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 § 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.
Claim 13 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sebastian et al. (US 2014/0000638).
Claim 13. Sebastian et al. discloses an electronic smoking article which provides for separate delivery of two or more components of an aerosol precursor composition to one or more heaters so as to control the rate of delivery or the rate of heating of the separate components of the aerosol precursor composition (Abstract). The article comprises cartridge 90 which includes a cartridge shell 91 (housing) with a mouth opening 18 at the mouthend 11 (mouth side end at first surface of the housing) thereof to allow passage of air and entrained vapor from the cartridge to a consumer during draw on the article 10 ([0088]; Figure 4). A first reservoir layer 201 (second reservoir disposed to be spaced apart from the first reservoir in a longitudinal direction) and a second reservoir layer 202 (first reservoir disposed closer to the first surface), each retaining one or more components of the aerosol precursor composition (aerosol forming substrate) are located in the cartridge shell 91 (housing) ([0092]; Figure 4). The first reservoir layer 201 (second reservoir) is in fluid connection with a first transport element 301 (connecting member), and the second reservoir layer 202 (first reservoir) is in fluid connection with a second transport element 302 (wick). The first wick 301 and the second wick 302 separately transport the components of the aerosol precursor composition stored in the respective reservoir layers via capillary action to the aerosolization zone 400 of the cartridge 90. The first wick 301 and the second wick 302 essentially merge in the aerosolization zone 400 to form a single wick that is in direct contact with the resistive heating element 50 (aerosol generator) in the form of a metal wire coil ([0108]; Figure 4).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Courbat et al. (US 2017/0280771) in view of Liu et al. (US 2020/0060336).
Claim 1. Courbat et al. discloses an electronic aerosol-generating device comprising a housing 10 and a mouthpiece 11 (mouth side end on first surface of housing). The housing comprises a cartridge 16 containing an aerosol-forming substrate, a surface acoustic wave-atomizer (SAW-atomizer) chip 15 (aerosol generator comprising transducers on a plate-shaped substrate), electronics 14 for operating and controlling the SAW-atomizer chip 15, and a battery 13 providing power to the electronics 14 and the SAW-atomizer chip 15 ([0098]; Figure 2). The SAW-atomizer chip 15 comprises two focusing interdigital transducers 20 arranged opposite each other. The atomization region 40 lies in between the two transducers 20 ([0100]; Figure 2).
Courbat et al. does not explicitly disclose that the substrate of the surface acoustic wave-atomizer (SAW-atomizer) chip 15 is disposed in the housing 10 to form an acute angle with respect to a central axis that is parallel to the longitudinal direction of the housing.
Liu et al. discloses an inclined ultrasonic atomizing sheet structure which includes atomization cotton 14, a piezoelectric ceramic 16, and tobacco tar guide cotton 17. The lower end of the tobacco tar guide cotton 17 is immersed in a tobacco tar cavity, and two ends of the atomization cotton 14 are in contact with the tobacco tar guide cotton 17, so that the tobacco tar is transferred to the atomization cotton 14 through the tobacco tar guide cotton 17, and then the piezoelectric ceramic 16 can atomize the tobacco tar in the atomization cotton 14 to produce smoke, thus well controlling the flow rate of the tobacco tar to affect the atomization rate ([0047]; Figures 1-3). The piezoelectric ceramic 16 of the present invention is a solid piezoelectric ceramic, which is driven by an electric conductor to form an ultrasonic atomizing sheet. The piezoelectric ceramic 16 of the present invention is obliquely arranged at an inclination angle of A, preferably, 0°<A<90°, and more preferably, 50°≤A≤75° ([0049]; Figures 1-3).
Liu et al. teaches that since the inclined piezoelectric ceramic is placed in the electronic cigarette atomizer at an inclination angle of A, wherein 90°<A<0°, no excess tobacco tar is produced to soak the atomization surface of the piezoelectric ceramic, so the problems that the piezoelectric ceramic soaked in the tobacco tar is started slowly and the amount of smoke is small are solved, and the user experience is improved ([0029]). It would have been obvious to one of ordinary skill in the art before the effective filing date that the SAW-atomizer chip 15 of Courbat et al. be modified so that it is disposed in the housing 10 to form an acute angle with respect to a central axis that is parallel to the longitudinal direction of the housing in order to prevent the surface of the ultrasonic atomizing sheet from being soaked in the tobacco tar, and to ensure that a sufficient amount of tobacco tar is supplied for atomization, as taught by Liu et al.
Claim 8. Courbat et al. discloses that the SAW-atomizer chip 15 comprises two focusing interdigital transducers 20 arranged opposite each other. The atomization region 40 lies in between the two transducers 20 (Courbat [0100]; Figure 2).
Claim 9. Courbat et al. discloses that the SAW-atomizer chip 15 may comprise more than one transducer for generating surface acoustic waves. Transducers generating surface acoustic waves are called input transducers. Input transducers receive an electrical signal and generate surface acoustic waves according to the input signal. More than one input transducer may generate surface acoustic waves to interfere with each other (e.g., positive interference to enhance an energy input into the atomization region). An additional input transducer may be used to center the liquid in the atomization region or generally to center the liquid in a relatively small zone (Courbat [0049]). If two transducers are present, the two transducers may be arranged opposite each other with the atomization region arranged in between the two transducers. A first one of the two transducers may be an input transducer. A second one of the two transducers may be an input or an output transducer (Courbat [0053]).
Claim 10. Courbat et al. discloses that if two transducers are present, the two transducers may be arranged opposite each other with the atomization region arranged in between the two transducers. A first one of the two transducers may be an input transducer. A second one of the two transducers may be an input or an output transducer (Courbat [0053]).
Claim 11. Courbat et al. discloses that a control system configured to operate the heater or the SAW-atomizer or both may comprise an ambient temperature sensor (sensing unit) to detect the ambient temperature. One or more temperature sensors may be in communication with the control electronics of the aerosol-generating device to enable the control electronics to maintain the temperature of the liquid aerosol-forming substrate at the predetermined, target, or desired temperature (Courbat [0040]).
Allowable Subject Matter
Claims 2-7, 12, 14, and 15 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: Regarding claims 2-7 and 12, the closest prior art is Courbat et al. (US 2017/0280771). Courbat et al. discloses an electronic aerosol-generating device comprising a cartridge 16 containing an aerosol-forming substrate and a surface acoustic wave-atomizer (SAW-atomizer) chip 15 (aerosol generator comprising transducers on a plate-shaped substrate) ([0098]-[0100]; Figure 2). Courbat et al. does not disclose or suggest that the cartridge comprises a first reservoir disposed closer to the first surface than to the second surface; and a second reservoir disposed to be spaced apart from the first reservoir in the longitudinal direction of the housing. Courbat et al. also does not disclose that the sensing unit comprises a tilt sensor configured to detect a degree of inclination of the aerosol generating device, and the controller is configured to adjust an angle formed by the aerosol generator with respect to the central axis according to the degree of inclination of the aerosol generating device detected by the tilt sensor.
Regarding claims 14 and 15, the closest prior art is Sebastian et al. (US 2014/0000638). Sebastian et al. discloses the aerosol generating device of claim 13 but does not disclose or suggest that the heating element 50 (aerosol generator) comprises a substrate comprising a plate shape; at least one transducer disposed on the substrate; and an atomization region on a surface of the substrate, in which an aerosol is generated, wherein the transducer is configured to convert an electrical signal into a surface acoustic wave (SAW), and wherein the SAW aerosolizes the aerosol forming substrate.
Conclusion
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747