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 16-30 are pending and are subject to this Office Action. Claims 1-15 are cancelled.
Response to Arguments
Applicant's arguments, see pgs 2-12, filed September 30, 2025, with respect to the rejection(s) of claims 16-30 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On pg. 2-5, Applicant argues that Moloney does not disclose or suggest all the features recited in claim 30, specifically the limitation “wherein the cartridge housing is configured to couple to another
portion of the aerosol-generating system that comprises a pair of planar inductor coils, such that the susceptor assembly is positioned in a space between the pair of planar inductor coils, so that each of the planar inductor coils extends parallel to the first plane and so that the susceptor element is substantially equidistant from the first inductor coil and the second inductor coil”. Applicant argues that the Office Action improperly dismissed these features as nonlimiting and/or did not accord them appropriate patentable weight. Examiner respectfully disagrees with the arguments because Claim 30 is directed to a cartridge for an aerosol-generating system, and not to the aerosol generating system itself. As the limitation “for an aerosol-generating system” exists in the preamble, limitations directed to components of the aerosol generating system other than the cartridge do not affect the patentability of Claim 30, unless they impart structural or compositional features to the cartridge.
Moloney teaches a cartridge for an aerosol-generating system ([0052], Fig. 4 shows cartomizer 40; and [0060] Fig. 5 shows a highly simplified schematic representation of a vapor provision system comprising a cartomizer 40 according to Figs. 2, 3, or 4 and a power component 20. [0026], The term vapor provision system encompasses systems that are intended to generate an inhalable aerosol by vaporization of a substrate in the form of a liquid. [0003], A cartomizer is a cartridge (cartridge + atomizer)), comprising:
a cartridge housing ([0052]-[0056], Fig. 4; Cartomizer 40 comprises an outer wall 44 and an enclosure 80 defining a cartridge housing);
a planar susceptor element extending parallel to a first plane ([0052]-[0055], Fig. 4; Cartomizer 40 comprises atomizer 70. [0060], Fig. 5; Atomizer 70 may function as a susceptor element to be inductively heated by coil 90 of power component 20. [0082], Fig. 12 shows an embodiment of atomizer 70 (susceptor element) as an elongate monolithic element. Atomizer 70 may comprise a metal sheet having a mesh or grid structure in its flat form. Therefore, atomizer 70 is substantially planar (flat) and extends parallel to a first vertical plane),
wherein the cartridge housing is configured to couple to another portion of the aerosol-generating system ([0060] Fig. 5 shows a highly simplified schematic representation of a vapor provision system comprising a cartomizer 40 according to Figs. 2, 3, or 4 and a power component 20. Cartomizer 40 comprising outer wall 44 and an enclosure 80 (cartridge housing) is configured to couple to power component 20).
As the planar susceptor element of Moloney projects downward to be surrounded by an induction coil when coupled to the aerosol generating system (Moloney, [0060], Fig. 5, Atomizer 70 (susceptor element) is surrounded by induction coil 90 when coupled to power component 20), the cartridge of Moloney is necessarily capable of being compatible with another portion of the aerosol-generating system that comprises a pair of planar inductor coils, such that the susceptor assembly is positioned in a space between the pair of planar inductor coils, so that each of the planar inductor coils extends parallel to the first plane and so that the susceptor element is substantially equidistant from the first inductor coil and the second inductor coil, as claimed.
On pg. 5-7, Applicant argues that the person of ordinary skill in the art would not even have considered the teachings of Gill to be relevant in the first place, in view of the constructional differences between the cartridge, power unit construction of Molonev, and the single unit construction of Gill. Applicant further argues that even if the person of ordinary skill in the art had considered Gill's teachings to be relevant, the person still would not have considered combining Moloney in view of Gill due to the constructional difficulties that would have been encountered should such a combination have been attempted. Examiner respectfully disagrees with the arguments because Moloney discloses an aerosol generating system comprising: a cartridge comprising a susceptor assembly; and a power component comprising an inductor coil, wherein the susceptor assembly is surrounded by the inductor coil when the cartridge is coupled to the power component (Moloney, [0060], Fig. 5, Cartomizer 40 comprises atomizer 70 (susceptor element). Power component 20 comprises induction coil 90. Atomizer 70 (susceptor element) is surrounded by induction coil 90 when cartomizer 40 is coupled to power component 20). The combination of Moloney with Gill does not require any changes to the cartridge/power component engagement of Moloney, and does not require the single unit construction of Gill. The combination of Moloney with Gill only requires that the helical induction coil of Moloney be replaced with the dual parallel induction coil arrangement disclosed by Gill. As Moloney and Gill are directed to aerosol generating systems, one of ordinary skill in the art would have been motivated to replace the helical induction coil Moloney with the parallel induction coil arrangement disclosed by Gill because Gill demonstrates that the provision of first and second planar inductor coils allows the dimensions of the aerosol generating device to be minimised as compared to conventional aerosol generating devices which utilise a helical induction coil extending around the heating chamber (Gill, [0016]), Gill further demonstrates the arrangement of first and second planar coils provides improved coupling of the electromagnetic fields with the inductively heatable susceptor, thereby ensuring improved heating of the inductively heatable susceptor, improved heating of the aerosol generating material, and maximises the amount of aerosol that is generated to provide an improved user experience (Gill, [0017]).
