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 1-20 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Objections
Claims 10 and 14 are objected to because of the following informalities:
In Claim 10, ln 1-2, “wherein the concentrate preheating chamber is in proximal to the frit filter” should read “wherein the concentrate preheating chamber is
In Claim 14, ln 4, “the atomizer (100)” should read “the atomizer (102)”.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 10, and 13 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Malgat (US 2016/0353802 A1).
Regarding Claim 1, Malgat, directed to aerosol generating devices ([0001], [0074]), teaches an atomizer ([0074]-[0080], Figs. 1A-1D; Aerosol generating device 10 and cartridge 20 form an aerosol generating system. Aerosol generating device 10 comprises a mouthpiece portion 12, and a cavity 18 which receives cartridge 20. [0084]-[0086], Fig. 2; Cartridge 20 comprises a heater element 46 configured to heat (atomize) a liquid aerosol-generating substrate. [0082], The cartridge 20 may comprise mouthpiece portion 12. Therefore, cartridge 20 and mouthpiece portion 12 form an atomizer) comprising:
a concentrate reservoir volume configured for holding concentrate ([0084], Fig. 2; Cartridge 20 comprises a housing 24 with a two-part liquid storage portion. The first part 32 of the liquid storage portion comprises a first capillary material 36 and a second capillary material 38. The second part 34 of the liquid storage portion is an empty tank that can be filled or partly filled with liquid aerosol-generating substrate (concentrate). Second part 34 forms a concentrate reservoir volume configured for holding concentrate);
a concentrate vaporization assembly ([0084]-[0086], Fig. 2; Cartridge 20 comprises first capillary material 36, second capillary material 38, and heater element 46. Liquid aerosol generating material is drawn up from the second part 34 of the liquid storage portion via capillary action from first capillary material 36 and second capillary material 38. At heater element 46, the liquid aerosol generating substrate is vaporized to form an aerosol. Therefore, heater element 46 and first capillary material 36 which form a concentrate vaporization assembly) comprising:
a frit filter designed to absorb the concentrate from the concentrate reservoir volume ([0084]-[0086], Fig. 2; Cartridge 20 comprises first capillary material 36 (frit filter) configured to absorb liquid aerosol-generating substrate (concentrate) from second part 34 of the liquid storage portion (concentrate reservoir volume). [0024]-[0025], First capillary material 36 may be formed from glass, fiberglass, or ceramic. The specification defines a frit as a material including open-pore interstices that allow free passage of fluid through the frit; see instant specification, [0008]. Further, frits are filters; see instant specification, [0009]. As first capillary material 36 has capillary channels to allow liquid aerosol generating substrate to flow upward, it is reasonably understood that first capillary material 36 is a frit); and
a heating element located proximal to the frit filter to heat the frit filter and the absorbed concentrate ([0084]-[0086], Fig. 2; Cartridge 20 comprises heater element 46 located proximal to first capillary material 36 (frit filter) to heat the first capillary material 36 and the absorbed liquid aerosol-generating substrate (concentrate));
a vapor collection and discharge assembly comprising: a vapor accumulation chamber in fluid communication with the frit filter ([0074]-[0080], Figs. 1A-1D; Mouthpiece portion 12 defines a vapor collection and discharge assembly. Mouthpiece portion 12 comprises a plurality of air inlets 13 and an outlet 15, wherein in use, a user sucks or puffs on the outlet 15 to draw air from the air inlets 13, past the baffles 17, past the top of the cartridge 20, through the mouthpiece portion to the outlet 15, and thereafter into the mouth or lungs of the user. [0011]-[0014], [0084]-[0086], Fig. 2; As heater element 46 may be a planar mesh, vapor generated at the first capillary material 36 (frit filter) by heater element 46 may flow through the interstices of the planar mesh heater element 46. Above heater element 46, vapor may combine with the air to be inhaled from the outlet 15. The vapor accumulation chamber is defined immediately above heater element 46 and immediately below the baffles 17, wherein vapor may accumulate in the chamber. As heater element 46 is a planar mesh, it is reasonably understood that the vapor accumulation chamber is in fluid communication with the first capillary material 36 (frit filter) located below the heater element 46); and
a vapor evacuation channel connecting the vapor accumulation chamber to an egress port ([0074]-[0080], Figs. 1A-1D; Baffles 17 internally define a vapor evacuation channel connecting the vapor accumulation chamber to outlet 15 (an egress port)); and
a supply port providing direct fluid communication between the frit filter and the concentrate reservoir volume ([0084]-[0086], Fig. 2; Second capillary material 38 comprises a plurality of capillary channels (supply ports) providing direct fluid communication between the first capillary material 36 (frit filter) and second part 34 of the liquid storage portion (concentrate reservoir volume)),
facilitating the free flow of the concentrate into a concentrate preheating chamber formed by the frit filter on its lower face and the heating element on its upper face ([0084]-[0086], Fig. 2; Opening 44 is a concentrate preheating chamber formed by the first capillary material 36 (frit filter) on its lower face and the heater element 46 on its upper face. Liquid aerosol generating substrate (concentrate) may flow through the supply ports of second capillary material 38 to opening 44 (concentrate preheating chamber)).
