Detailed Office 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 .
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.
Election/Restrictions
Applicant's election of Group 1 (claims 1-7, 9, 11-19, and 21) with traverse of in the reply filed on September 9, 2026 is acknowledged. The traversal is on the ground(s) that Potter discloses compression of a wick within a housing channel and does not disclose the claimed relationship in which the aerosolizable material transport element is compressed by, and between, the casing and fluid delivery tube. This is not found persuasive because Potter discloses reservoir housing 62 having inner wall 63 defining airflow path 72 and further discloses channels 67 formed between a recessed section of inner wall 63 and an aligned insert, with wick 66 accommodated between. Potter further expressly teaches that wick 66 may be compressed within channels 67 relative to its uncompressed cross-sectional area outside the channels and the compression may provide a desired sealing relationship.
The requirement is still deemed proper and is therefore made FINAL.
Claims 22 and 23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected aerosol provision cartridge and a method of securing an aerosolizable material in an aerosol provision system, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on September 9, 2026.
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 recess" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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(s) 1-4, 13-18, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potter (WO2019145672A1-from IDS).
In regard to claim 1, Potter discloses an aerosol provision system (vapour provision apparatus 20) comprising:
a casing (reservoir housing 62);
an aerosolizable material transport element disposed inside the casing for receiving aerosolizable material to be vaporized (liquid transport element/wick 66 is configured to receive liquid from reservoir 64 and transport the liquid for vaporization (Page 11, Line 25-26)).
Potter further discloses that the aerosolizable material transport element comprises:
a first portion (the central portion of wick 66 disposed within airflow path 72 (Page 9, Line 10)),
a second portion comprising a first end portion and a second end portion opposite the first end portion (the respective end portions of wick 66 extending from opposite sides of the central portion into respective channels 67 (Page 7, Line 20))
wherein the first portion is disposed between the first end portion and the second end portion (see annotated Figure 3 below),
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wherein each end portion is for receiving aerosolizable material for delivering to the first portion (Liquid absorbed in the end portions of the wick may then be transported to the central portion of the wick (Page 8, Line 14)),
a fluid delivery tube at least partly located inside the casing (inner wall 63/airflow path 72 extending through the cartridge and communicating with the central portion of wick 66 (Page 7, Line 11)),
wherein the aerosolizable material transport element is configured to be at least partly compressed by, and between, the casing and the fluid delivery tube for securing the aerosolizable material transport element inside the casing (wick 66 may be compressed within channels 67 such that the cross-sectional area of the wick is reduced relative to its uncompressed cross-sectional area outside channels 67. The compressed portions of wick 66 are maintained in contact with the walls of channels 67, thereby sealing and securing the wick within the reservoir housing while permitting liquid to flow along the wick toward the central portion for vaporization (Page 12, Line 36)).
In regard to claim 2, Potter discloses an aerosol provision system from claim 1, as discussed above wherein the first portion of the aerosolizable material transport element (wick 66) is configured to be at least partly compressed by, and between, the casing (reservoir housing 62) and the fluid delivery tube (inner wall 63/ airflow path 72) for securing the aerosolizable material transport element inside the casing (the first portion of the wick 66 extends partially through the channel 67 and the wick is compressed relative to the uncompressed cross sectional area outside the channel, securing the wick withing the casing Page 12, Line 24)).
In regard to claim 3, Potter discloses an aerosol provision system from claim 1, as discussed above wherein the fluid delivery tube (air flow path 72) comprises a fluid outlet tube (mouthpiece outlet 70) for receiving vaporized aerosolizable material from the aerosolizable material transport element (to vaporise an amount of e-liquid delivered to the heater 68 by the portion of the wick 66 adjacent the heater 68. Vaporised e-liquid may then become entrained in air drawn along the cartridge air path 72 from the vaporisation region 73 towards a mouthpiece outlet 70 for user inhalation (Page 9, Line 23)).