On pg. 7-12, Applicant argues that the asserted reasoning in the Office Action can only be based on the improper benefit of hindsight knowledge of Applicant's claimed invention. Applicant further argues that the Office Action does not address either the required motivation or the required reasonable expectation of success that a person of ordinary skill in the art must have had in order to have considered the asserted combination of references. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In this case, Examiner argues that one of ordinary skill in the art replace the helical induction coil Moloney with the parallel induction coil arrangement disclosed by Gill because Gill demonstrates that the provision of first and second planar inductor coils allows the dimensions of the aerosol generating device to be minimised as compared to conventional aerosol generating devices which utilise a helical induction coil extending around the heating chamber (Gill, [0016]), Gill further demonstrates the arrangement of first and second planar coils provides improved coupling of the electromagnetic fields with the inductively heatable susceptor, thereby ensuring improved heating of the inductively heatable susceptor, improved heating of the aerosol generating material, and maximises the amount of aerosol that is generated to provide an improved user experience (Gill, [0017]). Examiner has provided multiple motivations to combine Moloney with Gill with a reasonable expectation of success. As the motivations originate from Gill, the conclusion of obviousness relies upon knowledge which was within the level of ordinary skill at the time the claimed invention was made. As such, the arguments are unpersuasive.
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.
Claim 30 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Moloney (US 2022/0202090 A1).
Regarding Claim 30, Moloney teaches a cartridge for an aerosol-generating system ([0052], Fig. 4 shows cartomizer 40; and [0060] Fig. 5 shows a highly simplified schematic representation of a vapor provision system comprising a cartomizer 40 according to Figs. 2, 3, or 4 and a power component 20. [0026], The term vapor provision system encompasses systems that are intended to generate an inhalable aerosol by vaporization of a substrate in the form of a liquid. [0003], A cartomizer is a cartridge (cartridge + atomizer)), comprising:
a cartridge housing ([0052]-[0056], Fig. 4; Cartomizer 40 comprises an outer wall 44 and an enclosure 80 defining a cartridge housing);
a liquid reservoir within the cartridge housing ([0052]-[0056], Fig. 4; Cartomizer 40 comprises inner walls 48 which define reservoir volume 50 for holding liquid. Reservoir volume 50 (liquid reservoir) is located within outer wall 44 (cartridge housing)); and
a susceptor assembly comprising a susceptor element in fluid communication with the liquid reservoir such that liquid from the liquid reservoir is conveyed to the susceptor element in use ([0052]-[0055], Fig. 4; Cartomizer 40 comprises atomizer 70 mounted by insertion of its first end 72 into the liquid flow channel 63. Liquid from reservoir volume 50 (liquid reservoir) is conveyed through liquid flow channel 63 to atomizer 70. [0060], Fig. 5; Atomizer 70 may function as a susceptor element to be inductively heated by coil 90 of power component 20. Atomizer 70 (comprising first end 72) forms a susceptor assembly comprising a susceptor element which is in fluid communication with reservoir volume 50 (liquid reservoir)),
wherein the susceptor element is substantially planar and extends parallel to a first plane ([0082], Fig. 12 shows an embodiment of atomizer 70 (susceptor element) as an elongate monolithic element. Atomizer 70 may comprise a metal sheet having a mesh or grid structure in its flat form. Therefore, atomizer 70 is substantially planar (flat) and extends parallel to a first vertical plane),
wherein the cartridge housing is configured to couple to another portion of the aerosol-generating system ([0060] Fig. 5 shows a highly simplified schematic representation of a vapor provision system comprising a cartomizer 40 according to Figs. 2, 3, or 4 and a power component 20. Cartomizer 40 comprising outer wall 44 and an enclosure 80 (cartridge housing) is configured to couple to power component 20).
