i.e. piercing blades), the hollow shaft portion has a shaft diameter adjacent the first end of the piercing portion, and the shaft diameter of the hollow shaft portion is less than the first diameter of the piercing portion (64, i.e. piercing blades) (see figure 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson and Hon before him or her, to include such a piercer shaped dimensions of Hon because a cartridge tube containing a liquid with a seal sealing the liquid within the cartridge tube. The vaporizer unit may have a piercer and a heater, with the front side of the vaporizer unit moveable into engagement with the cartridge unit, causing the piercer to pierce the seal in preparation for use of the electronic cigarette. The suggestion/motivation for doing so would have been obvious because it allows the heater to engage with the cartridge tube.
With respect to claim 13, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Chen further discloses wherein a thickness of the second portion of the liquid transfer element 164 (fig. 2, i.e. called a liquid absorption element) is equal to or less than a difference between the first diameter of the piercing portion and the shaft diameter of the hollow shaft portion (¶ 0045-0046).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson in view of Hon and Chen before him or her, to include such liquid transfer medium dimensions of Chen because the liquid enters the liquid absorption element via the liquid conduction channel, the airflow channel is communicated with the channel, the liquid absorption element defines an atomizing passage therethrough communicated with the channel, the heating element is received in the atomizing passage. The suggestion/motivation for doing so would have been obvious because it provides a greater contact area with the heating element, which results in a better atomizing effect (abstract).
With respect to claim 14, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Hon further discloses wherein the heater section (66) includes a securing ring (96, 98, 102) positioned around the hollow shaft portion, and at least part of the second portion of the liquid transfer element is between the securing ring ((96, 98, 102) and the hollow shaft portion (¶ 0019-0022).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson and Hon before him or her, to include such ring(s) of Hon because a cartridge tube containing a liquid with a seal sealing the liquid within the cartridge tube. The vaporizer unit may have a piercer and a heater, with the front side of the vaporizer unit moveable into engagement with the cartridge unit, causing the piercer to pierce the seal in preparation for use of the electronic cigarette. The suggestion/motivation for doing so would have been obvious because it allows the heater to engage with the cartridge tube.
With respect to claim 15, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Hon further discloses wherein the cartridge (34) includes a removable seal (38) overlying an upstream end of the porous carrier material (¶ 0015, 0019-0022, 0027).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson in view of Hon and Chen before him or her, to include such a removable seal of Hon because a cartridge tube containing a liquid with a seal sealing the liquid within the cartridge tube. The vaporizer unit may have a piercer and a heater, with the front side of the vaporizer unit moveable into engagement with the cartridge unit, causing the piercer to pierce the seal in preparation for use of the electronic cigarette. The suggestion/motivation for doing so would have been obvious because it allows the heater to engage with the cartridge tube.
With respect to claims 16-17, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Chen further discloses wherein the liquid transfer element 164 (fig. 2, i.e. called a liquid absorption element) includes an upstream portion in contact with the heater (166) and a downstream portion configured to contact the porous carrier material; and wherein the upstream portion of the liquid transfer element (164) is wrapped around the heater (166) (¶ 0046--0048).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Robinson in view of Hon and Chen before him or her, to include such liquid transfer medium arrangement of Chen because the liquid enters the liquid absorption element via the liquid conduction channel, the airflow channel is communicated with the channel, the liquid absorption element defines an atomizing passage therethrough communicated with the channel, the heating element is received in the atomizing passage. The suggestion/motivation for doing so would have been obvious because it provides a greater contact area with the heating element, which results in a better atomizing effect (abstract).
With respect to claim 18, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Robinson further discloses wherein the heater (72) includes a resistive heating mesh (¶ 0098).
With respect to claim 19, Robinson in view of Hon and Chen discloses the limitations of the claimed invention as set forth above of which Robinson further discloses a power supply (36) configured to supply electrical power to the heater (72) (¶ 0082).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Qiu (CN 201878765).
Conclusion
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/KET D DANG/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761