Regarding Claim 2, Malgat teaches the atomizer of claim 1, wherein the heating element is an ohmic resistive heating element ([0050], [0088], Fig. 2; It is reasonably understood that a resistive heater element 46 is an ohmic resistive heating element).
Regarding Claim 3, Malgat teaches the atomizer of claim 1, wherein the frit filter is made of a porous ceramic material ([0024]-[0025], Fig. 2; First capillary material 36 may be a porous ceramic disc).
Regarding Claim 10, Malgat teaches the atomizer of claim 1, wherein the concentrate preheating chamber is in proximal to the frit filter for receiving the concentrate from the concentrate reservoir volume ([0084]-[0086], Fig. 2; Opening 44 (concentrate preheating chamber) is proximal to first capillary material 36 (frit filter) for receiving the concentrate from second part 34 of the liquid storage portion (concentrate reservoir volume)).
Regarding Claim 13, Malgat teaches the atomizer of claim 1, wherein the heating element is potted and freely exposed or embedded within the concentrate preheating chamber such that heat output from the heating element is transferred to the frit filter ([0084]-[0086], Fig. 2; Heater element 46 is potted and freely exposed within opening 44 (concentrate preheating chamber) such that heat output from the heater element 46 is transferred to the first capillary material 36 (frit filter)).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0353802 A1) as applied to Claim 1, and further in view of Woodbine (US 2018/0177231 A1).
Regarding Claim 4, Malgat teaches the atomizer further comprising a control module ([0076], Fig. 1; Control electronics 16),
but does not teach the atomizer wherein the control module is configured to regulate the temperature of the heating element based on user preferences.
Woodbine, directed to aerosol generating devices ([0001]-[0003], The vaporizing device forms an aerosol), teaches a vaporizer ([0017], Figs. 2-5; Vaporizing device 200) comprising
a heating element ([0030], Figs. 2-5; Vaporizing device 200 comprises a heating element 258); and
a control module ([0021], Figs. 2-5; Vaporizing device 200 includes a control unit 220),
wherein the control module is configured to regulate the temperature of the heating element based on user preferences ([0030], Figs. 2-5; Heating element 258 may be connected to the power source 226 via the control unit 220, such that the electrical energy supplied to the heating element 258 from the power source 226 is controlled by the control unit 220; which in turn enables the control unit 220 to regulate the heat energy generated by the heating element 258 as per a temperature setting of the vaporizing device 200. [0039]-[0040], The user may select the temperature setting).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer of Malgat wherein the control module is configured to regulate the temperature of the heating element based on user preferences as taught by Woodbine because Malgat and Woodbine are directed to aerosol generating devices, Woodbine demonstrates that different temperature settings allow the user to tailor their smoking experience to their preferences (Woodbine, [0039]-[0040]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0353802 A1) as applied to Claim 1, and further in view of Buchberger (US 2011/0226236 A1).
Regarding Claim 5, Malgat does not teach the atomizer wherein the frit filter is sintered glass, and wherein the frit filter is sintered quartz glass.
