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 are pending and are subject to this Office Action. Claims 16-64 are cancelled. This is the first Office Action on the merits of the claims.
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 15 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 15 recites the limitation “the outer peripheral wall” on ln 3-4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted “the outer peripheral wall” as “an outer peripheral wall.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Reed (US 2017/0105450 A1).
Regarding Claim 1, Reed, directed to liquid storage ([0008], [0015]), teaches a liquid storage element for storing and releasing liquids in an aerosol emission device ([0008], According to the present invention there is provided a fluid reservoir (e.g. for a smoking article such as an electronic cigarette (an aerosol emission device). [0015], It will be appreciated that the fluid reservoir may function as nicotine e-liquid storage and delivery component for the electronic cigarette. [0034], Fig. 1; Fluid reservoir 12 comprises a longitudinally extending tubular element 20 and is formed from a plurality of bicomponent fibres),
wherein the liquid storage element has a three-dimensional network structure formed by thermally bonding bicomponent fibers ([0034], Fig. 1; Fluid reservoir 12 comprises a longitudinally extending tubular element 20 (three-dimensional network structure) and is formed from a plurality of bicomponent fibres. [0023]-[0024], The bicomponent fibers can be thermal bonded),
the bicomponent fibers have a sheath and a core ([0015], The fluid reservoir comprises a plurality of bicomponent fibres (e.g. sheath-core bicomponent fibres)).
Regarding Claim 2, Reed teaches the teaches the liquid storage element according to claim 1, wherein the liquid storage element has a liquid storage element through-hole axially penetrating through the liquid storage element ([0034], Fig. 1; Fluid reservoir 12 comprises a longitudinally extending tubular element 20 having a hollow cylindrical channel 21 (through-hole) axially penetrating through reservoir 12 (liquid storage element)).
Claims 1, 3, 5-10, and 13-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Parsons (US 2020/0407895 A1) as evidenced by Nakagiri (US 2012/0237832 A1).
Regarding Claim 1, Parsons teaches a liquid storage element ([0007], The presently disclosed subject matter provides for nonwoven materials that include high core bicomponent fibers. [0117], the present disclosure relates to unitary, multifunctional nonwoven materials that have liquid acquisition, retention, and storage functions),
wherein the liquid storage element has a three-dimensional network structure formed by thermally bonding bicomponent fibers ([0007], The presently disclosed subject matter provides for nonwoven materials that include high core bicomponent fibers. [0033], Nonwovens are sheet or web structures made of fiber, filaments, molten plastic, or plastic films bonded together mechanically, thermally, or chemically. [0107]-[0110] describe a process of generating the nonwoven material, wherein the material is prepared as a continuous airlaid web of fibers that are thermally bonded to form a three-dimensional network structure),
the bicomponent fibers have a sheath and a core ([0007]).
Claim 1 recites the preamble “a liquid storage element for storing and releasing liquids in an aerosol emission device”. Because the preamble does not recite any structural limitations, the limitation has been interpreted as a recitation of purpose or intended use of the liquid storage element of Claim 1. See MPEP 2111.02. To satisfy an intended use limitation, a prior art structure which is capable of performing the intended use as recited in the preamble meets the claim. Because Parsons discloses the structural limitations of the liquid storage element of Claim 1, the liquid storage element would necessarily be capable of storing and releasing liquids in an aerosol emission device.
Regarding Claim 3, Parsons teaches the liquid storage element according to claim 1, wherein the liquid storage element has a density of 0.03 g/cm3 to 0.25 g/cm3 ([0107]-[0110] describe a process of generating the nonwoven material, wherein the material is prepared as a continuous airlaid web of fiber. The airlaid web can be rolled into bale on a roller. The average roll density can be in a range of from about 100 kg/m3 to about 140 kg/m3 (0.1 g/cm3 to 0.14 g/cm3)).
Regarding Claim 5, Parsons teaches the liquid storage element according to claim 1, wherein the sheath and the core are a concentric structure or an eccentric structure ([0051], The scope of the partially drawn bicomponent fibers encompasses fibers with various core sheath configurations including, but not limited to concentric, eccentric).
