CTNF 18/245,211 CTNF 81079 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim 1 is objected to because of the following informalities: in line 9, the word “operably” should be amended to read ‘operable.” . Appropriate correction is required. International Search Report QIU WEI-HUA (US 2017/0196273 A1) WAS cited as a “X” and/or “Y” reference in the International Search Report for International Application PCT/GB2021/052356, to which the instant application claims priority. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1-3,5,13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu 9US 2017/0196273) as evidenced by Ahmed et al (A comprehensive overview of shape memory alloys: Recent advances in fabrications, properties, and applications for next-generation smart systems) .. Qiu discloses an electronic cigarette or atomizing device (aerosol provision system) (Abs, [0004], [0070]). In an embodiment illustrated in Figure 1, the electronic cigarette 110 comprises a liquid reservoir 12a for smoke liquid (aerosolizable material) and an atomizing device 13 (vaporizer). The electronic cigarette 110 includes a first liquid guiding member 131 and a second liquid guiding member 132, wherein the first liquid guiding member 131 transfers smoke liquid from the reservoir 12a to be received by the second liquid guiding member 132 or, alternatively, the first liquid guiding member 131 is omitted and the second liquid guiding member 132 comprises a guiding bulge that contacts the reservoir 12a and receives smoke liquid directly from the reservoir to be atomized (vaporized), the second liquid guiding member 132 corresponding to a wick [0071]. A heating member 133 can be sleeved on, twined around, adhered to or clinged to the second liquid guiding member 132 or, alternatively, the second liquid guiding member 132 can be sleeved on, twined around, adhered to or clinged to heating member 133. Driven by the power supply device 15, smoke liquid from the liquid reservoir 12a and received in the second liquid guiding member 132 is heated and atomized (vaporized) allowing the user can enjoy a smoking experience ([0070]-[0071]). The electronic cigarette 110 includes a temperature control switch 139 (which comprises a structure) that can be positioned adjacent to the heating member 133 or the heating member 133 can be sleeved on the temperature control switch 139 [0071]. Since the heating member is in intimate contact with second liquid guiding member 132 and also with the temperature control switch 139, absent convincing evidence of unexpected results, it would have been obvious for the temperature control switch 139 to be in contact with an external surface of the second liquid guiding member 132 as one of two possible configurations (on the surface of the wick or not on the surface of the wick). Qiu discloses that a suitable temperature control switch 139 is a memory alloy switch, which reads on a shape memory element [0072]. The temperature control switch 139 functions as follows: In operation, when the temperature of heating member 133 rises, the temperature of the temperature control switch 139 also rises. In a first configuration, when the temperature of the temperature control switch 139 is less than a predetermined operating temperature, the temperature control switch 139 allows power from the power supply device 15 to reach the heating member 133, wherein operation of the electronic cigarette is possible. When the temperature of the temperature control switch 139 exceeds the predetermined operating temperature, the temperature control switch 139 changes to a second configuration to cut off the connection between the power supply device 15 and the heating member 133, the heating member 133 stops working and operation of the electronic cigarette is prevented [0073]. When the power is cut off, the temperature of the heating member 133 and the temperature of the temperature control switch 139 drop naturally until the temperature of the temperature control switch 139 is less than the predetermined operating temperature, at which point the temperature control switch 139 again interconnects the power supply device 15 and the heating member 133 to allow the heating member 133 to heat up again [0073]. The temperature control switch 139 thus operates to reversibly change between the first configuration and the second configuration. The memory alloy switch is a metal expansion type temperature control switch [0172]. Memory alloys are known for their unique ability to recover their initial shape after deformation, triggered by specific thermomechanical stimuli (see Ahmed et al , Introduction, for evidence). Therefore, one of ordinary skill in the art would have expected the memory alloy switch to move from a first shape or position in the first configuration to a second shape or position in the second configuration. Absent convincing evidence of unexpected results, it would have been obvious to one of ordinary skill in the art to select a memory alloy switch with a reasonable expectation of obtaining a suitable temperature control switch 139. Claims 2 and 3: The temperature of the temperature control switch 139 is considered to closely match the temperature of the wick that it contacts in order for the temperature control switch 139 to perform its function to reversibly change between the first configuration and the second configuration in response to the temperature of the wick exceeding the