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 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.
Claims 1-3 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dick et al. (US 2020/0205478).
Claims 1 and 8. Dick et al. discloses an electronic cigarette comprising a liquid reservoir 18 (reservoir configured to store an aerosolizable material) and an adding device (vapor generation unit) connected to the liquid reservoir for generating vapor and/or aerosol from liquid extracted from the liquid reservoir, and adding the vapor and/or aerosol to an air flow flowing in the air channel. The adding device is at least partly a micro-system unit (micro electro-mechanical system) (Abstract). Evaporator component 23 is connected or bonded to the atomiser component 22 (printed circuit board) (evaporator component 23 and atomizer component 22 are both parts of the vapor generation unit) ([0070]; Figure 6). A preheating means comprising a preheating element 46 (heater) and a preheating chamber 47 is arranged in the liquid channel 27 ([0069]; Figure 6 wherein preheating element 46 is attached to atomiser component 22). Control assembly 29 actuates the adding device 20 in order to add liquid 50 from the liquid tank 18 into the air flow 34 as an addition 40 in the form of small liquid droplets as mist/aerosol and/or in a gaseous form as vapour ([0029]). The air flow 34 produced by the user flows through the adding device 20 and the adding device thereby carries the vapour or aerosol produced in the evaporator chamber 24. For this purpose, an air inlet opening 42 and an air outlet opening 43 are provided in the adding device 20 ([0068]; Figure 6). The atomiser component 22 (printed circuit board) comprises two parallel extending parts of the board as shown in Figure 6, wherein a spacer is attached to one (a coverboard) so as to form preheating chamber 47 and liquid channel 27 (voids) between the atomizer board (daughterboard) to which atomizer 48 and preheating element 46 are attached, and the cover board (Figure 6).
Claims 2 and 3. Dick et al. discloses atomiser component 22, in particular the liquid channel 27, the electrical actuator 25 and optionally a sensor system provided in the atomiser component 22 are incorporated into the substrate 38 in a single processing operation of microsystem technology. In the case of an evaporator component 23, in particular the heating element 36 and optionally a piezo element for vibrating the heating element 36 and a sensor system arranged in the evaporator component 23 are incorporated into the substrate 38 in a single processing operation of microsystem technology ([0065]; Figure 6 wherein preheating element 46 is a heating film/resistive layer adapted to be heated when power is applied).
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Dick et al. (US 2020/0205478) in view of Atkins et al. (US 2020/0114094).
Claims 4 and 5. Dick et al. discloses the device of claim 1 but does not explicitly disclose that the heater comprises a coating layer made of a material adapted to prevent chemical reactions with the aerosolizable material.
Atkins et al. discloses a heating element for a vaporizer cartridge wherein the heating element 100 may be electroplated with silver ink and/or spray coated with one or more plating materials, such as the adhering plating material and the outer plating material ([0164]).
Atkins et al. teaches that the heating element 100 may be plated with a coating in one or more locations on a surface of the substrate material to enhance, limit, or otherwise alter the resistivity of the heating element in the one or more locations of the substrate material which can be all or a portion of the heating element 100 ([0140]). It would have been obvious to one of ordinary skill in the art before the effective filing date that the preheating element 46 (heater) of Dick et al. may be electroplated with silver ink as taught by Atkins et al. in order to enhance, limit, or otherwise alter the resistivity of the heating element in the one or more locations.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Dick et al. (US 2020/0205478).
Claim 7. Dick et al. discloses the device of claim 1, but does not explicitly disclose that the heater matches the dimensions and a shape of the void. However, changes in shape are considered a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant (See MPEP §2144.04(IV)(B)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date that the shape of preheating element 46 (heater) of Dick et al. may be modified so as to match the dimensions and shape of the void as a matter of design choice.
Allowable Subject Matter
Claims 6, 9, 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: The closest prior art is Dick et al. (US 2020/0205478). Dick et al. discloses the device of claims 1 and 8 but does not disclose wherein the vapor generation unit is mounted on the printed circuit board, the heater is mounted to the cover board, or wherein the vapor generation unit is mounted on the daughterboard, the daughterboard being configured to provide an exit for the aerosolizable material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747