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 1-15, 17, 22, and 28-30 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 Group I (claims 1-11) in the reply
filed on 03/17/2026 is acknowledged.
Claims 12-15, 17, 22, and 28-30 are withdrawn as being directed to a non-elected invention.
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2, line 11 should read: “each of the plurality of consumables.[.]”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 7 is 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.
Claim 7 recites the limitation "the proximal adaptor end" in line 8. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination “the proximal adaptor end” is being interpreted as a proximal adaptor end.
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(s) 1-2 and 7-8 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Reevell (EP-3576554-B1, as cited in the IDS dated 07/26/2023).
In regards to claim 1, Reevell directed to an aerosol-generating device (i.e., non-combustible aerosol provision device) and an aerosol-generating system discloses the non-combustible aerosol provision device generates an aerosol from an aerosol-generating material comprised in a consumable (abstract and [0002]), the non-combustible aerosol provision device comprising:
A housing 2 (i.e., receptacle) for receiving a consumable comprising aerosol-generating material ([0002] and [0007]); and
A receiving chamber 3 (i.e., adaptor) comprising a hollow cylindrical portion 31 and hollow cuboid section 32 within the receptacle and configured to adapt the receptacle to receive one at a time each of a plurality of consumables having different sizes (Figures 3-4 and [0065]-[0066]).
In regards to claim 2, Reevell discloses the adaptor comprises:
The adaptor comprising a hollow cylinder body (i.e., first cylindrical body) commencing at a proximal adaptor end of the adaptor and extending towards a distal adapter end, the proximal adapter end being the end of the adapter which is nearest to a user’s mouth when the user inhales while the adaptor is received in the receptacle and the distal adaptor end being the end of the adaptor which is farthest from the user’s mouth when the user inhales during use (Refer to Figure 11 annotated by the Examiner provided below),
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And retention elements 31, for retaining one at a time each of the consumables ([0060]).
In regards to claim 7, Reevell discloses the adaptor comprises:
A bottom wall 34 (i.e., first stop) positioned towards a distal adaptor end to inhibit a movement of a first consumable past the first stopper and is only configured to allow the second type of consumable to go past it to the recess 35 which is further in the direction of the distal adaptor end (Figures 10-11] and [0078]-[0079]), wherein:
The proximal adaptor end is the end of the adaptor which is nearest a user’s mouth during use and the distal adaptor end is the end of the adaptor which is farthest from the user’s mouth when in use (Refer to annotated Figure 10 provided above).
In regards to claim 8, Reevell discloses a recess 35 (i.e., second stop) positioned closer to the distal adaptor end than the first stop and configured to inhibit movement of the second consumable past the second stop in the direction of the distal adaptor end (Figure 11 and [0075]-[0079]).
Claim(s) 1-2 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Acconcia (WO-2020025746-A1, as cited in the IDS dated 07/26/2023, hereinafter referring to the US equivalent US-20210298360-A1).
In regards to claim 1, Acconcia, directed to a system comprising an aerosol-generating device and adapter element, discloses the aerosol-generating device (i.e., non-combustible aerosol provision device) generates an aerosol from an article comprising aerosol-forming substrate (i.e., aerosol-generating material comprised in a consumable) ([0001]-[0003]) comprising:
A heating chamber for receiving the consumable (i.e., receptacle) wherein the
receptacle receives a first consumable and then a second consumable of a different
diameter/shape ([0005]-[0006]); and
An adapter is received within the receptacle for modifying the shape of the receptacle
to optimally fit additional shapes of additional consumables ([0007]).