The limitation: “another portion of the aerosol-generating system that comprises a pair of planar inductor coils, such that the susceptor assembly is positioned in a space between the pair of planar inductor coils, so that each of the planar inductor coils extends parallel to the first plane and so that the susceptor element is substantially equidistant from the first inductor coil and the second inductor coil” is directed to a component of the aerosol generating system other than the cartridge. Because Claim 30 is directed to a cartridge for use with an aerosol generating system, limitations directed to other components of the aerosol generating system do not affect the patentability of Claim 30. As the prior art cartridge of Moloney reads on the recited limitations of Claim 30, the cartridge of Moloney is necessarily capable of being compatible with another portion of the aerosol-generating system that comprises a pair of planar inductor coils, such that the susceptor assembly is positioned in a space between the pair of planar inductor coils, so that each of the planar inductor coils extends parallel to the first plane and so that the susceptor element is substantially equidistant from the first inductor coil and the second inductor coil, as claimed.
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.
Claims 16-20, and 23-29 are rejected under 35 U.S.C. 103 as being unpatentable over Moloney (US 2022/0202090 A1) in view of Gill (US 2022/0211109 A1).
Regarding Claim 16, Moloney, directed to aerosol generating systems ([0002], [0006], [0026]), teaches an aerosol-generating system ([0052], Fig. 4 shows cartomizer 40; and [0060] Fig. 5 shows a highly simplified schematic representation of a vapor provision system comprising a cartomizer 40 according to Figs. 2, 3, or 4 and a power component 20. [0026], The term vapor provision system encompasses systems that are intended to generate an inhalable aerosol by vaporization of a substrate in the form of a liquid), comprising:
a liquid reservoir ([0052]-[0055], Fig. 4; Cartomizer 40 comprises inner walls 48 which define reservoir volume 50 for holding liquid);
a susceptor assembly comprising a susceptor element in fluid communication with the liquid reservoir such that liquid from the liquid reservoir is conveyed to the susceptor element in use ([0052]-[0055], Fig. 4; Cartomizer 40 comprises atomizer 70 mounted by insertion of its first end 72 into the liquid flow channel 63. Liquid from reservoir volume 50 (liquid reservoir) is conveyed through liquid flow channel 63 to atomizer 70. [0060], Fig. 5; Atomizer 70 may function as a susceptor element to be inductively heated by coil 90 of power component 20. Atomizer 70 (comprising first end 72) forms a susceptor assembly comprising a susceptor element which is in fluid communication with reservoir volume 50 (liquid reservoir)),
wherein the susceptor element is substantially planar and extends parallel to a first plane ([0082], Fig. 12 shows an embodiment of atomizer 70 (susceptor element) as an elongate monolithic element. Atomizer 70 may comprise a metal sheet having a mesh or grid structure in its flat form. Therefore, atomizer 70 is substantially planar (flat) and extends parallel to a first vertical plane);
a first inductor coil ([0060] Fig. 5 shows a vapor provision system comprising a cartomizer 40 according to Figs. 2, 3, or 4 and a power component 20. Power component 20 comprises an induction work coil 90); and
control circuitry connected to the first inductor coil and configured to provide alternating current to the first inductor coil ([0060] Fig. 5; Power component 20 comprises a battery 5 for the supply of electrical power to energize the coil 90 (first inductor coil) at an appropriate AC frequency. Also, there is included a controller 28 to control the power supply. It is reasonably understood that the controller 28 comprises circuitry to control the power supply to the coil 90. Further, the controller 28 must be electrically connected to coil 90 (first inductor coil) to control the power supply from battery 5),
but does not teach the system comprising a second inductor coil, the first inductor coil positioned on a first side of the susceptor assembly and extending parallel to the first plane, the second inductor coil positioned on a second side of the susceptor assembly opposite the first side and extending parallel to the first plane, wherein the susceptor element is positioned between, and substantially equidistant from, the first inductor coil and the second inductor coil, wherein the control circuitry is connected to the second inductor coil and configured to provide alternating current to the second inductor coil.
