DETAILED ACTION
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.
Status of the Claims
Claims 1-18 are pending. Claims 1-15 have been amended. Claims 16-18 are new.
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.
Claims 1-5, 7, 9-11, 13, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cadieux et al. (US 2015/0245669 A1, included on IDS filed 1/29/2024).
Regarding claim 1, Cadieux discloses a cartridge (“liquid reservoir component (first or cartridge section) 70”, Fig. 8A, ¶ 0114) for a vapour generating device (“e-vaping device”, ¶ 0114), the cartridge comprising:
a liquid store (“liquid reservoir 22”, Fig. 8A, ¶ 0114) for containing a vapour generating liquid (“liquid reservoir 22 contains a liquid material”, ¶ 0116, and the device “heats the liquid material to a temperature sufficient to vaporize the liquid material”, ¶ 0118);
a vaporization device (outer susceptor layer 14 of “integrated wick/susceptor element 28/14”, Fig. 8A, ¶ 0151) including a heating element comprising at least one substantially cylindrical inductively heatable susceptor (outer susceptor layer 14 of “integrated wick/susceptor element 28/14”, Fig. 8A, ¶ 0151, is substantially in the shape of a parabolic cylinder1 and “the integrated wick/susceptor element 28/14 may have its heatable (central) portion 801 . . . such that the central portion is configured to optimize inductive heating”, ¶ 0151) positioned beneath the liquid store (using the orientation shown in Fig. 8A below) and arranged coaxially with respect to a central longitudinal axis of the cartridge (see Fig. 8A);
at least one channel or opening (holes within “upstream seal 15” through which the susceptor passes, Fig. 8A, ¶ 0116) which connects the liquid store to the vaporization device (see Fig. 8A); and
a porous liquid transfer element (inner wick layer 28 of “integrated wick/susceptor element 28/14”, Fig. 8A, ¶ 0151, which is porous (“mesh”, ¶ 0151) positioned adjacent to the at least one channel or opening (see Fig. 8A) and arranged to hold and transfer vapour generating liquid from the at least one channel or opening to the vaporization device by capillary action (“the properties of the mesh material and the number of layers being selected so as to achieve sufficient capillarity to have the capacity to draw liquid toward the heatable portion 801 of the integrated wick/susceptor element 28/14”, ¶ 0151);
wherein the at least one substantially cylindrical inductively heatable susceptor is arranged in thermal proximity to the porous liquid transfer element to heat and vaporize the vapour generating liquid held and transferred to the vaporization device by the porous liquid transfer (“a wick in communication with the liquid reservoir and configured to be in thermal communication with the susceptor such that the susceptor is operable to heat the liquid material to a temperature to vaporize the liquid material”, ¶ 0022).
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Figure 8A of Cadieux
Alternatively regarding claim 1, Cadieux discloses a cartridge (“liquid reservoir component (first or cartridge section) 70”, Fig. 7A, ¶ 0114) for a vapour generating device (“e-vaping device”, ¶ 0114), the cartridge comprising:
a liquid store (“liquid reservoir 22”, Fig. 7A, ¶ 0114) for containing a vapour generating liquid (“liquid reservoir 22 contains a liquid material”, ¶ 0116, and the device “heats the liquid material to a temperature sufficient to vaporize the liquid material”, ¶ 0118);
a vaporization device (“susceptor 14”, Fig. 7A, ¶ 0114) including a heating element comprising at least one substantially cylindrical inductively heatable susceptor (“susceptor 14 may comprise a foil disc”, Figs. 7A-7B, ¶ 0156) positioned beneath the liquid store (using the orientation shown in Fig. 7A below) and arranged coaxially with respect to a central longitudinal axis of the cartridge (see Fig. 7A);
at least one channel or opening (holes within “upstream seal 15” through which wick 28 passes, Fig. 7A, ¶ 0116) which connects the liquid store to the vaporization device (see Fig. 7A); and
a porous liquid transfer element (“filamentary wick 28”, Fig. 7A, ¶ 0156, which is porous due to spaces between individual filaments of the wick as shown in Fig. 7A) positioned adjacent to the at least one channel or opening (see Fig. 7A) and arranged to hold and transfer vapour generating liquid from the at least one channel or opening to the vaporization device by capillary action (“wick 28 may include a plurality of filaments having sufficient capillarity via interstitial spaces between the filaments to draw liquid from the liquid reservoir 22”, ¶ 0123);
wherein the at least one substantially cylindrical inductively heatable susceptor is arranged in thermal proximity to the porous liquid transfer element to heat and vaporize the vapour generating liquid held and transferred to the vaporization device by the porous liquid transfer (“a wick in communication with the liquid reservoir and configured to be in thermal communication with the susceptor such that the susceptor is operable to heat the liquid material to a temperature to vaporize the liquid material”, ¶ 0022).
