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 4, 11-14, 17 and 18 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 4 recites the limitation "the interior surface" in line 2. There is insufficient antecedent basis for this limitation in the claim.
The term “near” in claim 11 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 12-14 are rejected for depending from claim 11.
Claim 17 recites the limitation "the interior surface" in 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 is rejected for depending from claim 17.
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.
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Claim(s) 1-13 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (WO2018/112766 A1) in view of RABINOWITZ et al. (US 2014/0345635) and LIN et al. (WO 2019/080746 A1).
With respect to claim 1, LIU et al. discloses a vaporizer (Abstract; Figures 1-4) comprising a cartridge (Figure 1; Paragraph [0043]) along with a body (Figure 4)
LIU et al. does not explicitly disclose that the cartridge is coupled to the body. RABINOWITZ et al. discloses an aerosol delivery device (Abstract), wherein the cartridge is coupled to the battery unit for use with mating elements and may be disconnected for replacement, recharging or repair (Paragraph [0068]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide mating elements between the cartridge and body of LIU et al., as taught by RABINOWITZ et al. so that the two units can be attached for use and separated for replacement or repair.
LIU et al. further discloses that the cartridge (Figures 1-3) comprises a first container, 101, comprising a first chamber, 116 (Paragraphs [0046], [0047]) having an open side (Figure 3) that is sealed by a frame, 102 (Paragraphs [0053]-[0054]; Figure 3). An insertion space, B, (Paragraphs [0046], [0047]) formed separately from the first chamber (Figures 1-4). The insertion space has an opening, O, to an outside for placing tobacco in the insertion space (Abstract).
LIU et al. does not explicitly disclose the claimed cover and cover recess. LIN et al. discloses an incombustible heating type electronic smoking device provided with a cover flipping mechanism at the opening, 110 (Abstract) (e.g, a cover, 63) configured to move between an open position and a closed position to open and close the insertion space (Paragraphs [0029]-[0031]; Figures 1-3), so that the cigarette can be completely inserted into the heating tube when in use and efficiency reduction and faults are prevented (Abstract). The insertion space is provided with an upper cover, 11, (e.g., equivalent to cover, 2, of LIU et al.) that is provided with the opening (e.g., equivalent to opening O, of LIU et al.). There is provided a cover recess formed adjacent to the opening of the insertion space, which is recess outward from the insertion space (Figure 2 , annotated below) and the cover is located in the cover recess when the cover is in the open position.
[AltContent: textbox (Cover recess adjacent to the opening and recessed outwardly from the insertion space. Cover within cover recess when in the open position)][AltContent: ][AltContent: textbox (Width of recess space)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Width of insertion space)][AltContent: arrow][AltContent: arrow]
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It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the opening of LIU et al. with a cover configured to move between an open position and a closed position, and a cover recess formed adjacent to the opening of LIU et al, and recessed outward from the insertion space, so that the cover is located in the cover recess when the cover is in the open position, as taught by LIN et al., so that efficiency reduction and faults are prevented.
With respect to claim 2, LIU et al. discloses that the cartridge further comprises a lower case, 109, coupled to the first container by the frame (Paragraphs [0056]-[0059]; Figures 1-4); a frame, 102, configured to close the open side of the first chamber and partition an inside of the lower case to define a second chamber, A (Paragraphs [0054]-[0062]; Figure 4). The second chamber is provided with oil from the first chamber, C, through the lower case, 109, and into the adsorption member, 1081 (Paragraphs [0025]-[0026], [0048], [0057] [0058]; Figures 3 and 4). Thus, the first and second chambers are in fluid communication with each other. LIU et al. discloses an adsorption member, 1081, disposed in the second chamber, A, that receives oil from case, 109 (e.g., in fluid communication with the first chamber) and a heater, 1082, wound around the adsorption member (Paragraphs [0048] and [0055]) to heat the adsorption member and vaporize the oil.
LIU et al. does not explicitly disclose that the adsorption member is a wick, per se. RABINOWITZ et al. discloses a vaporizer (Abstract). The adsorbing member is in the form of a wick and is able to draw the liquid to the heater (Paragraph [0067]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the adsorbing member of LIU et al. in the form of a wick, as taught by RABINOWITZ et al. in order to draw the liquid from the reservoir to the heater.
With respect to claim 3, as seen in figure 4 of LIU et al. the insertion space and first chamber are separated by an inner wall. Thus, configuring the cover to hinge from this wall, by opening towards the battery side of the insertion chamber (See figures 1 and 2 of LIN et al), then the inner wall of LIU et al. would require recession towards the first chamber.
[AltContent: textbox (Inner wall would require recession towards first chamber, according to the placement of the cover by LIN et al.)][AltContent: arrow][AltContent: oval]
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With respect to claim 4, as seen in figure 2 of LIN et al. the cover has a curved top surface. When in the open position its curved top surface is against the cigarette. Moreover, an interior surface of the insertion space is also against the surface of the cigarette. Thus, there implicitly exists a tangent line (represented by the surface of the cigarette) to the cover that is parallel to the surface of the insertion chamber (which is also represented by the surface of the cigarette).
[AltContent: textbox (Contact point of cigarette with interior surface)][AltContent: arrow][AltContent: textbox (Contact point of cover with cigarette)][AltContent: arrow][AltContent: textbox (Line along which both of the curved top surface of the cover contact and the insertion chamber contact)][AltContent: connector]
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With respect to claim 5, LIN et al. shows a first guide inclined from a bottom of the cover recess toward a lower side of the insertion space (Figure 1).
