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 1-3, 5-6, 8-12, 14-19, 21-22, and 24-25 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restriction
Applicant's election without traverse of Claims 1-3, 5-6, 8-12, and 14-15 in the reply filed on April 9, 2024 is acknowledged.
Claims 16-19, 21-22, and 24-25 are withdrawn.
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, 5-6, 8, and 14-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Xiaojun (US 2020/0054074 A1, cited on the IDS 7/26/2023).
Regarding Claim 1, Xiaojun, directed to aerosol generating devices, teaches a non-combustible aerosol provision device for generating aerosol from a consumable comprising aerosol-generating material ([0003], [0031]-[0041], Figs. 1-6; Adjustable vaporizer (sections C-E) is configured to receive an atomizer (sections A-B). Section A of the atomizer comprises a ceramic heating element 4, configured to atomize a liquid to generate an aerosol when supplied power from the battery 25 of section D of the adjustable vaporizer. Therefore, adjustable vaporizer is a non-combustible aerosol provision device, and the atomizer is a consumable comprising aerosol-generating material), the non-combustible aerosol provision device comprising:
a chamber for receiving a consumable comprising aerosol generating material ([0031]-[0041], Figs. 1-6; Adjustable vaporizer (sections C-E) comprises an atomizer chamber configured to receive the atomizer (consumable comprising aerosol generating material)),
the chamber having an inlet and a length, wherein the inlet has a width and wherein the width of the inlet and the length of the chamber are adjustable ([0031]-[0041], Figs. 1-6; Adjustable vaporizer (sections C-E) comprises an atomizer chamber including an aperture 159 (inlet) through which the atomizer is inserted. [0037]-[0038], Figs. 4-5, 7-8; The components of section C include multiple diameter plates 13, turntable 15, turntable silicone 16, lower cover 17, and rear cover 18. [0044], the components 13, 15, 16, 17, 18 fit together to provide the aperture 159 (inlet) capable of being adjusted to multiple diameters (widths). [0043], Fig. 7; Section D comprises a button adapter base 22. The button adapter base 22 operates to adjust the atomizer chamber depth (length) to allow the adjustable vaporizer to accept atomizers having different lengths); and
a mechanism for configuring the chamber in at least a first configuration and a second configuration; wherein, when the chamber is in the first configuration the width of the inlet is a first width and the length of the chamber is a first length, and when the chamber is in the second configuration the width of the inlet is a second width that is different from the first width and the length of the chamber is a second length that is different from the first length ([0037]-[0038], Figs. 4-5, 7-8; The components of section C include multiple diameter plates 13, turntable 15, turntable silicone 16, lower cover 17, and rear cover 18. [0044], the components 13, 15, 16, 17, 18 fit together to provide an aperture 159 (inlet) capable of being adjusted to multiple diameters (widths). [0048], Rotating the turntable 15 can enlarge or reduce the aperture 159 formed by the six jaws of the diameter plates 13. [0043], [0057], Figs. 7, 9-10; The button adapter base 22 operates to adjust the atomizer chamber depth (length) to allow the adjustable vaporizer to accept atomizers having different lengths. Therefore, the chamber can be configured in a first configuration wherein the width of aperture 159 (inlet) is a first width and the length of the adjustable atomizer chamber 224 is a first length, and a second configuration wherein the width of aperture 159 (inlet) is a second width that is different from the first width and the length of adjustable atomizer chamber 224 is a second length that is different from the first length. Turntable 15 and button adapter base 22 form the mechanism for configuring chamber 224 in the first configuration and the second configuration).
