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 .
DETAILED ACTION
Response to Amendment
Examiner acknowledges the reply filed on 2/08/2016 in which claims 1-2, 5-7, 10, 12-13, 18 and 20 have been amended. Claims 21-23 have been added. Claims 4, 17 and 19 are cancelled. Currently claims 1-3, 5-16, 18 and 20-23 are pending for examination in this application.
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) 1-2, 5-6, 8-9, 11-13, 15-16, 18 and 20-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Batista (US 2017/0360095 A1).
Regarding claim 1, Batista discloses:
An inhaler (abstract) for inhaling an aerosol [0001], comprising:
a container (18) configured to store a liquid [0056];
an evaporator device (24+48), including an electric evaporator [0026] configured to evaporate the liquid to produce the aerosol [0026];
wherein the evaporator device (24+48) further including a receiving structure (52, 50) having a predetermined total volume for receiving the liquid [0062]; and
a controller [0039];
wherein the inhaler is adjustable between a filling state (figure 6, 8) and to an evaporation state (figure 7);
wherein, in the filling state, the receiving structure (52 50) and the container (18) are fluidically connected to one another such that the liquid stored in the container (18) is flowable into the receiving structure [0062];
wherein, in the evaporation state, the receiving structure (52, 50) and the container (18) are fluidically separated from one another such that the liquid is not flowable from the container into the receiving structure [0063]; and
wherein the controller is configured to electrically supply the evaporator in the evaporation state such that the liquid received in the receiving structure evaporates [0039].
Regarding claim 2, Batista further discloses wherein the controller is further configured to interrupt the electrical supply of the electric evaporator in the filling state (as set forth in [0039] the heater works based on puffs and in the filling state there is no puff as movement to second position (evaporation state) occurs during a puff [0057]).
Regarding claim 5, Batista further discloses wherein the evaporator (24+48) includes the receiving structure (52 50; see figures 6, 7).
Regarding claim 6, Batista further discloses wherein the electric evaporator is an electrically conductive evaporator ceramic [0026] [0030].
Regarding claim 8, Batista further discloses wherein the evaporator device (24+48) and the container (18) for adjusting between the filling state and the evaporation state, are moveable relative to one another (see figures 6-7; [0057]).
Regarding claim 9, Batista further discloses wherein the container (18) includes a container outlet (opening shown in figure 7); the evaporator device (24+48) further includes a seal (50, 58) adjoining a receiving surface (surface of 52) of the receiving structure (see figures 6-7); the receiving surface, in the filling state, adjoins the container outlet and the receiving structure and is fluidically connected to the container (figure 6); and the seal seals the container outlet in the evaporation state (figure 7; [0063]).
Regarding claim 11, Batista further discloses wherein the container (18) includes an inner contour (inner contour of 18 shown in figures 6-7), which includes the container outlet (see figure 6-7); and the evaporation device (48+24), for adjusting between the filling state and the evaporation state, is guided along the inner contour (see figures 6-7; [0063]).
Regarding claim 12, Batista further discloses wherein the container is structured as a cylinder (figures 1a, 1b, 6, 7) in which the evaporator device is guided in a manner of a piston (see figures 6-7).
Regarding claim 13, Batista further discloses wherein the container (18) forms a chimney for the liquid evaporated with the electric vaporizer (see figure 1b).
Regarding claim 15, Batista further discloses a replaceable unit (figure 2) for the inhaler according to Claim 1, wherein the replaceable unit comprising the container (18) and the evaporator device ([0060] explains nozzle 30 of figure 2, and figures 6-7 is a different embodiment [0062] of nozzle 30 which include the evaporator device 24 48) [0041].
Regarding claim 16, Batista further discloses a unit communications interface (electric components, power supply) which, in a state received in the inhaler, is communicatingly connected to a controller control device communications interface of the controller [0038]-[0039].
Regarding claim 18, Batista discloses:
An inhaler (abstract) for inhaling an aerosol [0001], comprising:
a container (18) configured to store a liquid [0056];
an evaporator (24+48), including an evaporator ceramic configured to evaporate the liquid to produce the aerosol [0026];
a receiving structure (52, 50) having a predetermined total volume for receiving the liquid [0062];
a controller [0039] configured to supply electricity to the evaporator ceramic [0039];
wherein the inhaler is adjustable to:
a filling state (figure 6, 8) in which the receiving structure (52 50) and the container (18) are fluidically connected to one another such that the liquid stored in the container (18) is flowable into the receiving structure [0062]; and
an evaporation state (figure 7) in which (i) the receiving structure (52, 50) and the container (18) are fluidically separated from one another such that the liquid is not flowable from the container into the receiving structure [0063] and (ii) the controller supplies electricity to the evaporator to evaporate the liquid received in the receiving structure [0039]; and
wherein the container and the evaporator are coupled to one another when the inhaler is in the filling state and when the inhaler is in the evaporation state (see figures 6-8).
Regarding claim 20, Batista further discloses wherein:
the evaporator (24+48) an the container (18) are movable relative to each other (see figures 6-7);
when the inhaler is in the filling state (figures 6 8), the evaporator and he container are disposed in a filling position [0062]; and
when the inhaler is in the evaporation state (figure 7), the evaporator and the container are disposed in an evaporation position [0063] that is different from the filling position (see figure 7).
