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 § 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.
Claims 14 and 15 are 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 14 recites the limitation "the first liquid flow path" in line 4. There is insufficient antecedent basis for this limitation in the claim. It appears that "the first liquid flow path" is referring to the "fluid flow path" of claim 1. Examiner suggests reciting the flow path in claim 1 as --the first liquid flow path--.
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 1-4, 7-9, 11, 13-16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thorens (WO 2011050943).
Regarding claim 1, Thorens discloses an electronic smoking device for generating an inhalable aerosol (smoking system 100, Fig. 1),
wherein the electronic smoking device comprises a mouth piece (air outlet 125) and a body section (middle section, Fig. 1), the body section comprising a substance cartridge with an aerosolizable substance (cartridge 113 containing liquid 115), a heating section (a capillary wick 117 with heating coil 119), and a hull (outer housing),
wherein the heating section is arranged in between the mouth piece and the substance cartridge, and wherein the heating section is heatable to aerosolize the aerosolizable substance (see Figs. 1 and 2 wherein capillary tube/heating coil is between liquid cartridge and air outlet; capillary tube; pg 12),
wherein, the heating section comprises a porous material and a heating element to heat the porous material (capillary wick is made of sponge-like material, has porosity, and can be made of ceramic materials; pg 3, lines 3+), wherein the porous material further comprises a cavity which creates a fluid flow path from the substance cartridge to the mouth piece (capillary wick is rod shape with plurality of small bores or tubes through which liquid is transported; pg 3, lines 3+; liquid passes from cartridge through capillary flow path to air outlet).
Regarding claim 2, Thorens discloses a capillary tube with heating coil on outside (pg 3; Fig. 1).
Regarding claim 3, Thorens discloses a sensor to detect airflow indicative of a user taking a puff (bottom pg 9-pg 10).
Regarding claim 4, the aerosolizable substance is releasable from the cartridge into the cavity (fluid flows from cartridge into tube, Fig. 1, 2, pg 3).
Regarding claim 7, Thorens discloses a sensor to detect airflow indicative of a user taking a puff (bottom pg 9-pg 10)--thus, the sensor detects a consumer interaction with the device and reads on an activation sensor. Thorens also discloses a manually activated switch (pg 10).
Regarding claim 8, Thorens discloses a manually activated switch and an airflow sensor (pg 9-10) and release of the aeroslizable substance is based on signals from the sensors (heating element heats capillary tube which causes substance to leave the cartridge and aerosolize).
Regarding claims 9 and 19, Thorens discloses sintered powder such as ceramic based material (pg 3).
Regarding claim 11, Thorens discloses the aerosolizable substance is aerosolizable by contact with the heated porous material which releases along the fluid flow path (flow path through the capillary tube, Fig. 2; pg 12).
Regarding claim 13, Thorens discloses a second flow path in the body section between the hull and the porous material (see flow lines in Fig. 2 and Fig. 3a).
Regarding claim 14, the porous material connects the first liquid flow path (through the capillary tube) and the second liquid flow path (flow lines outside the capillary tube) and functions as a third flow path (porous tube material and capillary exit; pg 12).
Regarding claim 15, Thorens discloses the porous material is heated, aerosolizable substance is released from the cartridge into the cavity and aerosolized, and air is drawn by the user through the device where the aerosol is mixed and released into the mouthpiece (see Fig. 2, pg 12).
Regarding claim 16, Thorens discloses an air inlet 123.
Claims 1-4, 6-9, 11, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hawes (WO 2018/020039).
Regarding claim 1, Hawes discloses an electronic smoking device for generating an inhalable aerosol (pg 5, lines 1-11; Figs. 1,2),
wherein the electronic smoking device comprises a mouth piece (mouth-end insert 20) and a body section (middle/third section 73), the body section comprising a substance cartridge with an aerosolizable substance (reservoir 14), a heating section (capillary tube 18), and a hull (outer cylindrical housing 22),
wherein the heating section is arranged in between the mouth piece and the substance cartridge, and wherein the heating section is heatable to aerosolize the aerosolizable substance (see Fig. 2 wherein capillary tube 18 is between reservoir and mouth piece; capillary tube acts as a heater, pg 5, lines 27-37),
wherein, the heating section comprises a porous material and a heating element to heat the porous material (capillary tube is porous ceramic materials coated with film resistive material, pg 5, line 33), wherein the porous material further comprises a cavity which creates a fluid flow path from the substance cartridge to the mouth piece (capillary tube has cavity in which pre-vapor formulation flows and is volatized, pg 6, lines 11-24).