Regarding Claim 3, Xiaojun teaches the non-combustible aerosol provision device according to claim 1, wherein the mechanism comprises a movable member, the movable member defining a first passage comprising the first width and a second passage comprising the second width and wherein the mechanism is arranged to move the movable member between a first member position corresponding to the first configuration and a second member position corresponding to the second configuration and wherein when the movable member is in the first member position the first passage defines the inlet of the chamber and when the movable member is in the second member position the second passage defines the inlet of the chamber ([0031]-[0041], Figs. 1-6; Adjustable vaporizer (sections C-E) comprises an atomizer chamber including an aperture 159 (inlet) through which the atomizer is inserted. [0037]-[0038], Figs. 4-5, 7-8; The components of section C include multiple diameter plates 13, turntable 15, turntable silicone 16, lower cover 17, and rear cover 18. [0044], the components 13, 15, 16, 17, 18 fit together to provide the aperture 159 (inlet) capable of being adjusted to multiple diameters (widths). [0048]; Rotating the turntable 15 can enlarge or reduce the aperture 159 formed by the six jaws of the diameter plates 13. Turntable 15 is a movable member defining a first passage of the first width when chamber 224 is in the first configuration, and second passage of the second width when chamber 224 is in the second configuration. Turntable 15 moves between a first member position corresponding to the first configuration and a second member position corresponding to the second configuration, wherein when the movable member is in the first member position the first passage defines aperture 159 (inlet) of the chamber and when the movable member is in the second member position the second passage defines aperture 159 (inlet) of the chamber).
Regarding Claim 5, Xiaojun teaches the non-combustible aerosol provision device according to claim 3, wherein the movable member is a rotatable member arranged to rotate relative to the chamber between the first member position and the second member position ([0037]-[0038], [0044], [0048], Figs. 4-5, 7-10; Turntable 15 is a rotatable member arranged to rotate relative to the chamber 224 between the first member position and the second member position).
Regarding Claim 6, Xiaojun teaches the non-combustible aerosol provision device according to claim 5 wherein the rotatable member is rotatable between the first member position and the second member position about a rotation axis that is substantially perpendicular to an axis of the chamber ([0037]-[0038], [0044], [0048], Figs. 4-5, 7-10; Turntable 15 is a rotatable member arranged to rotate between the first member position and the second member position about a rotation axis that is substantially perpendicular to a transverse axis of the chamber 224).
Regarding Claim 8, Xiaojun teaches the non-combustible aerosol provision device according to claim 3, wherein the mechanism comprises a movable base of the chamber for adjusting the length of the chamber ([0043], Fig. 7; Section D comprises a button adapter base 22. The button adapter base 22 operates to adjust the atomizer chamber depth (length) to allow the adjustable vaporizer to accept atomizers having different length; and [0057], The adjustable atomizer chamber 224 can receive atomizers of varying lengths. A chamber base surface 226 moves up and down with the movement of the button 22 so that the atomizer chamber provides an adjustable depth).
Regarding Claims 14-15, Xiaojun teaches the non-combustible aerosol provision device according to claim 1, wherein the second length of the chamber is wider than the first length of the chamber, wherein the second width is smaller than the first width ([0037]-[0038], Figs. 4-5, 7-8; The components of section C include multiple diameter plates 13, turntable 15, turntable silicone 16, lower cover 17, and rear cover 18. [0044], the components 13, 15, 16, 17, 18 fit together to provide an aperture 159 (inlet) capable of being adjusted to multiple diameters (widths). [0048], Rotating the turntable 15 can enlarge or reduce the aperture 159 formed by the six jaws of the diameter plates 13. [0043], [0057], Figs. 7, 9-10; The button adapter base 22 operates to adjust the atomizer chamber depth (length) to allow the adjustable vaporizer to accept atomizers having different lengths. As turntable 15 and button adapter base 22 operate independently, the second length of the chamber may be wider than the first length of the chamber, wherein the second width may be smaller than the first width).
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Xiaojun (US 2020/0054074 A1, cited on the IDS 7/26/2023) in view of Batista (US 2024/0049795 A1).
Regarding Claim 12, Xiaojun does not teach the non-combustible aerosol provision device further comprising an opening to a recess at a distal end of the non-combustible aerosol provision device, wherein the recess is, configured to receive a first removable insert that is insertable by a user into the recess through the opening to push the movable base from the first base position to the second base position.