Buchberger, directed to aerosol generating devices ([0001]), teaches a wicking element ([0116], Fig. 9; planar composite 22 has a flat shape in the form of a film or strip and consists of a heating element and a wick. The capillary structure of the wick is suitable for absorbing liquid material 16),
wherein the wicking element is sintered quartz glass ([0053], [0125], [0133]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the frit filter formed from sintered quartz glass as taught by Buchberger because Malgat and Buchberger are directed to aerosol generating devices, Malgat demonstrates that the frit filter is a wicking element which conveys a liquid via capillary action (Malgat, [0084]-[0086]), Buchberger demonstrates that sintered quartz glass is a suitable material for a wicking element (Buchberger, [0053], [0125], [0133]), quartz glass is distinguished by high chemical resistance and thermal shock resistance (Buchberger, [0133]), and this involves substituting one material for another to yield predictable results.
Claims 7-8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0353802 A1) as applied to Claim 1, and further in view of Wu (US 2017/0127723 A1).
Regarding Claims 7-8, Malgat does not teach the atomizer wherein the heating element is embedded within the frit filter, wherein the frit filter is in a shape of a hollow cylinder.
Wu, directed to aerosol generating devices ([0002]-[0004], The electronic cigarette heats a liquid to generate an aerosol), teaches an atomizer ([0021]-[0023], Figs. 1-2; The cigarette cartridge comprises an atomizing heating piece 8, and therefore the cigarette cartridge is an atomizer) comprising
a heating element ([0021]-[0023], Figs. 1-2; The cigarette cartridge comprises an atomizing heating piece 8); and
a wicking element ([0022], Figs. 1-2; The cigarette cartridge comprises a ceramic liquid guiding wick 7),
wherein the heating element is embedded within the wicking element ([0022], Figs. 1-2; Atomizing heating piece 8 may be a spiral heating wire embedded in the ceramic liquid guiding wick 7),
wherein the wicking element is in a shape of a hollow cylinder ([0022], Figs. 1-2; Ceramic liquid guiding wick 7 is in the shape of a hollow cylinder).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer wherein the heating element is embedded within the frit filter as taught by Wu because Malgat and Wu are directed to aerosol generating devices, Malgat demonstrates that the frit filter is a wicking element which conveys a liquid via capillary action (Malgat, [0084]-[0086]), Wu demonstrates that embedding the heating element within a wicking element increases a contact area of the heating element with a concentrate and to improve heating efficiency thereof (Wu, [0022]), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer wherein the frit filter is in a shape of a hollow cylinder as taught by Wu because Malgat demonstrates that the frit filter is a wicking element (Malgat, [0084]-[0086]), and changing the cross section of the frit filter from cylindrical to hollow cylindrical constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Regarding Claim 11, Malgat teaches the atomizer wherein the heating element is positioned proximally and coaxially with the frit filter ([0084]-[0086], Fig. 2; Cartridge 20 comprises heater element 46 located proximal to first capillary material 36 (frit filter). Heater element 46 and first capillary material 36 are positioned coaxially along the longitudinal axis of the cartridge 20), but does not teach the atomizer wherein the heating element is helical in shape.
Wu, directed to aerosol generating devices ([0002]-[0004], The electronic cigarette heats a liquid to generate an aerosol), teaches an atomizer ([0021]-[0023], Figs. 1-2; The cigarette cartridge comprises an atomizing heating piece 8, and therefore the cigarette cartridge is an atomizer) comprising
a heating element ([0021]-[0023], Figs. 1-2; The cigarette cartridge comprises an atomizing heating piece 8); and
a wicking element ([0022], Figs. 1-2; The cigarette cartridge comprises a ceramic liquid guiding wick 7),
wherein the heating element is helical in shape and positioned proximally and coaxially with the wicking element ([0022], Figs. 1-2; Atomizing heating piece 8 may be a spiral heating wire embedded in the ceramic liquid guiding wick 7. The heating piece 8 forms a helix positioned proximally and coaxially with the wicking element).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer wherein the heating element is helical in shape as taught by Wu because Malgat and Wu are directed to aerosol generating devices, and changing the cross section of the heating element to a helical shape constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Further, as Wu demonstrates that the heating element forms a helix around the longitudinal axis, one of ordinary skill in the art would have been motivated to provide the helical heating element positional coaxially with the frit filter because Malgat demonstrates that the heating element and frit filter are positioned coaxially along the longitudinal axis ([0084]-[0086], Fig. 2; Cartridge 20 comprises heater element 46 located proximal to first capillary material 36 (frit filter). Heater element 46 and first capillary material 36 are positioned coaxially along the longitudinal axis of the cartridge 20).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0353802 A1).