In regard to claim 4, Potter discloses an aerosol provision system from claim 1, as discussed above wherein the fluid delivery tube (air flow path 72) comprises an inlet air channel (air inlet 48) for delivering air to the aerosolizable material transport element (a user inhales on the mouthpiece opening 70, air is drawn in through the air inlet 48, along the reusable part air path 50, across the interface 26, through the vapour generation region in the vapour generation region 73 in the vicinity of the atomiser 68, along the cartridge air path 72, and out through the mouthpiece opening 70 for user inhalation. (Page 10, Line 11)).
In regard to claim 13, Potter discloses the aerosol provision system of claim 1 as discussed above, wherein the aerosolizable material transport element is C-shaped (See figure 3; which shows the liquid transport element/ wick 66 in the shape of an ‘n’ however once rotated 90 degrees counterclockwise or clockwise, the wick would be in a ‘C’ shape).
In regard to claim 14, Potter discloses the aerosol provision system of claim 1 as discussed above, wherein the fluid delivery tube (inner wall 63/air flow path 72) comprises a recess for accommodating the first portion of the aerosolizable material transport element (the channels are formed by the space between a section of the inner wall 63 of the reservoir housing 62 which is slightly recessed into the reservoir to accommodate one side of the wick (Page 12, Line 5)).
In regard to claim 15, Potter discloses the aerosol provision system of claim 13 as discussed above, wherein the recess is located at a first end of the fluid delivery tube (see annotated figure 2 below).
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In regard to claim 16, Potter discloses an aerosol provision system of claim 1 as discussed above, wherein the aerosolizable material transport element is located at a first end of the fluid delivery tube (see annotated figure 2 above, which shows the first end and the wick located inside the first end of the air flow path 72).
In regard to claim 17, Potter discloses the aerosol provision system of claim 15 as discussed above, wherein the fluid delivery tube comprises a second, open, end, wherein the second end is located opposite the first end (see annotated figure 2 below).
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In regards to claim 18, Potter discloses an aerosol provision system from claim 1, as discussed above wherein the aerosolizable material transport element (wick/liquid transport element 66) is configured to be at least partly compressed by, and between, a portion of the casing (reservoir housing 62) and the fluid delivery tube (inner wall 63/ air flow path 72) for securing the aerosolizable material transport element inside the casing (the wick is positioned in the channels 67 and compressed relative to the uncompressed cross sectional area outside the channels. The compression provides a sealing relationship between the wick 66 and the channel walls (Page 13, Line 8)).
In regard to claim 21, Potter discloses an aerosol provision system from claim 18, as discussed above wherein the portion of the casing is flat (see annotated figure 3 that shows the portion of reservoir housing 62 defining wall 67A and contacting the compressed portion of wick 66 is depicted as flat/planar surface).
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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 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.
Claim(s) 5-7 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Potter (WO2019145672A1-from IDS), in view of Bostock (US20200245685A1- from IDS).
In regard to claim 5, Potter discloses an aerosol provision system from claim 1, as discussed above.
Potter does not expressly disclose the aerosol provision system is configured to move between a first configuration in which the second portion is configured to be uncompressed or partly compressed, and a second configuration in which the second portion is configured to be compressed by a greater amount than in the first configuration.
Bostock discloses a fluid supply system including a fluid transfer element 15 configured to transfer liquid from liquid store 8 toward a heating element [0077], and a first body 12 that is movable relative to a second body 18 between first and second positions [0115]. Bostock teaches that, in the first position, first body 12 compresses the fluid transfer element 15 against second body 18, thereby restricting the flow of liquid through the fluid transfer element [0118]. Bostock further teaches that, in the second position, the compression applied to fluid transfer element 15 is released or partially released, thereby permitting an increased flow of liquid through the fluid transfer element [0118].
Potter and Bostock are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely aerosol provision system. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the compressed wick arrangement of Potter to incorporate the movable compression arrangement taught by Bostock to selectively control the supply of aerosolizable liquid through the wick, as taught by Bostock.
In regard to claim 6, Potter in view of Bostock discloses the aerosol provision system of claim 5 as discussed above.
