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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Figures: The examiner provides illustrations from the prior art with additional annotations as needed to facilitate discussion of the claim elements. Moreover, it is held that guidance as provided by the figures is sufficient to enable public possession of an inventive concept. That is, an enabling picture may be used to reject claims directed to an article to include: anticipating claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). And when the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979), see MPEP 2125.The examiner provides marked-up reproductions of applicable drawings (as needed) to facilitate discussion of the prior art.
Claims 1, 3-4, 15, 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moloney et al. (US 2020/0383378 A1).
Moloney discloses an aerosol provision system to include a cartridge 500 – (construed as a vaporizer), comprising:
[AltContent: arrow][AltContent: textbox (Second porous substrate portion spaced apart)][AltContent: arrow][AltContent: textbox (First liquid absorbing surface)][AltContent: arrow][AltContent: textbox (First porous substrate portion spaced apart)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First heating element)][AltContent: textbox (Second heating element)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second vaporization surface)][AltContent: textbox (First vaporization surface)][AltContent: textbox (Second liquid absorbing surface)][AltContent: textbox (First porous substrate)][AltContent: textbox (second porous substrate)]
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an air inlet 519, an air outlet the outermost end of 518, and an airflow channel 518 from the air inlet to the air outlet; a liquid storage cavity 520, for storing a liquid aerosol-forming substrate;
a wick 530 – (construed as a first porous substrate), comprising: a first liquid absorbing surface and a first vaporization surface opposite the first liquid absorbing surface, wherein the first liquid absorbing surface is in fluid communication with the liquid storage cavity, and a first heating element configured to heat the liquid aerosol-forming substrate is formed on the first vaporization surface, see annotated FIG. 6 above;
a wick 530 – (construed as a second porous substrate), comprising: a second liquid absorbing surface and a second vaporization surface opposite the second liquid absorbing surface, wherein the second liquid absorbing surface is in fluid communication with the liquid storage cavity, and a second heating element configured to heat the liquid aerosol-forming substrate is formed on the second vaporization surface, see annotated FIG. 6 above;
a support member 540 – (construed as a holder, configured to hold the first porous substrate and the second porous substrate); wherein both the first vaporization surface and the second vaporization surface are in a flat shape and exposed to the airflow channel 518; and wherein the first porous substrate and the second porous substrate are spaced apart from each other such that the first vaporization surface and the second vaporization surface are spaced apart from each other in a circumferential direction around a part of the airflow channel, see annotated FIG. 6 above.
Regarding claims 3-4, Moloney discloses the first vaporization surface, and the second vaporization surface are arranged in parallel with an extending direction of the airflow channel; and arranged in a face to face manner, see annotated FIG. 6 above.
Regarding claim 15, Moloney discloses the aerosol provision system – (construed as an electronic vaporization device) to include a reusable device part 400 having a battery 420 – (construed as a power supply) which heats the heater 550, see at least [0068] – (construed as configured to supply power to the vaporizer).
Regarding claim 18, Moloney discloses the liquid storage cavity comprises a first liquid storage cavity and a second liquid storage cavity; the first liquid storage cavity is for storing a first liquid aerosol-forming substrate, the first liquid absorbing surface is in fluid communication with the first liquid storage cavity, and the first heating element is configured to heat the first liquid aerosol-forming substrate; and the second liquid storage cavity is for storing a second liquid aerosol-forming substrate, the second liquid absorbing surface is in fluid communication with the second liquid storage cavity, and the second heating element is configured to heat the second liquid aerosol-forming substrate, see the annotated FIG. 6 above.
Regarding claim 19, under the broadest reasonable interpretation afforded the examine, Moloney discloses the composition of the first liquid aerosol-forming substrate and composition of the second liquid aerosol-forming substrate are the same.
Allowable Subject Matter
Claims 5-7, 9-13 and 20 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 closest prior art is Moloney. However, the reference does not teach or reasonably suggest the claimed structure and/or functionality of claims 5-7, 9-13 and 20.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEDRICK S WILLIAMS whose telephone number is (571) 272-9776. The examiner can normally be reached on Monday - Thursday 8:00am-5:00pm.
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, Katelyn Smith can be reached on (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/CEDRICK S WILLIAMS/Primary Examiner, Art Unit 1749
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