Regarding Claim 9, Malgat teaches the atomizer of claim 8, wherein the frit filter has a minimum feature radius of 1mm ([0030], [0084]-[0086], Fig. 2; First capillary material 36 (frit filter) separates heater element 46 from second capillary material 38 by a distance of 0.8 to 2mm. As shown in Fig. 2, diameter of first capillary material 36 is at least twice the distance between heater element 46 and second capillary material 38. Therefore, the first capillary material 36 (frit filter) must have a minimum feature radius of 1mm).
The range for the minimum feature radius disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0353802 A1) as applied to Claim 1, and further in view of Sur (US 2017/0202266 A1)
Regarding Claim 12, Malgat does not teach the atomizer wherein the heating element is configured as a coil, captured by a glass plate.
Sur, directed to aerosol generating devices ([0002]), teaches an aerosol generating device ([0059], Figs. 1-2; Aerosol delivery device 100) comprising
a heating element configured as a coil, captured by a glass plate ([0059], Figs. 1-2; Aerosol delivery device 100 may include a cartridge 102 and a control body 104. [0066]-[0070], Fig. 5; Control body comprises an induction transmitter 302 comprising a coil 404 (heating element). The coil 404 is captured on its upper surface by support member 320 and is captured radially by insulator 502, which may both be a glass materials).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer wherein the heating element is configured as a coil as taught by Sur because Malgat and Sur are directed to aerosol generating devices, and changing the cross section of the heating element to a coil shape constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the heating element captured by a glass plate as taught by Sur because Malgat and Sur are directed to aerosol generating devices, Sur demonstrates that the glass plate behaves an insulator because it is not conductive (Sur, [0069]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 14, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0353802 A1) in view of Voerman (US 2019/0281894 A1).
Regarding Claim 14, Malgat teaches a vaporizer ([0074]-[0080], Figs. 1A-1D; Aerosol generating device 10 and cartridge 20 form an aerosol generating system. [0084]-[0086], Fig. 2; Cartridge 20 comprises a heater element 46 configured to vaporize a liquid aerosol-generating substrate. Therefore, the aerosol generating system shown in Figs. 1A-1D form a vaporizer) comprising:
an atomizer ([0074]-[0080], Figs. 1A-1D; Aerosol generating device 10 and cartridge 20 form an aerosol generating system. Aerosol generating device 10 comprises a mouthpiece portion 12, and a cavity 18 which receives cartridge 20. [0084]-[0086], Fig. 2; Cartridge 20 comprises a heater element 46 configured to heat (atomize) a liquid aerosol-generating substrate. [0082], The cartridge 20 may comprise mouthpiece portion 12. Therefore, cartridge 20 and mouthpiece portion 12 form an atomizer);
a battery adapted to supply electrical current to the atomizer ([0074]-[0080], Figs. 1A-1D; Aerosol generating device 10 comprises a battery 14 configured to supply electrical current to cartridge 20 (atomizer));
wherein, the atomizer comprising: a concentrate reservoir volume configured for holding concentrate ([0084], Fig. 2; Cartridge 20 comprises a housing 24 with a two-part liquid storage portion. The first part 32 of the liquid storage portion comprises a first capillary material 36 and a second capillary material 38. The second part 34 of the liquid storage portion is an empty tank that can be filled or partly filled with liquid aerosol-generating substrate (concentrate). Second part 34 forms a concentrate reservoir volume configured for holding concentrate),
wherein the concentrate reservoir volume is in fluid communication with a concentrate vaporization assembly ([0084]-[0086], Fig. 2; Cartridge 20 comprises first capillary material 36, second capillary material 38, and heater element 46. Liquid aerosol generating material is drawn up from the second part 34 of the liquid storage portion (concentrate reservoir volume) via capillary action from first capillary material 36 and second capillary material 38. At heater element 46, the liquid aerosol generating substrate is vaporized to form an aerosol. Therefore, heater element 46 and first capillary material 36 which form a concentrate vaporization assembly),
