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 1-13 are pending and are subject to this Office Action. This is the first Office Action on the merits of 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.
Claim(s) 1-7, 9, and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atkins (US20190373953A1), and further in view of Memari (US20160150824A1).
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In regards to Claim 1, Atkins, directed towards a vaporizer device, discloses:
A reservoir chamber 1906 as a liquid storage cavity, with vaporizable material drawn into a porous substrate 1908 through the first surface 1908a towards the second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
A surface heater 1912 [0210, Fig. 21]
An air inlet surface and an air outlet surface (Shown in Annotated Fig. 21)
Atkins does not appear to explicitly disclose a vent part having a hydrophobic ventilation characteristic.
However, Memari, directed towards an e-cigarette vaporizer, discloses air pressure equalization using an air vent that allows air to enter a reservoir as fluid leaves it. The vent could be an air-porous material coated with a hydrophobic material [0914]
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the vent part of Atkins to have the hydrophobic coating of Memari for the purposes of allowing the substrate to be air-porous but not e-liquid porous and assist in prevent liquid from leaking out, and this merely involves the application of a known material in the art to a similar air vent structure in order to yield predictable results.
In regards to Claim 2, Atkins discloses:
a first surface and a second surface opposite the first surface (Annotated Fig. 21).
the liquid absorbing surface and the air outlet surface are both located on the first surface (Annotated Fig. 21).
the air inlet surface and the vaporization surface are located on the second surface (Annotated Fig. 21).
In regards to Claim 3, Atkins discloses the vent part to extend therethrough the porous substrate from the air inlet surface to the air outlet surface [0210, Annotated Fig. 21].
In regards to Claim 4, Atkins discloses:
A porous substrate 1908 with a first surface 1908a and second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
A plurality of side surfaces (Annotated Fig. 21).
The air inlet surface located on a side surface (Annotated Fig. 21).
In regards to Claim 5, Atkins discloses:
a porous substrate 1908 through the first surface 1908a towards the second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
A plurality of side surfaces (Annotated Fig. 21).
The air outlet surface located on a side surface (Annotated Fig. 21).
In regards to Claim 6, Atkins discloses
a porous substrate 1908 through the first surface 1908a towards the second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
The air inlet surface located on a side surface (Annotated Fig. 21).
The air outlet surface located on a side surface (Annotated Fig. 21).
In regards to Claim 7, Atkins discloses:
a porous substrate 1908 through the first surface 1908a towards the second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
A plurality of side surfaces (Annotated Fig. 21).
The air inlet surface located on a side surface (Annotated Fig. 21).
The air outlet surface located on a side surface (Annotated Fig. 21).
In regards to Claim 9, Atkins discloses:
a porous substrate 1908 through the first surface 1908a towards the second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
The air inlet surface located on a side surface (Annotated Fig. 21).
The air outlet surface located on a side surface (Annotated Fig. 21).
A plurality of side surfaces (Annotated Fig. 21).
The side surfaces of Annotated Fig. 21 are considered to be two opposite sides respectively connected by their vertices to connect the first and second surface.
In regards to Claim 11, Atkins does not appear to explicitly disclose an integrally formed component of the porous substrate.
However, the use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art. See MPEP § 2144.04 II A.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art for the porous substrate of Atkins to be configured to be integrally formed.
In regards to Claim 12, Atkins discloses:
A reservoir chamber 1906 as a liquid storage cavity, with vaporizable material drawn into a porous substrate 1908 through the first surface 1908a towards the second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
A surface heater 1912 on the second surface 1908b [0210, Fig. 21]
The air outlet surface in communication with the reservoir chamber 1906 (Shown in Annotated Fig. 21)
In regards to Claim 13, Atkins discloses:
A cartridge 100 comprising the reservoir chamber 1906 connect to a battery as a power supply to electrically and mechanically connect with the cartridge [0097, 101]
A reservoir chamber 1906 as a liquid storage cavity, with vaporizable material drawn into a porous substrate 1908 through the first surface 1908a towards the second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
A surface heater 1912 on the second surface 1908b [0210, Fig. 21]
The air outlet surface in communication with the reservoir chamber 1906 (Shown in Annotated Fig. 21)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atkins (US20190373953A1) and Memari (US20160150824A1), as applied to Claims 1-2, and further in view of Strubel (US20160150824A1).
In regards to Claim 8, Atkins discloses:
A reservoir chamber 1906 as a liquid storage cavity, with vaporizable material drawn into a porous substrate 1908 through the first surface 1908a towards the second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
A plurality of side surfaces (Annotated Fig. 21).
Atkins does not appear to explicitly disclose a vent part arranged in an annular shape around the outer surface of the liquid guide part or a plurality of vent parts circumferentially spaced along the side surface of the porous substrate.
However, Strubel, directed towards a smoking article, discloses a porous substrate including an aerosol generating with an annular air flow passage so that air flowing from the air flow passage can flow through the porous substrate (Abstract).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the vent 1910 of Atkins to be annular in shape and arranged to be around the porous substrate in order to allow for air flow through the porous substrate 1908, and this merely involves the substitution of a known structure in the art to yield predictable results. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atkins (US20190373953A1) and Memari (US20160150824A1), as applied to Claim 1, further in view of Depiano (US 20140270730 A1) and Force (US 20170280778 A1).
In regards to Claim 10, Atkins discloses:
A reservoir chamber 1906 as a liquid storage cavity, with vaporizable material drawn into a porous substrate 1908 through the first surface 1908a towards the second surface 1908b for vaporization as a liquid guide part that has a liquid absorbing surface configured to absorb a liquid substrate and a vaporization surface on which a heating element is disposed [0212, Annotated Fig. 21]
The porous substrate 1908 having at least one vent 1910 extending therethrough as a vent part [0210, Annotated Fig. 21]
A surface heater 1912 on the second surface 1908b [0210, Fig. 21]
Atkins does not appear to explicitly disclose:
A groove provided on the porous substrate
The porous substrate 1908 having a protrusion of an integrated structure
However, Depiano, directed towards an aerosol deliver device, discloses a reservoir substrate defining a plrurality at the cavity between the first reservoir and second reservoir end configured to receive the liquid transport element for transporting aerosol generating liquid to the atomizer [0009-0011].
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to incorporate the substrate grooves of Depiano to the porous substrate 1908 of Atkins to improve fluid communication between the reservoir chamber 1906 and heating surface element 1912, and this merely involves the substitution of a known structure in the art to yield predictable results.
In regards to the porous substrate having a protrusion of an integrated structure, Force discloses a protruding portion of a liquid transfer element 218 which carries liquid aerosol generating-substrate 360 to the portion in contact with the heating element 220. Further, heating element 220 heats the substrate carried by the liquid transfer element 210 to generate an aerosol which may be carried by air through passages 215,315 [0086].
Therefore, before the effective filing date, it would have been obvious to one of ordinary skill in the art to modify the porous substrate 1908 of Atkins to incorporate the protruding portion of Force in order to improve fluid and air communication of the device, and this merely involves the substitution of a known structure in the art to yield predictable results.
Further, it would have been obvious for modified Atkins to have the protruding structure to have been integrally formed onto the main body of the porous substrate 1908. The use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art. See MPEP § 2144.04 II A.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Timothey Tuan-Kha Tran whose telephone number is (571)272-3717. The examiner can normally be reached Monday-Friday 8:30-5:00 ET.
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/TIMOTHEY TUAN-KHA TRAN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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