Gill, directed to aerosol generating systems ([0001]), an aerosol-generating system ([0066], Figs. 1-2; Aerosol generating system 1), comprising:
a susceptor assembly comprising a susceptor element ([0066]-[0072], Figs. 1-2; Aerosol generating system 1 comprises an aerosol generating device 10 and an aerosol generating article 24. Aerosol generating article 24 including an aerosol generating material 26 and an inductively heatable susceptor 28),
wherein the susceptor element is substantially planar and extends parallel to a first plane ([0066]-[0074], Figs. 1-2, 3b; Inductively heatable susceptor 28 is substantially planar as shown in Fig. 1, and extends parallel to a first (vertical) plane of the system 1. [0074], Fig. 3b demonstrates that susceptor 28 has the form of a substantially planar susceptor element 46);
a first inductor coil and a second inductor coil ([0070], Figs. 1-2; Aerosol generating device 10 comprises an electromagnetic field generator 40 including a first planar coil 42 and a second planar coil 44. First and second planar coils 42, 44 are configured to generate an electromagnetic field to inductively heat susceptor 28. First and second planar coils 42, 44 are therefore, inductor coils),
the first inductor coil positioned on a first side of the susceptor assembly and extending parallel to the first plane ([0070]-[0071], Figs. 1-2; Inductively heatable susceptor 28 includes major surfaces 29a, 29b. First planar coil 42 is positioned parallel to the major surface 29a on the left (first) side of the susceptor 28, as shown in Fig. 1. First planar coil 42 extends parallel to the first (vertical plane)),
the second inductor coil positioned on a second side of the susceptor assembly opposite the first side and extending parallel to the first plane ([0070]-[0071], Figs. 1-2; Inductively heatable susceptor 28 includes major surfaces 29a, 29b. Second planar coil 44 is positioned parallel to the major surface 29b on the right (second) side of the susceptor 28, as shown in Fig. 1. Second planar coil 44 extends parallel to the first (vertical plane)),
wherein the susceptor element is positioned between, and substantially equidistant from, the first inductor coil and the second inductor coil ([0070]-[0071], Figs. 1-2; Inductively heatable susceptor 28 is positioned between, and substantially equidistant from, first planar coil 42 and a second planar coil 44); and
control circuitry connected to the first and the second inductor coils and configured to provide alternating current to the first and the second inductor coils ([0066], Figs. 1-2; Aerosol generating device 10 comprises a device body 16 which includes a power source 18 and a controller 20. [0071], The first and second planar coils 42, 44 can be energised by the power source 18 and controller 20. The controller 20 may include, amongst other electronic components, an inverter which is arranged to convert a direct current from the power source 18 into an alternating high-frequency current for the first and second planar coils 42, 44. It is reasonably understood that controller 20 comprises circuitry and is configured to provide alternating current to the first and second planar coils 42, 44).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the coil of the aerosol generating system of Moloney with a first and second planar inductor coil, the first inductor coil positioned on a first side of the susceptor assembly and extending parallel to the first plane, the second inductor coil positioned on a second side of the susceptor assembly opposite the first side and extending parallel to the first plane, wherein the susceptor element is positioned between, and substantially equidistant from, the first inductor coil and the second inductor coil, wherein the control circuitry is connected to the first and second inductor coil and configured to provide alternating current to the second inductor coil as taught by Gill because Moloney and Gill are directed to aerosol generating systems, Gill demonstrates that the provision of first and second planar inductor coils allows the dimensions of the aerosol generating device to be minimised as compared to conventional aerosol generating devices which utilise a helical induction coil extending around the heating chamber (Gill, [0016]), Gill further demonstrates the arrangement of first and second planar coils provides improved coupling of the electromagnetic fields with the inductively heatable susceptor, thereby ensuring improved heating of the inductively heatable susceptor, improved heating of the aerosol generating material, and maximises the amount of aerosol that is generated to provide an improved user experience (Gill, [0017]).
Regarding Claim 17, Moloney in view of Gill teaches the aerosol-generating system according to claim 16. Gill further teaches the system wherein the first and the second inductor coils are planar inductor coils ([0070], Figs. 1-2; Aerosol generating device 10 comprises an electromagnetic field generator 40 including a first planar coil 42 and a second planar coil 44. Moloney has been modified in view of Gill to include the first and second planar coils 42, 44, as applied to claim 16).
Regarding Claim 18, Moloney in view of Gill teaches the he aerosol-generating system according to claim 16. Gill further teaches the system wherein the aerosol-generating system is configured so that the first and the second inductor coils provide a magnetic field at the susceptor element that is normal to the first plane ([0070]-[0071], Figs. 1-2; Inductively heatable susceptor 28 includes major surfaces 29a, 29b. First planar coil 42 is positioned parallel to the major surface 29a on the left (first) side of the susceptor 28, as shown in Fig. 1. First planar coil 42 extends parallel to the first (vertical plane). Second planar coil 44 is positioned parallel to the major surface 29b on the right (second) side of the susceptor 28, as shown in Fig. 1. Second planar coil 44 extends parallel to the first (vertical plane). [0034], Electromagnetic fields in the first and second planar coils are generated in which the major direction of the electromagnetic field generated by the first planar coil at the axis of the first planar coil in the plane where the first planar coil lies is opposite to the major direction of the electromagnetic field generated by the second planar coil at the axis of the second planar coil in the plane where the second planar coil lies. If the first and second planar coils 42, 44 generate electromagnetic fields which directly oppose each other to heat susceptor 28, the first and the second inductor coils provide a magnetic field at the susceptor element that is normal (perpendicular) to the first (vertical) plane).