the concentrate vaporization assembly comprising: a frit filter adapted to absorb concentrate from the concentrate reservoir volume ([0084]-[0086], Fig. 2; Cartridge 20 comprises first capillary material 36 (frit filter) configured to absorb liquid aerosol-generating substrate (concentrate) from second part 34 of the liquid storage portion (concentrate reservoir volume). [0024]-[0025], First capillary material 36 may be formed from glass, fiberglass, or ceramic. The specification defines a frit as a material including open-pore interstices that allow free passage of fluid through the frit; see instant specification, [0008]. Further, frits are filters; see instant specification, [0009]. As first capillary material 36 has capillary channels to allow liquid aerosol generating substrate to flow upward, it is reasonably understood that first capillary material 36 is a frit), and
a heating element proximal to the frit filter, and adapted to heat the frit filter and absorbed concentrate ([0084]-[0086], Fig. 2; Cartridge 20 comprises heater element 46 located proximal to first capillary material 36 (frit filter) to heat the first capillary material 36 and the absorbed liquid aerosol-generating substrate (concentrate)); and
a vapor collection and discharge assembly comprising: a vapor accumulation chamber in fluid communication with the frit filter ([0074]-[0080], Figs. 1A-1D; Mouthpiece portion 12 defines a vapor collection and discharge assembly. Mouthpiece portion 12 comprises a plurality of air inlets 13 and an outlet 15, wherein in use, a user sucks or puffs on the outlet 15 to draw air from the air inlets 13, past the baffles 17, past the top of the cartridge 20, through the mouthpiece portion to the outlet 15, and thereafter into the mouth or lungs of the user. [0011]-[0014], [0084]-[0086], Fig. 2; As heater element 46 may be a planar mesh, vapor generated at the first capillary material 36 (frit filter) by heater element 46 may flow through the interstices of the planar mesh heater element 46. Above heater element 46, vapor may combine with the air to be inhaled from the outlet 15. The vapor accumulation chamber is defined immediately above heater element 46 and immediately below the baffles 17, wherein vapor may accumulate in the chamber. As heater element 46 is a planar mesh, it is reasonably understood that the vapor accumulation chamber is in fluid communication with the first capillary material 36 (frit filter) located below the heater element 46), and
a vapor evacuation channel in fluid communication with the vapor accumulation chamber and in fluid communication with an egress port ([0074]-[0080], Figs. 1A-1D; Baffles 17 internally define a vapor evacuation channel connecting the vapor accumulation chamber to outlet 15 (an egress port)),
wherein the heating element is activated by a user control of a switch on the battery, which causes the concentrate contained within the frit filter to vaporize ([0074]-[0086], Figs. 1A-1D; When heater element 46 is activated, the liquid aerosol generating substrate (concentrate) contained within the first capillary material 36 (frit filter) vaporizes),
and the user inhales resulting vapor by inhaling at the egress port of the vapor evacuation channel ([0074]-[0080], Figs. 1A-1D; The user inhales resulting vapor by inhaling at outlet 15 (an egress port) of the vapor evacuation channel (internal space of baffles 17)), and
a supply port, wherein the supply port is in direct fluid communication with the frit filter positioned to allow free flow of the concentrate from the concentrate reservoir volume into a concentrate preheating chamber, and wherein the concentrate preheating chamber is a cylindrical reservoir volume formed by the frit filter on its lower face and the heating element at its upper face ([0074]-[0086], Fig. 2; Second capillary material 38 comprises a plurality of capillary channels (supply ports) providing direct fluid communication between the first capillary material 36 (frit filter) and second part 34 of the liquid storage portion (concentrate reservoir volume). Opening 44 is a cylindrical concentrate preheating chamber formed by the first capillary material 36 (frit filter) on its lower face and the heater element 46 on its upper face. Liquid aerosol generating substrate (concentrate) may flow through the supply ports of second capillary material 38 to opening 44 (concentrate preheating chamber)),
but does not teach the vaporizer, wherein the heating element is activated by a user control of a switch on the battery.