Batista, directed to aerosol generating devices ([0001]), teaches a non-combustible aerosol provision device for generating aerosol from a consumable comprising aerosol-generating material ([0181]-[0183], Fig. 1-2; Aerosol generating device 10 is configured to generate an aerosol from aerosol-forming substrate), the non-combustible aerosol provision device comprising:
a chamber for receiving a consumable comprising aerosol generating material ([0181]-[0183], Fig. 1-2; Device 10 comprises cavity 200 having an opening 220 to allow insertion and removal of an aerosol-forming substrate into the cavity. [0188], An aerosol-generating article comprising an aerosol-forming substrate and a susceptor is inserted into the cavity 200),
the chamber comprising a movable base ([0186], Figs. 1-2; Cavity 200 comprises a cavity base 280 which is coupled to a push rod 290, which extends through a hole defined through the housing so that it can be operated by a user to move the cavity base within the cavity);
an opening to a recess at a distal end of the non-combustible aerosol provision device ([0186], Figs. 1-2; Cavity base 280 is coupled to a push rod 290, which extends through a hole (opening to a recess) defined at a distal end of device 10 so that it can be operated by a user to move the cavity base within the cavity),
wherein the recess is, configured to receive a first insert that is insertable by a user into the recess through the opening to push the movable base from a first base position to a second base position ([0186], Figs. 1-2; Cavity base 280 is coupled to a push rod 290, which extends through a hole (opening to a recess) so that it can be operated by a user to move the cavity base 280 from a first base position to a second base position),
Batista further discloses that a removable detachable component provides additional flexibility to the user of the device ([0043]).
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 device of Xiaojun comprising an opening to a recess at a distal end of the non-combustible aerosol provision device, wherein the recess is, configured to receive a first insert that is insertable by a user into the recess through the opening to push the movable base from the first base position to the second base position as taught by Batista because Xiaojun and Batista are directed to aerosol generating devices, Batista demonstrates that this configuration allows a user to manually move a movable base from a first position to a second position for ejection of a consumable (Batista, [0186]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure to insert to be removable because Batista discloses that a removable detachable component provides additional flexibility to the user of the device (Batista, [0043]).
Allowable Subject Matter
Claims 2 and 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to teach or reasonably suggest all of the limitations in claim 2 and 9-11. Specifically, the prior art fails to teach or reasonably suggest “wherein the mechanism comprises a moveable linkage and wherein the mechanism is configured so that a single movement of the moveable linkage causes the chamber to change between the first configuration and the second configuration, wherein the mechanism comprises at least one mechanical linkage connecting the moveable member to the movable base of the chamber, wherein the at least one mechanical linkage is arranged so that movement of the movable base from a first base position to a second base position causes the movable member to move from the first member position to the second member position, wherein the mechanism converts linear motion of the movable base to rotational motion of the moveable member”.
Regarding Claims 2, and 9-11, The closest prior art is Xiaojun (US 2020/0054074 A1, cited on the IDS 7/26/2023) and Yim (US 2022/0202072 A1).
Xiaojun, directed to aerosol generating devices, teaches a non-combustible aerosol provision device for generating aerosol from a consumable comprising aerosol-generating material ([0003], [0031]-[0041], Figs. 1-6; Adjustable vaporizer (sections C-E) is configured to receive an atomizer (sections A-B). Section A of the atomizer comprises a ceramic heating element 4, configured to atomize a liquid to generate an aerosol when supplied power from the battery 25 of section D of the adjustable vaporizer. Therefore, adjustable vaporizer is a non-combustible aerosol provision device, and the atomizer is a consumable comprising aerosol-generating material), the non-combustible aerosol provision device comprising:
a chamber for receiving a consumable comprising aerosol generating material ([0031]-[0041], Figs. 1-6; Adjustable vaporizer (sections C-E) comprises an atomizer chamber configured to receive the atomizer (consumable comprising aerosol generating material)),
the chamber having an inlet and a length, wherein the inlet has a width and wherein the width of the inlet and the length of the chamber are adjustable ([0031]-[0041], Figs. 1-6; Adjustable vaporizer (sections C-E) comprises an atomizer chamber including an aperture 159 (inlet) through which the atomizer is inserted. [0037]-[0038], Figs. 4-5, 7-8; The components of section C include multiple diameter plates 13, turntable 15, turntable silicone 16, lower cover 17, and rear cover 18. [0044], the components 13, 15, 16, 17, 18 fit together to provide the aperture 159 (inlet) capable of being adjusted to multiple diameters (widths). [0043], Fig. 7; Section D comprises a button adapter base 22. The button adapter base 22 operates to adjust the atomizer chamber depth (length) to allow the adjustable vaporizer to accept atomizers having different lengths); and
a mechanism for configuring the chamber in at least a first configuration and a second configuration; wherein, when the chamber is in the first configuration the width of the inlet is a first width and the length of the chamber is a first length, and when the chamber is in the second configuration the width of the inlet is a second width that is different from the first width and the length of the chamber is a second length that is different from the first length ([0037]-[0038], Figs. 4-5, 7-8; The components of section C include multiple diameter plates 13, turntable 15, turntable silicone 16, lower cover 17, and rear cover 18. [0044], the components 13, 15, 16, 17, 18 fit together to provide an aperture 159 (inlet) capable of being adjusted to multiple diameters (widths). [0048], Rotating the turntable 15 can enlarge or reduce the aperture 159 formed by the six jaws of the diameter plates 13. [0043], [0057], Figs. 7, 9-10; The button adapter base 22 operates to adjust the atomizer chamber depth (length) to allow the adjustable vaporizer to accept atomizers having different lengths. Therefore, the chamber can be configured in a first configuration wherein the width of aperture 159 (inlet) is a first width and the length of the adjustable atomizer chamber 224 is a first length, and a second configuration wherein the width of aperture 159 (inlet) is a second width that is different from the first width and the length of adjustable atomizer chamber 224 is a second length that is different from the first length. Turntable 15 and button adapter base 22 form the mechanism for configuring chamber 224 in the first configuration and the second configuration).