Regarding Claim 19, Moloney in view of Gill teaches the aerosol-generating system according to claim 16. Moloney further teaches the system wherein the reservoir is positioned outside of a space defined between the first and the second inductor coils ([0052]-[0055], [0060], Figs. 4-5; Reservoir volume 50 (liquid reservoir) is positioned above atomizer 70 (susceptor element) and coil 90. As Moloney has been modified such that the first and second inductor are positioned on a first and second side of the susceptor element, it is reasonably understood that the reservoir is positioned outside of a space defined between the first and the second inductor coils).
Regarding Claim 20, Moloney in view of Gill teaches the aerosol-generating system according to claim 16. Moloney further teaches the system wherein the susceptor assembly further comprises a wicking element, wherein the wicking element is integral with the susceptor element, the wicking element being configured to convey liquid from the liquid reservoir across a surface of the susceptor element ([0052]-[0056], [0060], Figs. 4-5; In operation, atomizer 70 (susceptor assembly) is directly fed with liquid entering the liquid flow channel 63 from the reservoir 50, and the liquid is taken up via the porous properties of the atomizer 70 and drawn along the atomizer length to be heated by the heater portion of the atomizer 70. [0082], Fig. 12; Atomizer 70 is comprised of a material which is able to provide both the porous wicking function and the susceptor function, and formed from this material as an elongate monolithic element. Atomizer 70 therefore comprises an integral wicking element, the wicking element being configured to convey liquid from the reservoir 50 across a surface of the susceptor element).
Regarding Claim 23, Moloney in view of Gill teaches the aerosol-generating system according to claim 16. Moloney further teaches the system further comprising an air inlet ([0053]-[0056], Fig. 4; Enclosure 80 surrounds atomizer 70 and defines an aerosol chamber 82. Air enters the aerosol chamber through the hole 85 (air inlet)),
an air outlet ([0053]-[0056], Fig. 4; Air enters through hole 85 (air inlet) travels through aerosol chamber 82, into air flow passages 54, to the mouthpiece outlets 56 (air outlet)), and
an airflow passage between the air inlet and the air outlet ([0053]-[0056], Fig. 4; Air enters through hole 85 (air inlet) travels through aerosol chamber 82, into air flow passages 54, to the mouthpiece outlets 56 (air outlet). The space between hole 85 (air inlet) and mouthpiece outlets 56 (air outlet) is an airflow passage),
wherein the susceptor assembly has a first surface parallel to the first plane and a second surface parallel to the first plane, opposing the first surface ([0082], Fig. 12 shows an embodiment of atomizer 70 (susceptor assembly) as an elongate monolithic element. Atomizer 70 may comprise a metal sheet having a mesh or grid structure in its flat form. Therefore, atomizer 70 is substantially planar (flat) and extends parallel to a first vertical plane. A flat planar atomizer 70 must comprise a first surface parallel to the first vertical plane and a second surface parallel to the first vertical plane, opposing the first surface), and
wherein both the first and the second surfaces are within the airflow passage ([0053]-[0056], Fig. 4; Both the first and the second surfaces of atomizer 70 are within the airflow passage defined between hole 85 (air inlet) and mouthpiece outlets (air outlet)).
Regarding Claim 24, Moloney in view of Gill teaches the aerosol-generating system according to claim 23, but does not teach the system wherein the airflow passage passes through the liquid reservoir.