Voerman, directed to aerosol generating devices ([0001]-[0003]), teaches a vaporizer ([0045]-[0047], Figs. 1, 2a, 3a; Electronic cigarette 100 comprises a cartomizer part 102 and a battery holding part 104. Cartomizer part 102 comprises a heating element 120 configured to vaporize a liquid to generate a vapor. Electronic cigarette 100 is a vaporizer) comprising
a heating element ([0045]-[0047], Figs. 1, 2a, 3a; Electronic cigarette 100 comprises a cartomizer part 102 and a battery holding part 104. Cartomizer part 102 comprises a heating element 120); and
a battery ([0045]-[0049], Figs. 1, 2a, 3a; Electronic cigarette 100 comprises a cartomizer part 102 and a battery holding part 104. The battery holding part 104 comprises a battery 122),
wherein the heating element is activated by a user control of a switch on the battery ([0048], Fig. 2a; Battery 122 includes an electric switch 124. Electric switch 124 is operable to electrically connect the battery 122 to the ceramic heating element 120. The electric switch 124 can be manually operated by a button 128. The user presses the button 128 to activate the switch 124 on the battery 122).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the vaporizer of Malgat wherein heating element is activated by a user control of a switch on the battery as taught by Voerman because Malgat and Voerman are directed to aerosol generating devices, Voerman demonstrates that the switch on the battery allows a user to manually control the operation of the heating element (Voerman, [0020], [0045]-[0048]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 18, Malgat in view of Voerman teaches the vaporizer of claim 14. Malgat further teaches the vaporizer wherein the concentrate preheating chamber is located proximal to the frit filter to receive the concentrate from the concentrate reservoir volume ([0084]-[0086], Fig. 2; Opening 44 (concentrate preheating chamber) is proximal to first capillary material 36 (frit filter) for receiving the concentrate from second part 34 of the liquid storage portion (concentrate reservoir volume)).
Regarding Claim 19, Malgat in view of Voerman teaches the vaporizer of claim 14. Malgat further teaches the vaporizer wherein the heating element is potted and freely exposed or embedded within the concentrate preheating chamber to transfer heat to the frit filter ([0084]-[0086], Fig. 2; Heater element 46 is potted and freely exposed within opening 44 (concentrate preheating chamber) such that heat output from the heater element 46 is transferred to the first capillary material 36 (frit filter)).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0353802 A1) in view of Voerman (US 2019/0281894 A1) as applied to Claim 14, and further in view of Buchberger (US 2011/0226236 A1).
Regarding Claim 15, Malgat in view of Voerman does not teach the vaporizer wherein the frit filter is made of sintered glass or sintered quartz glass.
Buchberger, directed to aerosol generating devices ([0001]), teaches a wicking element ([0116], Fig. 9; planar composite 22 has a flat shape in the form of a film or strip and consists of a heating element and a wick. The capillary structure of the wick is suitable for absorbing liquid material 16),
wherein the wicking element is sintered quartz glass ([0053], [0125], [0133]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the frit filter formed from sintered quartz glass as taught by Buchberger because Malgat and Buchberger are directed to aerosol generating devices, Malgat demonstrates that the frit filter is a wicking element which conveys a liquid via capillary action (Malgat, [0084]-[0086]), Buchberger demonstrates that sintered quartz glass is a suitable material for a wicking element (Buchberger, [0053], [0125], [0133]), quartz glass is distinguished by high chemical resistance and thermal shock resistance (Buchberger, [0133]), and this involves substituting one material for another to yield predictable results.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0353802 A1) in view of Voerman (US 2019/0281894 A1) as applied to Claim 14, and further in view of Wu (US 2017/0127723 A1).
Regarding Claim 16, Malgat in view of Voerman does not teach the vaporizer wherein the heating element is embedded within the frit filter.