In regards to claim 2, Acconcia discloses the adaptor comprises a hollow tubular shape (i.e., a first cylindrical body) ([0014]) commencing at a proximal adaptor end of the adaptor and extending towards a distal adapter end, the proximal adapter end being the end of the adapter which is nearest to a user’s mouth when the user inhales while the adaptor is received in the receptacle and the distal adaptor end being the end of the adaptor which is farthest from the user’s mouth when the user inhales during use (Refer to Figure 4 annotated by the Examiner provided below)
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Acconcia further discloses the first cylindrical body comprises a stopper 32 (i.e., first retention element) configured to retain the adaptor element, which holds the consumable and located at the proximal adaptor end (Figure 4).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (EP-3576554-B1, as cited in the IDS dated 07/26/2023), as applied to claim 2 above, and further in view of Fursa et al. (US-20190230989-A1)
In regards to claim 5, Reevell discloses a material forms a cylindrical shape of the first cylindrical body (Figure 4), but does not explicitly disclose the first cylindrical body comprises a fluted material formed into a cylindrical shape wherein the fluted material functions as the retention element.
Fursa directed to an aerosol-generating device, discloses the device comprising a plurality of retention ribs arranged along helicoidal lines within the cavity of the device to retain the consumable inserted into it ([0005]-[0006]).
Fursa further discloses the internal sidewall of the chamber comprise the ribs and form a corrugated wall (i.e., fluted material forms a cylindrical shape) ([0022]).
Fursa further discloses a corrugated internal sidewall of the receiving chamber has the advantageous effect of regularly and basically symmetrically reducing the contact surface with an aerosol-generating article when compared to a smooth wall, where the contact surface is maximum. By this, a conductive heat exchange between the article or at least an aerosol-forming substrate portion of the article and the surrounding wall is reduced and hence condensation and temperature gradient within the article or substrate are reduced. This may establish a more homogenous temperature distribution in a heated portion of the article allowing a more efficient use of aerosol-forming substrate, for example tobacco, for aerosol generation. This effect may particularly be advantageous in peripheral areas of the article ([0022]).
Fursa further discloses the receiving chamber 230 includes, on the inner surface of its side wall, holding ribs 2301 spaced at regular intervals, as shown in FIG. 4. These ribs run along the entire inner surface of the wall, or, in other words, the chamber 230 is corrugated inside ([0069]).
Fursa further discloses the special arrangement of ribs in a receiving chamber of an aerosol-generating device provides a proper retention of the aerosol-forming article as well as channels to ensure air flow passage, wherein the channels are formed between neighboring ribs and possibly also between discontinuous ribs ([0024]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Reevell by modifying the first cylindrical body of Reevell to have a corrugated/fluted material, as taught by Fursa, because both are directed to aerosol generating devices comprises receptacles for retaining consumables, Fursa teaches the ribs corrugated material provides proper retention, create air flow channels, and creates a more homogenous temperature distribution for more efficient use of the consumable ([0022]-[0024]), and this merely involves applying a known technique of using a fluted material within a cylindrical body of a similar device to yield predictable results.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (EP-3576554-B1, as cited in the IDS dated 07/26/2023), as applied to claim 1 above, and further in view of Acconcia (WO-2020025746-A1, as cited in the IDS dated 07/26/2023, hereinafter referring to the US equivalent US-20210298360-A1).
In regards to claim 9, Reevell discloses the adaptor 3 is in the shape of a tube (i.e., comprises a tube). Refer to Figures 16-17 provided below.
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Reevell further discloses a first retention structure 34 for holding a first type of consumable one at a time in a position and located closer to the user’s mouth during use of the device (Figure 4 and [0078]).
Reevell further discloses a second retention member 35 for holding the second-type of consumable in position at a location towards a distal end of the tube (annotated Figure 11 provided above) ([0077]).
Reevell does not explicitly disclose a first retention member formed towards a proximal adaptor end of the tube.
Acconcia, directed to a system comprising an aerosol-generating device and adapter element, discloses the aerosol-generating device (i.e., non-combustible aerosol provision device) generates an aerosol from an article comprising aerosol-forming substrate (i.e., aerosol-generating material comprised in a consumable) ([0001]-[0003]) comprising:
A heating chamber for receiving the consumable (i.e., receptacle) wherein the
receptacle receives a first consumable and then a second consumable of a different
diameter/shape ([0005]-[0006]); and
An adapter is received within the receptacle for modifying the shape of the receptacle
to optimally fit additional shapes of additional consumables ([0007]).