However, Xiaojun does not teach the device wherein the mechanism comprises a moveable linkage, wherein the mechanism is configured so that a single movement of the moveable linkage causes the chamber to change between the first configuration and the second configuration, wherein the mechanism comprises at least one mechanical linkage connecting the moveable member to the movable base of the chamber, wherein the at least one mechanical linkage is arranged so that movement of the movable base from a first base position to a second base position causes the movable member to move from the first member position to the second member position, wherein the mechanism converts linear motion of the movable base to rotational motion of the moveable member.
Yim, directed to aerosol generating devices ([0001]), teaches a non-combustible aerosol provision device for generating aerosol from a consumable comprising aerosol-generating material ([0089]-[0092], Fig. 2; The aerosol-generating device shown in FIG. 2 comprises a main body 10, a mouthpiece 12 and a heating chamber 14 for receiving an aerosol-generating article 18 comprising aerosol-forming substrate), the non-combustible aerosol provision device comprising:
a chamber for receiving a consumable comprising aerosol generating material ([0089]-[0092], Fig. 2; The aerosol-generating device shown in FIG. 2 comprises a heating chamber 14 for receiving an aerosol-generating article 18 comprising aerosol-forming substrate)),
a mechanism for converting a rotational motion of a first component to a linear motion of a second component, wherein the mechanism comprises a moveable linkage ([0093]-[0094], Fig. 2A-C; Transfer shaft 26 and lever rod 28 convert a rotational movement of mouthpiece 12 to a linear movement of piston 30. Shaft 26 and Rod 28 form a movable linkage).
While Yim discloses a movable linkage for converting a rotational motion of a first component to a linear motion of a second component, Yim lacks a mechanism configured so that a single movement of the moveable linkage causes a chamber to change between a first configuration and a second configuration. More broadly, Yim is unrelated to aerosol generating device having adjustable chamber configurations, and lacks a clear motivation to configure the mechanism of Xiaojun so that a single movement of the moveable linkage causes the chamber to change between the first configuration and the second configuration. Additionally, Xiaojun does not provide a linkage between turntable 15 and button adapter base 22 because they are intended to be used separately (Xiaojun, [0031]-[0043], Figs. 1-10). It would not have been obvious to mechanically link turntable 15 and button adapter base 22 because such a mechanical linkage would limit the possible configurations of the chamber of Xiaojun. Therefore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Xiaojun and Yim to meet the claimed limitations because the combination of the references would lack the limitations: “wherein the mechanism comprises a moveable linkage, wherein the mechanism is configured so that a single movement of the moveable linkage causes the chamber to change between the first configuration and the second configuration, wherein the mechanism comprises at least one mechanical linkage connecting the moveable member to the movable base of the chamber, wherein the at least one mechanical linkage is arranged so that movement of the movable base from a first base position to a second base position causes the movable member to move from the first member position to the second member position, wherein the mechanism converts linear motion of the movable base to rotational motion of the moveable member”.
As such, claims 2 and 9-11 are indicated as containing allowable subject matter.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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