Regarding Claim 6, Parsons teaches the liquid storage element according to claim 1, wherein the bicomponent fibers are filaments or staple fibers ([0046], the bicomponent fiber can be low staple fibers).
Regarding Claim 7, Parsons teaches the liquid storage element according to claim 1, wherein the core of the bicomponent fibers has a higher melting point than the sheath by 25°C or more ([0041], he high core bicomponent fibers can have a polyethylene sheath. The core of the high core bicomponent fibers can be made from a polymer with a melting point greater than about 200° C. Polyethylene has a melting point within the range of about 135° C. to about 150° C; see Nakagiri, [0057]).
Regarding Claim 8, Parsons teaches the liquid storage element according to claim 1, wherein the sheath is polyolefin, copolyester of polyethylene tereplthalate or polyamide-6 ([0050] describes a sample bicomponent fiber, wherein the sheath is made of polyethylene (polyolefin) and the core is made of polybutylene terephthalate (PBT)).
Regarding Claim 9-10, Parsons teaches the liquid storage element according to claim 7, wherein the sheath is polylactic acid, wherein the core is polylactic acid ([0052], PLA is listed as a polymeric fiber material which can be used to form the sheath or core of the liquid storage element).
Regarding Claim 13, Parsons teaches the liquid storage element according to claim 1, wherein the liquid storage element has a low-density portion, a high-density portion, and a density increasing portion provided between the low-density portion and the high-density portion ([0009], an airlaid nonwoven material can have at least two layers, including a first layer comprising low core bicomponent fibers and a second layer comprising high core bicomponent fibers. The nonwoven airlaid material can further include a third layer including low core bicomponent fibers. [0096], the fiber types in the first layer, the second layer, and (if present) the third layer can be selected to create a directional density gradient through the nonwoven material. If a density gradient is generated between the first, second, and third layers, then one of the external layers must be a low-density portion, the other of the external layers must be a high-density portion, and the internal layer must be a density increasing portion provided between the low-density portion and the high-density portion).
Regarding Claim 14, Parsons teaches the liquid storage element according to claim 1, wherein the liquid storage element comprises a liquid storage portion and a liquid collection portion with an upper and lower structure, and the liquid collection portion has a higher density than the liquid storage portion ([0009], an airlaid nonwoven material can have at least two layers, including a first layer comprising low core bicomponent fibers and a second layer comprising high core bicomponent fibers. The nonwoven airlaid material can further include a third layer including low core bicomponent fibers. [0096], the fiber types in the first layer, the second layer, and (if present) the third layer can be selected to create a directional density gradient through the nonwoven material. If a density gradient is generated between the first, second, and third layers, then the layer having the highest density can be regarded as the liquid storage portion. The other two layers can be regarded as a liquid collection portion having an upper and lower structure (layers)).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Parsons (US 2020/0407895 A1).
Regarding Claim 4, Parsons teaches the liquid storage element according to claim 3, wherein the liquid storage element has a density of 0.04 g/cm3 to 0.12 g/cm3 ([0107]-[0110] describe a process of generating the nonwoven material, wherein the material is prepared as a continuous airlaid web of fiber. The airlaid web can be rolled into bale on a roller. The average roll density can be in a range of from about 100 kg/m3 to about 140 kg/m3 (0.1 g/cm3 to 0.14 g/cm3)).
The range for the density reasonably suggested by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claims 11-12, Parsons teaches the liquid storage element according to claim 1, wherein the bicomponent fibers have a fineness of 1 to 30 denier, wherein the bicomponent fibers have a fineness of 1 to 15 denier ([0046], the bicomponent fiber can be low staple fibers having a dtex from about 1.0 dtex to about 15.0 dtex (0.9 denier to 13.5 denier).
The ranges for the fineness disclosed by the prior art overlap the claimed ranges, and therefore the claimed ranges are considered prima facie obvious. See MPEP § 2144.05 (I).
Claim 15 are rejected under 35 U.S.C. 103 as being unpatentable over Reed (US 2017/0105450 A1) as applied to Claim 1, in view of Sanchez (US 2016/0135506 A1).