Regarding claim 2, Hawes discloses a capillary tube in the form of porous ceramic materials coated with film resistive material (pg 5, line 33). Fluid flows within the tube (pg 6, line 11-24).
Regarding claim 3, Hawes discloses a puff sensor that detects a pressure gradient caused by puffing by the user (pg 6, lines 11-13)--thus, the sensor detects fluid flow inside the device and reads on a flow sensor.
Regarding claim 4, the aerosolizable substance is releasable from the cartridge into the cavity (fluid flows from reservoir into tube, pg 6, lines 11-24; see Fig. 2).
Regarding claim 6, Hawes discloses in a second embodiment wherein a pressurization arrangement 405 is configured to apply a constant pressure to the reservoir 14 to facilitate emission of vapor (Fig. 3; pg 8, lines 1-7). This embodiment also comprises a heating section (capillary tube as heater) and flow path.
Regarding claim 7, Hawes discloses a puff sensor that detects a pressure gradient caused by puffing by the user (pg 6, lines 11-13)--thus, the sensor detects a consumer interaction with the device and reads on an activation sensor. Alternatively, Hawes discloses a pressure switch 44 which responds to a customer squeezing the reservoir (pg 6, lines 17-24).
Regarding claim 8, Hawes discloses an activation sensor (pressure switch 44) and a flow sensor (puff sensor) and release of the aeroslizable substance is based on signals from the sensors (heating element heats capillary tube which causes substance to leave the cartridge and aerosolize).
Regarding claims 9 and 19, Hawes discloses the tube is made of a material that retains the necessary structural integrity at operating temperatures and recites ceramic (pg 5, lines 29-34).
Regarding claim 11, Hawes discloses the aerosolizable substance is aerosolizable by contact with the heated porous material which releases along the fluid flow path (pg 6, lines 11-24).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Thorens (WO 2011050943) as applied to claim 1 above, and further in view of Hawes (WO 2018/020039).
Regarding claim 6, Thorens does not disclose a pressure generating mechanism by which the aerosolizable substance is displaceable from the substance cartridge; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the device with a pressure generating mechanism as claimed since Hawes, similarly directed towards an electronic smoking device, discloses providing a pressurization arrangement 405 configured to apply a constant pressure to the reservoir 14 to facilitate emission of vapor (Fig. 3; pg 8, lines 1-7).
Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Thorens (WO 2011050943).
Regarding claims 10 and 18, Thorens discloses sintered powder and ceramic (pg 3). The material being heatable by the heating element to a temperature of 200 to 350C or 200 to 290C is considered to be anticipated or rendered obvious to a person having ordinary skill in the art prior to the effective filing date of the invention by Thorens's disclosure of the porous material being a ceramic (pg 3). Examiner notes that the instant application recites the ceramic as a high temperature material. Furthermore, the recitation of an operating temperature of the electronic smoking device concerns the manner in which the device is intended to be operated.
Claims 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Thorens (WO 2011050943) as applied to claim 1 above, and further in view of Chen (CN 112047753, with English machine translation).
Regarding claims 12 and 17, Thorens discloses a porous ceramic but does not disclose the particle size. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the porous ceramic as sintered particles of 1 to 80 micrometers or 1 to 20 micrometers as claimed since Chen, similarly directed towards porous ceramics for electronic cigarettes ([0004,0028]), teaches configuring the particle size of the ceramic powder as 1 to 180 μm to provide better compactness, which is beneficial for obtaining porous ceramics with good compressive strength ([0013]; ceramics are formed by sintering, [0008-0010]), said range overlapping the claimed range.
Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hawes (WO 2018/020039).
Regarding claims 10 and 18, Hawes discloses ceramic as the porous material. The material being heatable by the heating element to a temperature of 200C to 350C or 200C to 290C is considered to be anticipated or rendered obvious to a person having ordinary skill in the art prior to the effective filing date of the invention by Hawes's disclosure of the porous material being a ceramic (pg 5, line 33). Examiner notes that the instant application recites the ceramic as a high temperature material. Furthermore, the recitation of an operating temperature of the electronic smoking device concerns the manner in which the device is intended to be operated.