Wu, directed to aerosol generating devices ([0002]-[0004], The electronic cigarette heats a liquid to generate an aerosol), teaches an atomizer ([0021]-[0023], Figs. 1-2; The cigarette cartridge comprises an atomizing heating piece 8, and therefore the cigarette cartridge is an atomizer) comprising
a heating element ([0021]-[0023], Figs. 1-2; The cigarette cartridge comprises an atomizing heating piece 8); and
a wicking element ([0022], Figs. 1-2; The cigarette cartridge comprises a ceramic liquid guiding wick 7),
wherein the heating element is embedded within the wicking element ([0022], Figs. 1-2; Atomizing heating piece 8 may be a spiral heating wire embedded in the ceramic liquid guiding wick 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer wherein the heating element is embedded within the frit filter as taught by Wu because Malgat and Wu are directed to aerosol generating devices, Malgat demonstrates that the frit filter is a wicking element which conveys a liquid via capillary action (Malgat, [0084]-[0086]), Wu demonstrates that embedding the heating element within a wicking element increaseS a contact area of the heating element with a concentrate and to improve heating efficiency thereof (Wu, [0022]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 17, Malgat further teaches the vaporizer wherein the frit filter has a minimum feature radius of 1 mm ([0030], [0084]-[0086], Fig. 2; First capillary material 36 (frit filter) separates heater element 46 from second capillary material 38 by a distance of 0.8 to 2mm. As shown in Fig. 2, diameter of first capillary material 36 is at least twice the distance between heater element 46 and second capillary material 38. Therefore, the first capillary material 36 (frit filter) must have a minimum feature radius of 1mm),
but does not teach the vaporizer wherein the frit filter is a hollow cylinder shape.
Wu, directed to aerosol generating devices ([0002]-[0004], The electronic cigarette heats a liquid to generate an aerosol), teaches an atomizer ([0021]-[0023], Figs. 1-2; The cigarette cartridge comprises an atomizing heating piece 8, and therefore the cigarette cartridge is an atomizer) comprising
a heating element ([0021]-[0023], Figs. 1-2; The cigarette cartridge comprises an atomizing heating piece 8); and
a wicking element ([0022], Figs. 1-2; The cigarette cartridge comprises a ceramic liquid guiding wick 7),
wherein the wicking element is in a shape of a hollow cylinder ([0022], Figs. 1-2; Ceramic liquid guiding wick 7 is in the shape of a hollow cylinder).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer wherein the frit filter is in a shape of a hollow cylinder as taught by Wu because Malgat demonstrates that the frit filter is a wicking element (Malgat, [0084]-[0086]), and changing the cross section of the frit filter from cylindrical to hollow cylindrical constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
The range for the minimum feature radius disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0353802 A1) in view of Voerman (US 2019/0281894 A1) as applied to Claim 14, and further in view of Woodbine (US 2018/0177231A1).
Regarding Claim 20, Malgat in view of Voerman does not teach the vaporizer wherein the battery is rechargeable and includes a charging port for recharging the battery's power supply.
Woodbine, directed to aerosol generating devices ([0001]-[0003], The vaporizing device forms an aerosol), teaches a vaporizer ([0017], Figs. 2-5; Vaporizing device 200) comprising
a heating element ([0030], Figs. 2-5; Vaporizing device 200 comprises a heating element 258); and
a battery ([0024], Figs. 2-5; Vaporizing device 200 includes a power source 226, which may be a rechargeable battery),
wherein the battery is rechargeable and includes a charging port for recharging the battery's power supply ([0024], Figs. 2-5; Vaporizing device 200 includes a power source 226, which may be a rechargeable battery). The vaporizing device 200 may also include a charging port (not shown) provided on an outer periphery of the housing 202 and in electric connection with the power source 226 located therein. In such case, the user may employ an external power cord (not shown) to connect the charging port with an external power socket or the like. In an example, the charging port may use a micro-USB standard for the purpose of charging the power source 226).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer of Malgat wherein the battery is rechargeable and includes a charging port for recharging the battery's power supply as taught by Woodbine because Malgat and Woodbine are directed to aerosol generating devices, Woodbine demonstrates that the rechargeable battery allows a user to recharge and reuse the battery using a power cord, and that the charging port can be used for data transfer between the vaporizer and an external device (Woodbine, [0024]), and this involves combining prior art elements according to known methods to yield predictable results.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755