Potter does not expressly disclose the casing configured to be separated from the second portion of the aerosolizable material transport element in the first configuration and is configured to abut and compress the second portion of the aerosolizable material transport element in the second configuration.
Bostock discloses a first body 12 movable relative to a second body 18 and fluid transfer element 15 between different operating position [0118]. Bostock teaches that, in a released position, the compression applied to fluid transfer element 15 is released or partially released, thereby permitting increased liquid flow through fluid transfer element 15 [0121].
Potter and Bostock are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely aerosol provision system. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the movable compression arrangement of Potter as modified by Bostock to provide such a configuration in order to selectively apply and release compression to the wick and thereby control the flow of aerosolizable liquid through the wick, as taught by Bostock.
In regard to claim 7, Potter in view of Bostock discloses the aerosol provision system of claim 5 as discussed above.
Potter does not expressly disclose the fluid delivery tube configured to move or rotate between the first configuration and the second configuration.
Bostock discloses embodiments in which a first body 12 is movable relative to a second body 18 between different operating configurations for controlling the supply of liquid through the fluid supply system [0115]. Bostock further discloses another embodiment in which first body 12 and second body 18 are rotatably arranged relative to one another about an axis, such that relative rotation between the bodies changes the operating condition of the fluid supply system [0128 - 0129].
Potter and Bostock are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely aerosol provision system. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the aerosol provision system of Potter, as modified by Bostock to provide the fluid delivery tube as a movable component to implement the relative movement taught by Bostock for selectively changing the compression applied to the fluid transfer element.
In regard to claim 11, Potter in view of Bostock discloses the aerosol provision system of claim 5 as discussed above wherein the aerosol provision system is configured to move between the first configuration and the second configuration in response to a signal from a controller from the aerosol provision system (a control circuitry 38 configured to control operation of the aerosol provision system, including controlling operational components of the device in response to operation of the aerosol provision system).
Potter does not expressly disclose a configured to move between the first configuration and the second configuration in response to a signal.
Bostock further discloses movement between different configurations by providing a first body 12 movable relative to a second body 18, wherein movement of first body 12 selectively applies or releases compression of fluid transfer element 15 [0115 - 0124]. Bostock further discloses actuator 44 for actuating the movement of first body 12 between the respective positions, changing the amount of compression applied to fluid transfer element 15 [0121 - 0124].
Potter and Bostock are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely aerosol provision system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the aerosol provision system of Potter to incorporate the actuator-controlled compression arrangement of Bostock to electronically control the actuation of the compression arrangement and selectively controlling the amount of compression applied to the aerosolizable material transport element.
Regarding claim 12, Potter in view of Bostock discloses the aerosol provision system of claim 11 as discussed above. Potter discloses a control circuitry 38 designed to control operation of the aerosol provision system.
Potter does not teach an actuator connected to the controller for controlling generation of the signal.
Bostock teaches an actuator 44 configured to control movement of the fluid supply system between the different compression applied to fluid transfer element 15 and moving the fluid supply system between its different operating configurations [0121-0124].
Potter and Bostock are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely aerosol provision system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the control circuitry of Potter, as modified by Bostock, with the actuator 44 operatively connected to controller 38 to provide a connection to permit the controller and/or user input arrangement to control actuation of the movable compression mechanism and thereby control the amount of compression applied to the aerosolizable material transport element.
Allowable Subject Matter
Claims 9 and 19 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 reason for the indication of the allowable subject matter:
The closest prior art of record is over Potter (WO2019145672A1) and Bostock (US20200245685A1) which discloses an aerosol provision system.
In regard to claim 9, Potter does not teach the wick 66 moving/rotating between the configuration. Bostock moved the first body 12, however the fluid transfer element 15 does not.
In regard to claim 19, Potter disclose an outer wall/end wall but fails to establish the particular casing portion that compresses the wick under claim 18.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH C NNABUGWU whose telephone number is (571)272-8791. The examiner can normally be reached Mon-Thurs. 8:30am-5:00pm.
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/HANNAH CHINWE NNABUGWU/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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