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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the piezoelectric transducer is secured to the aerosol-generator housing at a single attachment point positioned only within the first region as recited in claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 19-36 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
There are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is "undue." In the instant case, Applicant fails to include sufficient amount of direction as to how the piezoelectric transducer is secured to the aerosol-generator housing at a single attachment point positioned only within the first region? The level of predictability is very low because unpredictable arts need more working examples to show how to achieve the results (secured at a single attachment point positioned only within the first region). No drawing is provided in explaining/elaborating the meaning of “secured… at a single attachment point positioned only within the first region?” The disclosure, as originally filed, does not disclose, in drawing, how to secure the piezoelectric transducer to the aerosol-generator housing at a single attachment point positioned only within the first region? The Examiner, hence the public, would not know how to secure the piezoelectric transducer to the aerosol-generator housing at a single attachment point positioned only within the first region. How big or small of the “point” to meet the claim limitation? Would cylindrically sleeving the piezoelectric transducer’s outer cylindrical wall meet the claim limitation? Why and why not? Does the “attachment” means loosely support or must it be fixed like bolted down or welded? Would a continuous welding strip meet the claim limitation? Why and why not? The breath of the claims are very broads. The nature of the invention is quite unpredictable because there are many ways to generate aerosol. Based on the limited information provided, the level of ordinary skill required to make and/or use the invention is very high due to the lack of detailed guidance in the specification.
Based on the unknowns listed above, undue experimentations (in quantity and quality of experimentations are needed to make or use the invention based on the content of the disclosure) must be perform to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The Specification also fails to provide existence of working examples. Claim 19 recites a “system” as the Applicant’s invention, the breath of the claims are too broad for one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19-36 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The terms “single attachment point” in line 6 of claim 19 is a relative term which renders the claim indefinite. The terms “single attachment point” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The exact size or shape of the point needed to meet the claim limitation is not known. Can the “point” as big as a dinner plate? Can the point be an elongated in shape? Why and why not? Clarification is respectfully requested.
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.
Claim(s) 19-24, 28-30 and 33-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 刘建福 Liu et al. (WO2018113669. Liu hereinafter. See attached English translation by Google Patents).
With respect to claim 19, Liu discloses an aerosol-generating system (Figs. 1-20), comprising: an aerosol-generator housing (201, 2015, 2026, 2024); and a piezoelectric transducer (205, 2012, 2010, 2013) having an elliptical shape (page 3, tenth paragraph) and comprising a first region (205) and a second region (2012), wherein the second region is electrically isolated from the first region (via 2019), wherein the piezoelectric transducer is secured to the aerosol-generator housing at a single attachment point (sleeved in or wrapped by 2018 and 2019) positioned only within the first region.
With respect to claim 20, Liu discloses the aerosol-generating system according to claim 19, wherein the attachment point is positioned at (near) a centre of the piezoelectric transducer.
With respect to claim 21, Liu discloses the aerosol-generating system according to claim 19, wherein the second region extends between the first region and an (top) edge of the piezoelectric transducer (2013).
With respect to claim 22, Liu discloses the aerosol-generating system according to claim 19, wherein the piezoelectric transducer further comprises a first (annular) groove (occupied by 2011) in a (lower) surface of the piezoelectric transducer (205) and an electrically insulating material (2011) positioned within the first groove, and wherein the first groove defines a (separation) boundary between the first region and the second region.
With respect to claim 24, Liu discloses wherein the piezoelectric transducer further comprises a first layer of piezoelectric material (of 205) and a second layer of piezoelectric material (of 2012), and wherein the first layer overlies (on top of) the second layer.
With respect to claim 28, Liu discloses wherein a (bottom) surface of the first layer of piezoelectric material forms a first surface of the piezoelectric transducer, wherein a (top) surface of the second layer of piezoelectric material forms a second surface of the piezoelectric transducer opposite (faxing) the first surface, and wherein the first layer of piezoelectric material (indirectly) contacts the second layer of piezoelectric material at an interface (via 2019, 2011, 2012) between the first layer of piezoelectric material and the second layer of piezoelectric material.
With respect to claim 29, Liu discloses the aerosol-generating system according to claim 19, further comprising: a power supply (battery assembly. Not shown); and a controller (wiring from the battery assembly to the piezoelectric transducer) configured to (capable of) supply power from the power supply to the piezoelectric transducer.
With respect to claim 30, Liu discloses the aerosol-generating system according to claim 28, further comprising: a power supply (battery assembly. Not shown); and a controller (wiring from the battery assembly to the piezoelectric transducer) configured to (capable of) supply power from the power supply to the piezoelectric transducer, and supply power to the piezoelectric transducer to generate a first oscillating potential (around the radial oscillating body. Page 2, lines 44-52) difference in the first region between the first surface of the piezoelectric transducer and the second surface of the piezoelectric transducer.
With respect to claim 33, Liu discloses the aerosol-generating system according to claim 19, further comprising a first liquid storage compartment (2017) in fluid communication with the first region of the piezoelectric transducer.
With respect to claim 34, Liu discloses the aerosol-generating system according to claim 33, further comprising a first liquid aerosol-forming substrate (2018) contained within the first liquid storage compartment.
With respect to claim 35, Liu discloses the aerosol-generating system according to claim 33, further comprising a second liquid storage compartment (in 2018) in fluid communication with the second region of the piezoelectric transducer (Fig. 1).
With respect to claim 36, Liu discloses the aerosol-generating system according to claim 35, further comprising a second liquid aerosol-forming substrate (2018) contained within the second liquid storage compartment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to show the art with respect to an aerosol-generating system: Ivri ‘153, Ivri ‘646, Katase, Fink, Buchberger, Ivri ‘211, Collins, Jr., Koerner, Martens, III, Ivri ‘174, Montaser and Ivri ‘235.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHEE-CHONG LEE whose telephone number is (571)270-1916. The examiner can normally be reached Monday-Friday 8am -5pm.
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, Arthur O. Hall can be reached at (571)270-1814. 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.
/CHEE-CHONG LEE/ Primary Examiner, Art Unit 3752 January 30, 2026