Moloney, directed to aerosol generating systems ([0002], [0006], [0026]), teaches an aerosol-generating system ([0035], Fig. 2 shows cartomizer 40; and [0060] Fig. 5 shows a highly simplified schematic representation of a vapor provision system comprising a cartomizer 40 according to Figs. 2, 3, or 4 and a power component 20. [0026], The term vapor provision system encompasses systems that are intended to generate an inhalable aerosol by vaporization of a substrate in the form of a liquid), comprising:
a liquid reservoir ([0035]-[0039], Fig. 2; Cartomizer 40 comprises a housing 42 that defines a reservoir volume 50 for holding a liquid aerosolizable substrate material);
a susceptor assembly comprising a susceptor element in fluid communication with the liquid reservoir such that liquid from the liquid reservoir is conveyed to the susceptor element in use ([0035]-[0042], Fig. 2; Cartomizer 40 comprises atomizer 70 mounted by insertion of its first end 72 into the socket of the flow directing member 60. Liquid from reservoir volume 50 (liquid reservoir) is conveyed through flow directing member 60 to atomizer 70. [0060], Fig. 5; Atomizer 70 may function as a susceptor element to be inductively heated by coil 90 of power component 20. Atomizer 70 (comprising first end 72) forms a susceptor assembly comprising a susceptor element which is in fluid communication with reservoir volume 50 (liquid reservoir)),
wherein the susceptor element is substantially planar and extends parallel to a first plane ([0082], Fig. 12 shows an embodiment of atomizer 70 (susceptor element) as an elongate monolithic element. Atomizer 70 may comprise a metal sheet having a mesh or grid structure in its flat form. Therefore, atomizer 70 is substantially planar (flat) and extends parallel to a first vertical plane);
an air inlet ([0035]-[0042], Fig. 2; The vapor provision system of Fig. 2 includes an enclosure 80 which surrounds atomizer 70 and defines an aerosol chamber 82. Air enters the aerosol chamber through the one or more openings or perforations (air inlets) when a user inhales via the mouthpiece opening of the cartomizer 40),
an air outlet ([0035]-[0042], Fig. 2; Air enters through the one or more openings or perforations (air inlets) in enclosure 80 travels through aerosol chamber 82, into air flow passage 54, to the mouthpiece outlet 56 (air outlet)), and
an airflow passage between the air inlet and the air outlet ([0035]-[0042], Fig. 2; Air enters through the one or more openings or perforations (air inlets) in enclosure 80 travels through aerosol chamber 82, into air flow passage 54, to the mouthpiece outlet 56 (air outlet). The space between one or more openings or perforations (air inlets) in enclosure 80 and mouthpiece outlet 56 (air outlet) is an airflow passage),
wherein the susceptor assembly has a first surface parallel to the first plane and a second surface parallel to the first plane, opposing the first surface ([0082], Fig. 12 shows an embodiment of atomizer 70 (susceptor assembly) as an elongate monolithic element. Atomizer 70 may comprise a metal sheet having a mesh or grid structure in its flat form. Therefore, atomizer 70 is substantially planar (flat) and extends parallel to a first vertical plane. A flat planar atomizer 70 must comprise a first surface parallel to the first vertical plane and a second surface parallel to the first vertical plane, opposing the first surface), and
wherein both the first and the second surfaces are within the airflow passage ([0035]-[0042], Fig. 2; Both the first and the second surfaces of atomizer 70 are within the airflow passage defined between the one or more openings or perforations (air inlets) in enclosure 80 and mouthpiece outlets (air outlet)),
wherein the airflow passage passes through the liquid reservoir ([0035]-[0042], Fig. 2; Air enters through the one or more openings or perforations (air inlets) in enclosure 80 travels through aerosol chamber 82, into air flow passage 54, to the mouthpiece outlet 56 (air outlet). Air flow passage 54 passes through the interior of reservoir volume 50 (liquid reservoir)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the cartomizer 40 of Moloney, Fig. 4 with the cartomizer 40 of Moloney, Fig 2 such that the airflow passage passes through the liquid reservoir because the two cartomizers are different embodiments of the same invention, and Moloney explicitly states that the cartomizers 40 of Figs. 2-4 may all be used in combination with the power component 20 to form an aerosol generating system ([0060], Fig. 5).
Regarding Claim 25, Moloney in view of Gill teaches the aerosol-generating system according to claim 23. Moloney further teaches the system wherein an aerosol-forming substrate vaporised by the susceptor assembly may escape into the airflow passage ([0053]-[0056], Fig. 4; Air enters through hole 85 (air inlet) travels through aerosol chamber 82, into air flow passages 54, to the mouthpiece outlets 56 (air outlet). The space between hole 85 (air inlet) and mouthpiece outlets 56 (air outlet) is an airflow passage. The liquid aerosol forming substrate from reservoir volume 50 is transported through liquid flow channel 63 to atomizer 70 (susceptor) to be vaporized. Air entering the aerosol chamber through the hole 85 and collecting vapor (vaporised aerosol-forming substrate) in the aerosol chamber 82 flows into the air flow passages 54 to the mouthpiece outlets 56).
Regarding Claim 26, Moloney in view of Gill teaches the aerosol-generating system according to claim 16. Moloney further teaches the system wherein the susceptor assembly further comprises a heating region and one or more mounting regions, and wherein the one or more mounting regions is fixed to a susceptor assembly holder ([0052]-[0055], [0060], Figs. 4-5; Cartomizer 40 comprises atomizer 70 (susceptor assembly) mounted by insertion of its first end 72 into the liquid flow channel 63. The first end 72 is the mounting region. The other end of the atomizer 70 is the heating region because it positioned within coil 90 to be inductively heated. The first end 72 (mounting region) is fixed to liquid flow channel 63 (susceptor assembly holder)).