Acconcia further discloses the adaptor comprises a hollow tubular shape (i.e., a first cylindrical body) ([0014]) commencing at a proximal adaptor end of the adaptor and extending towards a distal adapter end, the proximal adapter end being the end of the adapter which is nearest to a user’s mouth when the user inhales while the adaptor is received in the receptacle and the distal adaptor end being the end of the adaptor which is farthest from the user’s mouth when the user inhales during use (Refer to Figure 4 annotated by the Examiner provided below)
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Acconcia further discloses the first cylindrical body comprises a stopper 32 (i.e., first retention element) configured to retaining the adapter during insertion into the heating chamber and located at the proximal adaptor end (Figure 4).
Acconcia further discloses the stopper retains the adapter from being further inserted into the heating chamber and may be configured for removing the adaptor element ([0023]-{0024]).
Acconcia further discloses the stopper can aid the removal of the adaptor from the heating chamber and may aid the second type of consumables being fully inserted ([0023] and [0027]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Reevell by modifying the first retention structure to be formed towards a proximal end of the tube, as taught by Acconcia, because both are directed to aerosol generating devices comprising adaptors and receptacles, Acconcia teaches the first retention structure aids removal and retention of the adaptor, and thus the consumable ([0023]), and this merely involves applying a known technique of using a retention member and applying it to a known location of a similar device to yield predictable results.
Allowable Subject Matter
Claims 3, 6, and 10 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: Regarding claim 3, no prior art alone or in combination with references discloses a retention element as defined in claim 2, comprising two or more resilient protrusions that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Regarding claim 6, no prior art alone or in combination with references discloses a retention element as defined in claim 2, comprising a plurality of resilient fingers which are deformable to accommodate and hold in position, one at a time, the plurality of consumables.
Regarding claim 10, no prior art alone or in combination with references discloses a first and second retention structure as defined in claim 9, comprising two or more resilient protrusions that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Reevell (EP-3576554-B1, as cited in the IDS dated 07/26/2023), directed to an aerosol-generating device (i.e., non-combustible aerosol provision device) and aerosol-generating system discloses the non-combustible aerosol provision device generates an aerosol from an aerosol-generating material comprised in a consumable (abstract and [0002]), the non-combustible aerosol provision device comprising:
A housing 2 (i.e., receptacle) for receiving a consumable comprising aerosol-generating material ([0002] and [0007]); and
A receiving chamber 3 (i.e., adaptor) comprising a hollow cylindrical portion 31 and hollow cuboid section 32 within the receptacle and configured to adapt the receptacle to receive one at a time each of a plurality of consumables having different sizes (Figures 3-4 and [0065]-[0066]).
Reevell discloses the retention element of claim 2 and a cavity created by the first cylindrical body (Figure 16), but Reevell does not explicitly disclose the retention element comprises two or more resilient protrusions extending from the first cylindrical body into a cavity defined by the first cylindrical body, wherein the resilient protrusions are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables. Therefore, Reevell differs from the instant invention in that Reevell does not teach an adaptor comprising a retention structure comprising two or more resilient protrusions or a plurality of fingers that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Hepworth et al. (US 20190254346 A1, as cited in the IDS dated 07/26/2023), directed to a receptacle section for an aerosol provision system ([0005]), discloses the receptacle section arranged to receive an element for generating an aerosol (i.e., consumable) ([0005]).
Hepworth further discloses the receptacle section may be arranged to allow insertion and or removal of the consumable based on the configuration of the receptacle based when moved to first and second portions (i.e., adaptor) ([0008]-[0009]).