predetermined temperature (as described above) to prevent overheating of the wick and smoke liquid that is vaporized therefrom. The temperature of the wick is considered to be a relevant temperature of the vaporizer for the purpose of the temperature control switch 139 to perform its function to reversibly change between the first configuration and the second configuration in response to the temperature of the vaporizer exceeding the predetermined temperature (as described above) to prevent overheating of the vaporizer and smoke liquid that is vaporized therein. Claim 5: Changing of the shape or structure of the memory alloy is the basic functioning principle of operation of such materials because shape memory materials undergo a solid-to-solid phase transition, typically shifting from a martensitic state at lower temperatures to an austenitic state as the temperature increases (see Ahmed et al , Introduction, for evidence). The solid-to-solid phase transition occurs in response to the temperature of the wick or the vaporizer exceeding the predetermined operating temperature, wherein the hea9disconnects the t from the vaporizer causes the switch to change from the first configuration to the second configuration. Claim 13: Qiu discloses that the temperature control switch 139 switches off the connection between the power supply device 15 and heating member 133 (disconnects a connection lead for delivering power to the vaporizer) [0073]. Claim 17: The temperature control switch 139 (structure) is attached to a part of the vaporizer, thus is located within the claimed distance . . 07-21-aia AIA Claim s 20, 29 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu and further in view of Hepworth et al (US 2020/0154770) Claim 20: Qiu discloses that the electronic cigarette comprises a suction nozzle 11 comprising a vent hole 161 (outlet), but does not disclose an air inlet or an air channel extending from the air inlet to the outlet, wherein the vaporizer is located in the air channel between the air inlet and the outlet. However, it is generally known in the art that vapor provision devices such as e-cigarettes generally contain a reservoir of a source liquid containing a formulation from which an vapor is generated, such as through vaporization in a vapor generation chamber by a vaporizer, and one or more air inlet holes located away from a mouthpiece end of the system. When a user sucks or inhales on the device, air is drawn through inlet holes and through an air flow path (air channel) into the vapor generation chamber where it mixes with the vaporized material and continues through a flow path to an opening (outlet) in the mouthpiece carrying some of the vapor for inhalation by the user (see Hepworth et al, Abs, [0003] for evidence). Therefore, an air inlet, air channel and outlet as claimed, and wherein the vaporizer is located in the air channel between the air inlet and the outlet would have been obvious to one of ordinary skill in the art for the electronic cigarette to be smoked in the usual way. Claims 29 and 36: Qiu does not disclose that the electronic cigarette comprises a cartridge and a control unit configured as claimed. Hepworth et al discloses that vapor provision devices such as e-cigarettes can comprise a single part or can comprise a modular assembly including a disposable cartridge and a reusable part. The disposable cartridge comprises a vapor precursor material (reservoir) and a vaporizer and in some cases a temperature sensor for helping control the temperature, while the reusable part comprises a power supply (e.g. rechargeable battery) and control circuitry (reads on a control unit). Cartridges are electrically and mechanically coupled to a control unit for use, for example using a screw thread or bayonet, and are removable for replacement. Therefore the control unit comprises a cartridge receiving section arranged to cooperatively engage with the cartridge so as to releasably couple the cartridge to the control unit [0020]. It would have been obvious to one of ordinary skill in the art to provide the electronic cigarette or atomizing device of Qiu as a modular assembly including a disposable cartridge and a reusable part as disclosed by Hepworth et al to avoid the expense of replacing the reusable control unit with each use. It would further have been obvious to include a memory alloy switch in the cartridge to control the temperature of the vaporizer and avoid overheating, wherein the memory alloy switch is positioned and functions as claimed and as discussed with regard to Claim 1. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS R CORDRAY whose telephone number is (571)272-8244. The examiner can normally be reached Monday-Friday 8 AM-5 PM (EST). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at (571) 270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DENNIS R CORDRAY/ Primary Examiner, Art Unit 1748 Application/Control Number: 18/245,211 Page 2 Art Unit: 1748 Application/Control Number: 18/245,211 Page 3 Art Unit: 1748 Application/Control Number: 18/245,211 Page 4 Art Unit: 1748 Application/Control Number: 18/245,211 Page 5 Art Unit: 1748 Application/Control Number: 18/245,211 Page 6 Art Unit: 1748 Application/Control Number: 18/245,211 Page 7 Art Unit: 1748 Application/Control Number: 18/245,211 Page 8 Art Unit: 1748 Application/Control Number: 18/245,211 Page 9 Art Unit: 1748
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