[AltContent: textbox (First guide extends along a circumferential direction )][AltContent: arrow][AltContent: textbox (Lower side of insertion space)][AltContent: arrow][AltContent: textbox (Inclined surface from bottom of cover recess towards a lower side of insertion space)][AltContent: textbox (Bottom of cover recess)][AltContent: arrow][AltContent: arrow]
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With respect to claim 6¸ LIN et al. discloses that the insertion chamber is a tube (Paragraph [0003], [0029]) and shows that the first guide extends in a circumferential direction along a distance thereof (See annotated figure 1, above).
With respect to claim 7¸ LIN et al. shows that when the cover is located in the cover recess, the first guide is adjacent to one end of the cover (Figure 2).
[AltContent: textbox (End of cover adjacent to the guide when in the open position)][AltContent: arrow][AltContent: oval]
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With respect to claim 8, LIN et al. discloses that he cover is pivotally mounted at a position adjacent to the opening of the insertion space (Figure 1; (Paragraphs [0029], [0030]) and the cover is pivoted toward an inside of the insertion space to move from the closed position to the open position (Figure 2) and is pivoted away from the inside of the insertion space to move from the open position to the closed position (Figure 1).
With respect to claim 9¸ LIN et al. discloses a torsion spring, 62, for providing elastic force to bias the cover toward the closed position (Paragraph [0030]; Figures 5-9).
With respect to claim 10¸ LIN et al. discloses a cap, 11, configured to cover the cartridge and comprising the insertion hole, 110, corresponding to the opening of the insertion space (Figures, 5, 1 and 2; Paragraph [0030]). The cover is mounted to the cap through rotating shaft, 61 (Paragraph [0030]).
With respect to claim 11, LIN et al. discloses that the cap comprises a second guide, 112, (Paragraph [0031]) disposed below the insertion hole and inclined from a portion near the insertion hole toward the insertion space (Figures 5 and 1).
[AltContent: textbox (Surface of guide incline towards the insertion chamber, near the opening)][AltContent: arrow]
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[AltContent: textbox (Pivot radius)][AltContent: arrow][AltContent: arc][AltContent: textbox (Pivot shaft of cover)][AltContent: arrow][AltContent: textbox (Second guide below insertion hole)][AltContent: oval]
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With respect to claims 12 and 13, LIN et al. discloses a pivot shaft, 61, about which the cover pivots (Paragraph [0030]; Figures 5-9 and 1). The second guide is disposed opposite the pivot shaft of the cover with respect to the insertion hole (Figure 1, annotated above), and extends adjacent to a pivot radius of the cover.
[AltContent: textbox (Insertion wall)][AltContent: arrow]With respect to claim 15, LIN et al. discloses that the cover is disposed below the insertion hole in the cap (Figure 1). The cap comprises an insertion hole wall around the circumference of the hole, and when the cap is closed the cap contact the wall (Figure 1, annotated below)
[AltContent: textbox (Cap contacting wall)][AltContent: arrow]
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With respect to claim 16, LIN et al. discloses that the cap comprises an insertion hole wall (See annotated figure 1, above) forming a circumference of the insertion hole, 110, and has a round inner circumferential surface (Figures 1, 4 and 9)
[AltContent: textbox (Round inner circumference)][AltContent: arrow]
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With respect to claim 17¸ LIN et al. discloses a stick stopper protruding inwards from the internal surface of the insertion space at a portion adjacent to an opposite end of the insertion space of the opening (Figure 1; Figure 2, annotated below).
[AltContent: textbox (Stick stopper)][AltContent: arrow]
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Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (WO2018/112766 A1) in view of RABINOWITZ et al. (US 2014/0345635) and LIN et al. (WO 2019/080746 A1) as applied to claims 1-13 and 15-17 above, and further in view of ANDERSON et al. (US 2020/0000146).
With respect to claim 19¸ LIU et al. does not explicitly disclose that the body comprises the claimed lower body and upper body. ANDERSON et al. discloses a vaporizer (Abstract), wherein the body 50, comprises a lower body, 504, and an upper body, 106, disposed above the lower body (Figures 1b-1E; Paragraphs [0220], [0224]-[0228]). The upper body comprises mounts to receive and couple to the cartridge. The mounts comprise columns extending upwards and positioned to be adjacent to the sides of the cartridge (Figures 1A-1E), so that the cartridge can be releasably coupled by snap-fit arrangement (paragraph [0229]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the connection interface of ANDERSON et al. on the body of LIU et al. so that the cartridge can be releasably attached to the body and allow for replacement if needed.
[AltContent: textbox (Columns of mount)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Upper body and mount)][AltContent: arrow]
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Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (WO2018/112766 A1) in view of RABINOWITZ et al. (US 2014/0345635) and LIN et al. (WO 2019/080746 A1) as applied to claims 1-13 and 15-17 above, and further in view of BANOCZI (US 3,646,944).
With respect to claim 18, modified LIU et al. does not explicitly disclose a plurality of stick stoppers along a circumference of the interior surface.
BANOCZI discloses an insertion space for a cigarette with an opening, 24’, for inserting a cigarette (Figure 11). The interior wall of the insertion space is provided with a plurality of projections, 50, around the periphery thereof, so that the end face of the inserted cigarette abuts the projections (Column 2, lines 30-74). These projections ensure proper placement of the cigarette (Column 1, lines 5-15 and 35-45). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a plurality of circumferentially spaced projections on the interior wall of modified LIU et al., as taught by BANOCZI so as to ensure proper placement of the cigarette.
Allowable Subject Matter
Claim 14 is 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:
LIN et al. discloses that the cap comprises a second guide, 112, (Paragraph [0031]) disposed below the insertion hole and inclined from a portion near the insertion hole toward the insertion space (Figures 5 and 1).
[AltContent: textbox (Surface of guide incline towards the insertion chamber, near the opening)][AltContent: arrow]
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As seen in annotated figure 5 above, the side of the second side nearer to the hole does not extend towards or away from the insertion space, per se.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745