Regarding Claim 27, Moloney in view of Gill teaches the aerosol-generating system according to claim 26. Moloney further teaches the system wherein the heating region is positioned between the first and the second inductor coils ([0052]-[0055], [0060], Figs. 4-5; Atomizer 70 (susceptor assembly) is mounted by insertion of its first end 72 into the liquid flow channel 63. The first end 72 is the mounting region. The other end of the atomizer 70 is the heating region because it positioned within coil 90 to be inductively heated. Moloney has been modified in view of Gill such that coil 90 of Moloney is replaced with the first and second planar coils 42, 44 of Gill, as applied to claim 16) and
the one or more mounting regions are positioned outside a space between the first and the second inductor coils ([0052]-[0055], [0060], Figs. 4-5; The first end 72 (mounting region) is positioned outside a space between the first and the second inductor coils (the location of the heating region and coil 90 as shown in Figs. 4-5).
Regarding Claim 28, Moloney in view of Gill teaches the aerosol-generating system according to claim 16. Gill further teaches the system wherein the control circuitry is further configured to provide current to the inductor coils ([0066], Figs. 1-2; Aerosol generating device 10 comprises a device body 16 which includes a power source 18 and a controller 20 (control circuitry). [0071], The first and second planar coils 42, 44 can be energised by the power source 18 and controller 20. The controller 20 may include an inverter which is arranged to convert a direct current from the power source 18 into an alternating high-frequency current for the first and second planar coils 42, 44).
wherein the first and the second inductor coils are planar inductor coils ([0070], Figs. 1-2; Aerosol generating device 10 comprises an electromagnetic field generator 40 including a first planar coil 42 and a second planar coil 44)
wherein the aerosol-generating system is configured so that the first and the second inductor coils provide a magnetic field at the susceptor element that is normal to the first plane ([0070]-[0071], Figs. 1-2; Inductively heatable susceptor 28 includes major surfaces 29a, 29b. First planar coil 42 is positioned parallel to the major surface 29a on the left (first) side of the susceptor 28, as shown in Fig. 1. First planar coil 42 extends parallel to the first (vertical plane). Second planar coil 44 is positioned parallel to the major surface 29b on the right (second) side of the susceptor 28, as shown in Fig. 1. Second planar coil 44 extends parallel to the first (vertical plane). [0034], Electromagnetic fields in the first and second planar coils are generated in which the major direction of the electromagnetic field generated by the first planar coil at the axis of the first planar coil in the plane where the first planar coil lies is opposite to the major direction of the electromagnetic field generated by the second planar coil at the axis of the second planar coil in the plane where the second planar coil lies. Therefore, the first and second planar coils 42, 44 generate electromagnetic fields which directly oppose each other to heat susceptor 28, and the first and the second inductor coils provide a magnetic field at the susceptor element that is normal (perpendicular) to the first (vertical) plane)).
The limitation: “so that the first inductor coil provides equal and opposite force on the susceptor assembly to the second inductor coil” is functional limitation relating to an intended use of the aerosol-generating system of Claim 16. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. As the invention of Moloney in view of Gill teaches the aerosol-generating system of Claim 16, wherein the control circuitry is further configured to provide current to the inductor coils as recited in Claim 28, wherein the first and the second inductor coils are planar inductor coils as recited in Claim 17, wherein the aerosol-generating system is configured so that the first and the second inductor coils provide a magnetic field at the susceptor element that is normal to the first plane as recited in Claim 18, the aerosol-generating system of Moloney in view of Gill would be necessarily capable of being operated in the claimed manner.