Regarding Claim 15, Reed further teaches the liquid storage element wherein the liquid storage element comprises a liquid collection portion ([0034], Fig. 1; Fluid reservoir 12 comprises a longitudinally extending tubular element 20 and is formed from a plurality of bicomponent fibres. [0015], It will be appreciated that the fluid reservoir may function as nicotine e-liquid storage and delivery component for the electronic cigarette. Reservoir 12 is a liquid collection portion because it is configured to collect a liquid),
but does not teach the liquid storage element comprising a liquid storage portion which is coated on the outer peripheral wall of the liquid collection portion and has a lower density than the liquid collection portion.
Sanchez, directed to liquid storage ([0040], [0054], [0059], Fig. 4 illustrates an embodiment of the present invention comprising fragrance formulations stored in a porous matrix of embedded fibers. The fragrance formulation may be a liquid), teaches a liquid storage element for storing and releasing liquids in an aerosol emission device ([0095], Fig. 21; Electronic cigarette 350 (aerosol emission device) comprises an insert section 353. [0040], [0054], [0059], Fig. 4 illustrates an embodiment of the present invention comprising fragrance formulations stored in a porous matrix of embedded fibers. The fragrance formulation may be a liquid. [0096] FIGS. 22A-22B depict an embodiment of an insert section according to the disclosure. Insert section 400 depicted in FIGS. 22A and 22B can comprise a flavor reservoir 402. [0104], FIG. 27C depicts an embodiment of a flavor reservoir according to the disclosure. Flavor reservoir 620 comprising a low density matrix 624 and a high density matrix 625. The high density matrix 625 can comprise the center of the flavor reservoir 620. Flavor reservoir 620 is a liquid storage element for storing and releasing liquids in an aerosol emission device),
wherein the liquid storage element has a three-dimensional network structure formed of fibers ([0059], Fig. 4 illustrates an embodiment of the present invention comprising fragrance formulations stored in a porous matrix of embedded fibers. [0054], The insert can use fabricated using one or combination of different fragrance matrixes such as fibers),
wherein the liquid storage element comprises a liquid collection portion and a liquid storage portion which is coated on the outer peripheral wall of the liquid collection portion and has a lower density than the liquid collection portion ([0104], FIG. 27C depicts an embodiment of a flavor reservoir according to the disclosure. Flavor reservoir 620 comprising a low density matrix 624 and a high density matrix 625. The high density matrix 625 can comprise the center of the flavor reservoir 620, and the low density matrix 624 is provided on an outer peripheral wall of the high density matrix 625. As the low density matrix 624 can hold more liquid, the low density matrix 624 is the liquid storage portion and the high density matrix 625 is the liquid collection portion. The determination of patentability is based upon the product structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product, and the product of Sanchez is capable of being made by coating the liquid storage portion on the outer peripheral wall of the liquid collection portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the liquid storage element of Reed comprising a liquid storage portion which is coated on the outer peripheral wall of the liquid collection portion and has a lower density than the liquid collection portion as taught by Sanchez because Reed and Sanchez are directed to liquid storage, Reed demonstrates that the liquid storage element has a centrally located axial through-hole configured to receive a wick and/or a sleeve to transfer a liquid to a heating element (Reed, [0034], [0039], Figs. 1-2; Channel 21 forms a bore at the central point of cylindrical reservoir 12. Channel 21 receives wick 10, sleeve 9, and heater 8 such that the liquid stored in reservoir 12 transfers to heater 8), and Sanchez demonstrates that a liquid storage portion on the outer peripheral wall of a liquid collection portion having a lower density than the liquid collection portion allows the liquid storage portion to hold more liquid such that a higher concentration of liquid can migrate towards the liquid collection portion (Sanchez, [0104], Fig. 27C). As the liquid collection portion of Sanchez is located more centrally than the liquid storage portion of Sanchez (Sanchez, [0104], Fig. 27C), one of ordinary skill in the art would have been motivated to provide a liquid storage portion coated on the outer peripheral wall of the liquid collection portion such that liquid flows inward to the liquid collection portion and the wick of Reed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached on (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755