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 § 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) 1-4, 6, 7, 10, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (WO2018/112766) in view of RABINOWITZ et al. (US 2014/0345635).
With respect to claim 1, LIU et al. discloses a cartridge (Figures 1-3) comprising 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 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). Specifically, the frame member maintains the lower case in position against an internal wall of the first container.
[AltContent: textbox (Wall of frame inside of lower case forming aforementioned partition, thus forming the second chamber, A)][AltContent: arrow]
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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 2¸ LIU et al. discloses that the frame comprise the a first frame portion, 102, configured to close the open side of the first chamber (Paragraphs [0046], [0047], [0053], [0054]; Figures 3 and 4) and a second frame portion, 107, connected to the first frame (e.g., through the connection of the first frame and first container) and accommodated in the lower case, and partitions the inside of the lower case to define the second chamber, A (Paragraphs [0057]-[0060]; Figure 4, annotated below)
[AltContent: textbox (Second frame, 107, in lower case, 109, and forms a divided space in which wick and heater are provided. )][AltContent: arrow]
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With respect to claim 3¸ LIU et al. discloses that the first frame comprises a groove, 118, that supports the lower case (Paragraph [0056]; Figures 2 and 4).
[AltContent: textbox (Surface angled downwardly from the first chamber and towards the second chamber)]With respect to claim 4, LIU et al. shows that the first frame includes an inclined portion angled downward from the first chamber and toward the second chamber (Figure 4, annotated below)
[AltContent: arrow][AltContent: arrow]
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With respect to claim 6, LIU et al. discloses a sealing member, 114, disposed between the frame and opens side of the first chamber (Paragraphs [0051]-[0054]; Figures 2-4).
With respect to claim 7, LIU et al. discloses that the first container comprises an outer wall and an inner wall between the first chamber and the insertion space (Figure 4, annotated below). The sealing member comprise a first sealing portion extending along the outer wall of the first container and a second sealing portion extending from the first sealing portion and along the inner wall (See annotated figure3, below)
[AltContent: textbox (First and second sealing portions extending along the outer wall and the inner wall)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Inner wall between insertion space, B, and first chamber, C)][AltContent: arrow][AltContent: textbox (Outer wall)][AltContent: arrow]
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[AltContent: textbox (Outer wall)][AltContent: arrow][AltContent: textbox (Inner wall)][AltContent: arrow][AltContent: textbox (Second sealing portion)][AltContent: arrow][AltContent: textbox (First sealing portion )][AltContent: arrow]
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With respect to claim 10, LIU et al. discloses that the second sealing member is pressed between the inner wall of the first container toward the frame when coupled to the lower frame (Figure 4).
[AltContent: textbox (Second sealing member between compressed between (e.g., towards ) the frame and inner wall)][AltContent: arrow]
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With respect to claim 13, LIU et al. discloses the inner wall (Figure 3)
[AltContent: textbox (Inner wall)][AltContent: arrow]
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The inner wall connects to the outer wall along the upper portion of its circumference (Figure 4).
[AltContent: textbox (Inner wall connected to outer wall)][AltContent: arrow]
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While it isn’t explicitly disclose that the profile of the inner wall is rounded, the courts have generally held that mere changes in shape is prima facie obvious absent persuasive evidence that the particular configuration is significant. See, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04, IV, B. Thus, 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 outer wall with a curved profile, and to then match said profile with the upper portion of the inner wall to match, so that the housing has a desired aesthetic appeal.
With respect to claim 14, LIU et al. discloses an aerosol generating device comprising the cartridge of claim 1 (See rejection of claim 1) and a body (Figure 4). While it isn’t explicitly disclosed in LIU et al. that the cartridge is coupled to the body, RABINOWITZ et al. discloses that the cartridge unit is connected to the battery unit for use by threading or other mating elements and 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 couple the cartridge of LIU et al. to the battery unit, as taught by RABINOWITZ et al. so that they can be separated for recharging or repair.
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Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (WO2018/112766) in view of RABINOWITZ et al. (US 2014/0345635) as applied to claims 1-4, 6, 7, 10, 13 and 14 above, and further in view of ANDERSON et al. (US 2020/0000146).
With respect to claim 5¸ LIU et al. does not explicitly disclose that the frame is coupled to the lower case in a snap fit manner. ANDERSON et al. discloses a vaporization device (Abstract). The cartridge and body are removably connected to each other by snap fit (Paragraph [0469]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to snap fit the frame and lower case of LIU et al., as taught by ANDERSON et al. so that these parts can be removable and allow for repair or replacement of the parts therein.
With respect to claim 15, 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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Allowable Subject Matter
Claims 8, 9, 11 and 12 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:
With respect to claim 8, LIU et al. discloses a groove holding the sealing member, 114 (Figure 4). The prior art does not explicitly disclose a hook protruding from the frame and engaging with the sealing member, per se.
With respect to claim 11, LIU et al. does not explicitly disclose the claimed protrusions on the sealing member, and the corresponding interfacing features, per se. The art does not cure this deficiency.
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