Hepworth further discloses the first portion 302a comprises a plurality of resilient members 338 that are generally flat and arranged side by side around the inner wall of the housing of the adaptor ([0096]). The adaptor has a first cylindrical body (the tube shape in Figures 3a-3b) and the resilient members (i.e., resilient protrusions) extend from the first cylindrical body into a cavity defined by the first cylindrical body. Refer to Figure 3b annotated by the Examiner provided below.
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Hepworth further discloses the resilient protrusions are restricted from moving until the user wants to either insert a new consumable or remove the current consumable, and that when a user wishes to insert a new consumable, the user pushes the housing 302b to slide substantially parallel to the longitudinal axis of the device 300, which causes each of the resilient protrusions to protrude out (i.e., deformable) of an open end 334 of the housing 302b. The resilient protrusions define between them a radial dimension D (i.e., cavity) of the receiving region 340 for allowing the consumable 324 to be inserted into (and/or removed from) the receiving region 340 (i.e., the resilient protrusions are deformable to hold each of the plurality of consumables one at a time) ([0097]).
While Hepworth discloses a receptacle for receiving a plurality of consumables comprising deformable protrusions/fingers, Hepworth does not explicitly disclose an adaptor comprising the protrusions/fingers and does not teach the plurality of consumables having different sizes as defined in claims 1 and 2, which the claims depend from. Further, the device of Hepworth cannot be applied to the device of Reevell because Hepworth’s receptable includes housing that separates and moves away from the original housing which is not taught in Reevell and cannot reasonably be applied to Reevell.
Acconcia (WO-2020025746-A1, as cited in the IDS dated 07/26/2023, hereinafter referring to the US equivalent US-20210298360-A1), directed to a system comprising an aerosol-generating device and adapter element, discloses the aerosol-generating device (i.e., non-combustible aerosol provision device) generates an aerosol from an article comprising aerosol-forming substrate (i.e., aerosol-generating material comprised in a consumable) ([0001]-[0003]) comprising a heating chamber for receiving the consumable (i.e., receptacle) wherein the
receptacle receives a first consumable and then a second consumable of a different
diameter/shape ([0005]-[0006]).
Acconcia further discloses an adapter is received within the receptacle for modifying the shape of the receptacle to optimally fit additional shapes of additional consumables ([0007]).
Acconcia differs from the instant invention in that Acconcia does not explicitly discloses a retention structure comprising two or more resilient protrusions or a plurality of fingers that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables.
Lu et al. (US-20230329342-A1) directed to a vapor generation device, discloses the vapor generation device configured to heat an aerosol-forming article to generate an aerosol for inhalation (abstract).
Lu further discloses the device including a housing, where the housing is internally provided with: a cavity; at least one heater, configured to heat the aerosol-forming article; and a support mechanism, constructed to surround at least a part of the cavity, where an inner surface of the support mechanism is provided with a plurality of first protrusions and a plurality of second protrusions spaced along a circumferential direction to clamp the aerosol-forming article received in the cavity; and the plurality of first protrusions and the plurality of second protrusions are arranged sequentially along an axial direction of the support mechanism. The vapor generation device simultaneously clamps the aerosol-forming article at different heights through double-layer protrusions inside, so that the aerosol-forming article can be stably received in the vapor generation device, and transfer heat with a heater (abstract).
Lu differs from the instant invention in that Lu does not disclose an adaptor for adapting the receptacle to receive each of a plurality of consumables having different sizes and does not teach the resilient protrusions/fingers are deformable to hold each of the plurality of consumables having different sizes.
As such, no prior art appears to disclose or reasonably suggest an adaptor comprising a retention structure comprising two or more resilient protrusions, or a plurality of fingers, that are deformable to accommodate and hold therebetween, one at a time, each of the plurality of consumables, as recited in claims 3, 6, and 10 and therefore claims 3, 6, and 10 are indicated as having allowable subject matter. Claims 4 and 11 are indicated as being allowable by virtue of their dependency on claims 4 and 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5.
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/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755