Claims 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hawes (WO 2018/020039) as applied to claim 1 above, and further in view of Chen (CN 112047753, with English machine translation).
Regarding claims 12 and 17, Hawes discloses a porous ceramic but does not disclose the particle size. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the porous ceramic as sintered particles of 1 to 80 micrometers or 1 to 20 micrometers as claimed since Chen, similarly directed towards porous ceramics for electronic cigarettes ([0004,0028]), teaches configuring the particle size of the ceramic powder as 1 to 180 μm to provide better compactness, which is beneficial for obtaining porous ceramics with good compressive strength ([0013]; ceramics are formed by sintering, [0008-0010]), said range overlapping the claimed range.
Claims 1, 4, 5, 9-11, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fernando (WO 2016/096497) in view of Levin (US 2013/0298905).
Regarding claim 1, Fernando discloses an electronic smoking device for generating an inhalable aerosol (Fig. 2; pg 1, lines 28+),
wherein the electronic smoking device comprises a mouth piece (air outlet 24, pg 10, line 25-27) and a body section (portion below mouthpiece), the body section comprising a substance cartridge with an aerosolizable substance (liquid storage portion 30), a heating section (heating element 26 / contacts 46 / substrate 44), and a hull (cartridge housing 21),
wherein the heating section is arranged in between the mouth piece and the substance cartridge, and wherein the heating section is heatable to aerosolize the aerosolizable substance (see Fig. 2 wherein heating element 26 is between liquid storage portion 30 and air outlet/mouth piece 24; capillary tube acts as a heater, pg 5, lines 27-37).
Fernando discloses the heating element as a metal mesh (pg 10, line 14-15) and does not disclose the heating section comprises a porous material and a heating element to heat the porous material, wherein the porous material further comprises a cavity which creates a fluid flow path from the substance cartridge to the mouth piece. In the same field of endeavor of electronic cigarettes, Levin discloses that a disc of porous ceramic coated with metal is an alternative heating element to metal wire ([0049-0050]). Levin discloses the metal coated ceramic can be turned into a honeycomb like heater with the entire interior surface acting to emit heat ([0050]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have substituted the metal wire mesh of Fernando with a metal coated porous ceramic taught by Levin since (1) Levin discloses the metal coated ceramic as an art recognized alternative to metal wire as a heat source ([0049-0050]) and (2) Levin discloses the ceramic can be turned into a honeycomb structure that provides an interior surface that emits heat ([0050]). Additionally, Levin discloses PTC ceramics can be used to act as a thermostat ([0050]).
Under this combination, the heating section would comprise a porous material (porous ceramic) and a heating element (metal coating) to heat the porous material. The material comprises a cavity which creates a fluid path (porous honeycomb structure would permit fluid flow between liquid storage portion and air-outlet/mouthpiece).
Regarding claim 4, the aerosolizable substance releases from the substance cartridge (liquid containing portion) into the cavity of the porous material (see Fig. 2 wherein the flow lines enter the heating section). In the combination, the flow would enter the cavities of the porous ceramic.
Regarding claim 5, the device comprises an atomizer attached to the substance cartridge wherein the substance is releasable from the cartridge through the atomizer and into the cavity of the porous material (see liquid outlet 42 wherein liquid droplets enter airflow and are conveyed into the heating section; pg 10, lines 3-12; pg 12, 12-25).
Regarding claims 9 and 19, Levin discloses porous ceramic material which is considered high temperature resistant ([0050]).
Regarding claims 10 and 18, Levin discloses ceramic as the porous material. The material being heatable by the heating element to a temperature of 200 to 350C or 200 to 290C is considered to be anticipated or rendered obvious to a person having ordinary skill in the art prior to the effective filing date of the invention by Levin's disclosure of the porous material being a ceramic ([0050]). Examiner notes that the instant application recites the ceramic as a high temperature material. Furthermore, the recitation of an operating temperature of the electronic smoking device concerns the manner in which the device is intended to be operated.
Regarding claim 11, the aerosolizable substance is aerosolized by the heated material and the released into the mouth piece (see Fig. 1, air flows from heating section 26 to outlet 24).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619