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 11 and 12 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 11 recites the limitation “the liquid delivery element comprises cotton for absorbing the aerosol generating device.” The limitation makes no sense. It is believed that the last word “device” is a typographical error and that the intended word should have been “material.”
Claim 12 recites the limitation “a side surface of the wick.” It is not clear if “a side surface” is intended to be the side surface recited in Claim 1 or a different side surface.
International Search Report
No “X” and/or “Y” references were cited in the International Search Report for International Application PCT/KR2023/011212, to which the instant application claims priority.
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.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (KR-1020210121947 A (with US 2022/0400757, of the same patent family, being used as an English translation and for citations herein) in view of Atkins et al (US 2022/0117300).
Claim 1: Lee et al discloses an aerosol generating device (1) comprising a cartridge (30) comprising a reservoir (510) for storing an aerosol generating material; a heater assembly (20) detachably coupled to the cartridge (30) and configured to heat the aerosol generating material provided from the cartridge to generate an aerosol; and a body (10) detachably coupled to the heater assembly (20) and comprising a battery (120) configured to supply power to the heater assembly (Abs, [0015], [0034-[0035], [0039], [0042], [0067], Fig. 1), wherein the heater assembly comprises a chamber Fig. 5, volume where heater 130 is placed) in fluid communication with the reservoir of the cartridge via felt 520 ([0067], [0070]); and a plate-shaped porous ceramic wick to provide a wider contact area with the felt 520 [0070]. The wick is arranged in the chamber to absorb the aerosol generating material provided from the reservoir [0070] and comprises a first surface (top surface of heater wick) facing the reservoir and felt 520, a second surface (bottom surface of heater wick) arranged in an opposite position of the first surface to face a bottom surface of the chamber, and a side surface surrounding a space (thickness of the plate-shaped wick) between the first surface and the second surface ([0070], Fig. 5).
Lee et al does not disclose a heater disposed on a side surface of the wick and configured to heat the aerosol generating material absorbed into the wick.
Atkins et al discloses a vaporizer device comprising a reservoir, a wick housing and a wicking element disposed within the wick housing and configured to draw the vaporizable material to the wick housing for vaporization by the heating element (Abs, [0011], [0092], [0327], Figs. 18A-D, 20 and 51A-D). The heating element contacts at least two opposing sides and a bottom portion of the wicking element providing a multi-dimensional contact between the heating element and the wicking element provides for a more efficient and/or faster transfer of the vaporizable material from the reservoir of the vaporizer cartridge to the heating portion (via the wicking element) to be vaporized.
It would have been obvious to one of ordinary skill in the art to arrange a heater on multiple surfaces , including a side surface of the wick of Lee et al in view of Atkins et al to provide a more efficient and/or faster transfer of the vaporizable material from the reservoir of the vaporizer cartridge to the heater (via the wicking element) to be vaporized.
Claim 2: Lee et al discloses that as the heater heats the aerosol generating material, a temperature around the heater may significantly increase, and condensate may be generated while an aerosol generated from the heater is delivered to a mouthpiece along an air flow path to be inhaled by a user and that an arrangement is needed to protect electronic circuitry [0075]. However, the air flow path 560 passes adjacent to the bottom of the chamber and to the bottom of the wick and it would have been obvious that at least some of the condensate formed would be reabsorbed into the wick.
Alternatively, Lee et al discloses that any appropriate arrangement structure for protecting the electronic circuitry may be applied [0075]. Atkins et al discloses that an interior surface of the airflow passageway may include one or more channels that extend from the outlet to the wicking element. The one or more channels may be configured to collect a condensate formed by the aerosol and direct at least a portion the collected condensate towards the wicking element [0022]. It would have been obvious to form channels in the air flow channel of Lee et al.to direct condensate formed by the aerosol towards the wicking element.
Claim 3: Lee et al discloses that the bottom surface of the wick is spaced from the bottom of the chamber by an air flow passage 560 ([0075], (Fig. 5).
Claim 4: Lee et al discloses a structure surrounding the heater 520 (Fig. 5). This structure can be considered a support member.
Alternatively, Lee et al discloses that the bottom surface of the wick is spaced from the bottom of the chamber by an air flow passage 560 ([0075], fig. 5). Therefore, a support member for supporting the wick in the chamber would have been obvious to allow the air flow passage 560 beneath the wick.
Claim 5: Lee et al discloses a felt 520 in a region facing the reservoir and configured to transfer and introduce the aerosol generating material from the liquid storage reservoir to the heater ([0067], [0070]). The porous ceramic wick of the heater obviously absorbs the aerosol generating material transferred by the wick in order for the device to operate to generate aerosol therefrom into the air flow passage to be delivered to a mouthpiece [0075].