Regarding Claim 29, Moloney in view of Gill teaches the aerosol-generating system according to claim 16. Gill further teaches a method of generating aerosol using an aerosol-generating system in accordance with claim 16, the method comprising supplying alternating current to the first and the second inductor coils ([0066], Figs. 1-2; Aerosol generating device 10 comprises a device body 16 which includes a power source 18 and a controller 20. [0071], The first and second planar coils 42, 44 can be energised by the power source 18 and controller 20. The controller 20 may include, amongst other electronic components, an inverter which is arranged to convert a direct current from the power source 18 into an alternating high-frequency current for the first and second planar coils 42, 44. The step of supply alternating current to the first and second planar coils 42,44 forms a method of using the aerosol generating system in accordance with Claim 16),
such that the first inductor coil provides an equal and opposite Lorentz force on the susceptor assembly as the second inductor coil ([0070]-[0071], Figs. 1-2; Inductively heatable susceptor 28 includes major surfaces 29a, 29b. First planar coil 42 is positioned parallel to the major surface 29a on the left (first) side of the susceptor 28, as shown in Fig. 1. Second planar coil 44 is positioned parallel to the major surface 29b on the right (second) side of the susceptor 28, as shown in Fig. 1. Second planar coil 44 extends parallel to the first (vertical plane). Inductively heatable susceptor 28 is positioned between, and substantially equidistant from, first planar coil 42 and a second planar coil 44. Based on the disclosure in the specification, positioning the susceptor assembly substantially equidistant between the first and second inductor coils means that the forces generated by the magnetic fields on the susceptor element or elements, such as the Lorentz force, are balanced; see instant specification, pg 44, ln 10-14. As the system of Moloney in view of Gill is configured such that the susceptor assembly is substantially equidistant between the first and second inductor coils, the method disclosed by Gill comprising supplying alternating current to the first and the second inductor coils would necessarily result in the first inductor coil providing an equal and opposite Lorentz force on the susceptor assembly as the second inductor coil, absent evidence to the contrary).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Moloney (US 2022/0202090 A1) in view of Gill (US 2022/0211109 A1) as applied to Claim 16, and further in view of Akiyama (US 2023/0064474 A1).
Regarding Claims 21-22, Moloney in view of Gill does not teach the system wherein the susceptor assembly further comprises a first planar susceptor element and a second planar susceptor element, both the first and the second planar susceptor elements extending parallel to the first plane and adjacent one another in a direction normal to the first plane, wherein a wicking element is positioned between the first and the second susceptor elements.
Akiyama, directed to aerosol-generating systems ([0001]), teaches an aerosol-generating system ([0049], Figs. 1-7, 12; Cartridge 10 and vapour generating device 100 form a vapour generating system 106. [0014], Akiyama uses the terms ‘aerosol’ and ‘vapour’ interchangeably), comprising:
a liquid reservoir ([0049]-[0050], Figs. 1-4; Cartridge 10 comprises a liquid storage portion 22 inclinding a liquid store 24 (liquid reservoir));
a susceptor assembly comprising a susceptor element in fluid communication with the liquid reservoir such that liquid from the liquid reservoir is conveyed to the susceptor element in use ([0049]-[0059], Figs. 1-4; Cartridge 10 includes a fluid permeable heater 54 (susceptor assembly) comprises two susceptor rings 62 (susceptor element), wherein a porous liquid transfer element 56 positioned between the two susceptor rings 62. Liquid from liquid store 24 (liquid reservoir) is configured to flow to the liquid transfer element 56 and to the susceptor rings 62 to be vaporized),
wherein the susceptor element is substantially planar and extends parallel to a first plane ([0049]-[0059], Figs. 1-4; Susceptor rings 62 (susceptor element) are substantially planar and extend parallel to a first horizontal plane as shown in Figs. 1-2, 4),
wherein the susceptor assembly further comprises a first planar susceptor element and a second planar susceptor element ([0049]-[0059], Figs. 1-4; Fluid permeable heater 54 (susceptor assembly) a first planar susceptor ring 62 (susceptor element) and a second planar susceptor ring 62 (susceptor element) as shown in Figs. 1-2, 4),
both the first and the second planar susceptor elements extending parallel to the first plane and adjacent one another in a direction normal to the first plane ([0049]-[0059], Figs. 1-4; Susceptor rings 62 (susceptor element) extending parallel to the first horizontal plane and adjacent one another in a vertical direction normal to the first horizontal plane),
wherein a wicking element is positioned between the first and the second susceptor elements ([0049]-[0057], Figs. 1-4; Cartridge 10 includes a fluid permeable heater 54 (susceptor assembly) comprises two susceptor rings 62 (susceptor element), wherein a porous liquid transfer element 56 (wicking element) positioned between the two susceptor rings 62. Vapour generating liquid is absorbed into the porous liquid transfer element 56 and is conveyed by a wicking action to the fluid permeable heater 54).
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 system of Moloney in view of Gill wherein the susceptor assembly further comprises a first planar susceptor element and a second planar susceptor element, both the first and the second planar susceptor elements extending parallel to the first vertical plane (as defined in Claim 16) and adjacent one another in a direction normal to the first plane, wherein a wicking element is positioned between the first and the second susceptor elements similarly taught by Akiyama because Moloney, Gill, and Akiyama are directed to aerosol generating systems, Akiyama demonstrates that the susceptor and wicking element configuration ensures efficient vapour generation (Akiyama, [0033]), wherein the first and second susceptor elements can be exposed to an electromagnetic field to heat up and transfer the heat to the liquid absorbed by the wicking element (Akiyama, [0057], Figs. 1-4), and this involves substituting one susceptor configuration for another to yield predictable results.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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