Regarding claim 21, Batista discloses:
An inhaler (abstract) for inhaling an aerosol [0001], comprising:
a container (18) configured to store a liquid [0056];
an evaporator device (24+48), including an electric evaporator [0026] configured to evaporate the liquid to produce the aerosol [0026];
the evaporator device (24+48) further including a receiving structure (52, 50) having a predetermined total volume for receiving the liquid [0062]; and
a controller [0039];
wherein the inhaler is adjustable between a filling state (figure 6, 8) and to an evaporation state (figure 7);
wherein, in the filling state, the receiving structure (52 50) and the container (18) are fluidically connected to one another such that the liquid stored in the container (18) is flowable into the receiving structure [0062];
wherein, in the evaporation state, the receiving structure (52, 50) and the container (18) are fluidically separated from one another such that the liquid is not flowable from the container into the receiving structure [0063]; and
wherein the controller is configured to electrically supply the evaporator in the evaporation state such that the liquid received in the receiving structure evaporates [0039],
wherein the evaporator device (24+48) and the container (18), for adjusting between the filling state and the evaporation state, are moveable relative to each other (see figures 6-7),
wherein the container includes a container outlet (where 54 is located in figure 7);
wherein the evaporator device further includes a seal (50, 58) adjoining a receiving surface (surface of 52) of the receiving structure (see figures 6-7);
wherein the receiving surface, in the filling state, adjoins the container outlet and the receiving structure and is fluidically connected to the container (figure 6); and
wherein the seal seals the container outlet in the evaporation state (figure 7; [0063]).
Regarding claim 22, Batista further discloses wherein the evaporator device is adjustably arranged in the container (between figure 6 and figure 7 the evaporator device as set forth above is adjustable).
Regarding claim 23, Batista further discloses wherein the evaporator device is disposed at least partially in the container when the inhaler is in the filling state and when the inhaler is in the evaporation state (see figures 6 and 7).
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 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(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Batista (US 2017/0360095 A1) in view of Liu et al. (WO 2010/118644 A1)
Regarding claim 7, Batista does not explicitly disclose: the inhaler further comprising (i) at least one blocking conductor and (ii) two electrical connections for an electrical supply of the evaporator ceramic, wherein:
the evaporator ceramic is configured to during operation and upon electrical supply, homogeneously provide heat in a thermal operating range between an operation starting temperature and an operation end temperature for evaporating the liquid received in the receiving structure,
an electrical current path for the electrical supply of the evaporator ceramic extends through the two electrical connections and through the evaporator ceramic,
the at least one blocking conductor is arranged in the current path and is heat-transmittingly connected to the evaporator ceramic; and
the at least one blocking conductor is configured such that when the operation end temperature is exceeded, an electrical resistance of the at least one blocking conductor abruptly increases.
However, Liu teaches an inhaler (abstract-cigarette; figure 3) comprising (i) at least one blocking conductor (implicit in a positive temperature coefficient resistance heater as per page 3 last paragraph) and (ii) two electrical connections for an electrical supply of the evaporator ceramic (as shown in figure 4), wherein:
an evaporator ceramic (porous ceramic resistance heater; page 3, last paragraph) is configured to during operation and upon electrical supply, homogeneously provide heat in a thermal operating range between an operation starting temperature and an operation end temperature for evaporating the liquid received in a receiving structure (liquid suction head 10; page 3, paragraph 4 starting with “The invention”) (last paragraph of page 3: positive temperature coefficient resistance heater positive temperature coefficient of the Curie temperature of the resistance is between 70-200 degrees Celsius),
an electrical current path (see figure 4) for the electrical supply of the evaporator ceramic extends through the two electrical connections and through the evaporator ceramic (figure 4),
the at least one blocking conductor is arranged in the current path and is heat-transmittingly connected to the evaporator ceramic (figure 4, page 3, last paragraph); and
the at least one blocking conductor is configured such that when the operation end temperature is exceeded, an electrical resistance of the at least one blocking conductor abruptly increases (implicit when the Curie temperature is exceeded as per page 3, last paragraph).
It would be obvious to have modified Batista as taught by Liu to include (i) at least one blocking conductor and (ii) two electrical connections for an electrical supply of the evaporator ceramic, wherein:
the evaporator ceramic is configured to during operation and upon electrical supply, homogeneously provide heat in a thermal operating range between an operation starting temperature and an operation end temperature for evaporating the liquid received in the receiving structure,
an electrical current path for the electrical supply of the evaporator ceramic extends through the two electrical connections and through the evaporator ceramic,
the at least one blocking conductor is arranged in the current path and is heat-transmittingly connected to the evaporator ceramic; and
the at least one blocking conductor is configured such that when the operation end temperature is exceeded, an electrical resistance of the at least one blocking conductor abruptly increases in order to provide an electrical circuit that can vaporize a substance (abstract).
Allowable Subject Matter
Claims 3, 10, 14 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 prior art does not teach or disclose the limitations set forth in claims 3, 10 nor 14.
Response to Arguments
Applicant’s arguments with respect to the 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
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/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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