Claim 6: Lee et al discloses that an aerosol generated from the heater is delivered to outside of the chamber assembly to a mouthpiece along an air flow path 560 to be inhaled by a user [0075], therefore an air outlet from the chamber is disclosed. While an air inlet to the chamber is not specifically disclosed, an air inlet would have been obvious to one of ordinary skill in the art in order for the device to operate to generate and deliver aerosol through the air flow passage to a mouthpiece.
Claim 7: Lee et al discloses that a portion of the air flow extends along the bottom and side of the heater assembly ([0075], fig. 5).
Claim 8: Lee et al discloses that the heater module 20 includes at least two connector terminals including, for example, first connector terminals 530a and a second connector terminal 530b for forming an electrical connection between a battery (e.g., the battery 120 of FIG. 1) and the heater 130 [0071].
Claim 9: Lee et al discloses that the heater comprises a ceramic wick [0070].
Claim 10: Lee et al discloses a liquid delivery element 520 configured to transfer the aerosol generating material from the liquid storage 510 to the wick of the heater assembly [0070].
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al in view of Atkins et al and with the evidence of Jeong et al (US 2022/0132925).
. Lee et al and Atkins et al do not disclose that liquid delivery element 520 comprises cotton for absorbing the aerosol generating material. However, cotton would have been obvious for the liquid delivery element 520 as a typical material used in the art for absorbing a liquid from a reservoir and delivering the absorbed liquid to a heater assembly (see Jeong et al, [0003] for evidence).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al in view of Atkins et al and further in view of Cali et al (US 2024/0306727).
The disclosures of lee et al and Atkins et al are used as above. Lee et al and Atkins et al do not disclose that the heater comprises a conductive pattern printed on a side surface of the wick. However, Cali et al discloses an aerosol-generating system 100 comprising a heater assembly 202 comprising a resistive heater element 204 in the form of conductive tracks printed on a ceramic wick 206 conductive material configured to heat up when a current is passed through it (Abs, [0232]-[0233], Fig. 1). The heater element 204 is in contact with the ceramic wick 206 and so heat from the heater element 204 is conducted to the ceramic wick 206 and then to aerosol-forming substrate contained (absorbed) in the ceramic wick. Absent convincing evidence of unexpected results, it would have been obvious to one of ordinary skill in the art to provide heating elements by printing a conductive pattern of tracks on the ceramic wick of Lee et al with a reasonable expectation of forming a suitable aerosol generating device.
Claim 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al.
Lee et al discloses an aerosol generating device (1) comprising a cartridge (30) comprising a reservoir (610) for storing an aerosol generating material; a heater assembly (20) detachably coupled to the cartridge (30) and configured to heat the aerosol generating material provided from the cartridge to generate an aerosol; and a body (10) detachably coupled to the heater assembly (20) and comprising a battery (120) configured to supply power to the heater assembly (Abs, [0018], [0034-[0035], [0039], [0042], [0067], Fig. 1).
In an embodiment depicted in Fig. 6, the heater assembly comprises a chamber (Fig. 6, cylindrical hollow in cartridge 30 where a cylindrical wick 630 is inserted) in fluid communication with the reservoir 610 of the cartridge via felt 620. The wick 630 is arranged in the chamber to absorb the aerosol generating material provided from the reservoir and comprises a through hole extending in a longitudinal direction of the chamber, and a heater 640 is arranged in the through hole of the wick and configured to heat the aerosol-generating material absorbed in the wick ([0077]-[0080], Fig. 6).
Allowable Subject Matter
Claim 14 is allowed.
Claim 13 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:
Claim 13: lee et al and Atkins et al are the nearest prior art. The prior art fails to disclose or suggest an aerosol generating device comprising a heater comprising a conductive pattern that is insert-injected on the side of a wick.
Claim 14: The prior art fails to disclose or suggest an aerosol generating device comprising a wick comprising a first surface facing the reservoir, a second surface arranged in an opposite position of the first surface to face a bottom surface of the chamber, and a side surface surrounding a space between the first surface and the second surface; and a heater arranged on the first surface of the wick and configured to heat the aerosol generating material absorbed into the wick, and wherein the first surface of the wick absorbs the aerosol liquefied in the chamber.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS R CORDRAY whose telephone number is (571)272-8244. The examiner can normally be reached Monday-Friday 8 AM-5 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at (571) 270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DENNIS R CORDRAY/ Primary Examiner, Art Unit 1748