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Figure 7A of Cadieux
Regarding claim 2, Cadieux discloses the cartridge according to claim 1 as stated above. Cadieux further discloses wherein the at least one substantially cylindrical inductively heatable susceptor extends around an outer surface of the porous liquid transfer element (see Fig. 8A).
Regarding claim 3, Cadieux discloses the cartridge according to claim 2 as stated above. Cadieux further discloses wherein the at least one substantially cylindrical inductively heatable susceptor fully surrounds the outer surface of the porous liquid transfer element (see Fig. 8A).
Regarding claim 4, Cadieux discloses the cartridge according to claim 2 as stated above. Cadieux further discloses wherein the at least one substantially cylindrical inductively heatable susceptor includes an inner surface that contacts the outer surface of the porous liquid transfer element (see Fig. 8A).
Regarding claim 5, Cadieux discloses the cartridge according to claim 4 as stated above. Cadieux further discloses wherein the outer surface of the porous liquid transfer element is substantially frusto-conical and the inner surface of the at least one substantially cylindrical inductively heatable susceptor has a corresponding substantially frusto-conical shape (as the outer surface of the porous liquid transfer element and the inner surface of the at least one substantially cylindrical inductively heatable susceptor have cross-sections shown in Fig. 8A substantially the same shape as a frustum, they are considered as being substantially frusto-conical, see Fig. 8A below, annotated by examiner).
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Figure 8A, Annotated by Examiner
Regarding claim 7, Cadieux discloses the cartridge according to claim 1 as stated above. Cadieux further discloses wherein the at least one substantially cylindrical inductively heatable susceptor comprises an electrically conductive material (“stainless steel threads or mesh”, ¶ 0151).
Regarding claim 9, Cadieux discloses the cartridge according to claim 1 as stated above. Cadieux further discloses wherein the at least one channel or opening is configured to provide a sufficient supply of vapour generating liquid from the liquid store to the porous liquid transfer element whilst limiting thermal energy transfer from the at least one substantially cylindrical inductively heatable susceptor or the porous liquid transfer element to the liquid store (“The capillarity properties of the wick 28 and the properties of the liquid are selected such that the wick 28 is always wet in the area adjacent the susceptor 14 to avoid overheating of the susceptor 14 and/or the wick 28”, ¶ 0125).
Regarding claim 10, Cadieux discloses the cartridge according to claim 1 as stated above. Cadieux further discloses wherein the liquid store comprises a sealing element (“upstream seal 15”, Fig. 8A, ¶ 0116) at a distal end and the sealing element includes the at least one channel or opening (see Fig. 8A).
Regarding claim 11, Cadieux discloses the cartridge according to claim 1 as stated in the alternative rejection of claim 1 above. Cadieux further discloses wherein the at least one channel or opening extends obliquely with respect to the central longitudinal axis of the cartridge (see portion of Fig. 7A below, annotated by examiner).
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Portion of Figure 7A, Annotated by Examiner
Regarding claim 13, Cadieux discloses the cartridge according to claim 1 as stated in the alternative rejection of claim 1 above. Cadieux further discloses wherein the porous liquid transfer element includes a proximal end (left end in portion of Fig. 7A below) adjacent to the liquid store and an opposite distal end (right end in portion of Fig. 7A below) having a step (see portion of Fig. 7A below), annotated by examiner).
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Portion of Figure 7A, Annotated by Examiner
Regarding claim 15, Cadieux discloses a vapour generating system (“e-vaping device 60”, Figs. 5-6, ¶ 0114) comprising a vapour generating device (reusable power supply component (battery section) 72”, Figs. 5-6, ¶ 0114) and the cartridge according to claim 1 (although Figs. 5-6 do not show the cartridge of claim 1, Cadieux discloses the cartridge of claim 1 shown in Fig. 8A as “an alternate example embodiment”, ¶ 0151) releasably connected to the vapour generating device (releasably connected via “connector 205” which is a “threaded connection”, Figs. 5-6 and 8A, ¶ 0114).
Regarding claim 16, Cadieux discloses the cartridge according to claim 7 as stated above. Cadieux further discloses wherein the electrically conductive material is metal, and the metal is stainless steel (“stainless steel threads or mesh”, ¶ 0151).
Claims 1, 6, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mironov et al. (WO 2019/206900 A1, provided by applicant with IDS filed 1/29/2024).
Regarding claim 1, Mironov discloses a cartridge (“aerosol-generating system 201”, Fig. 6, Page 24, Line 14) for a vapour generating device (“aerosol-generating system 201”, Fig. 6, Page 24, Line 14), the cartridge comprising:
a liquid store (“reservoir 250” in Fig. 6, Page 24, Line 12, corresponding to “reservoir 50” in Fig. 3, Page 18, Line 31) for containing a vapour generating liquid (“aerosol-forming liquid stored in the ring-shaped reservoir volume 55 of the hollow cylindrical reservoir 50”, Page 18, Lines 30-31);
a vaporization device (“inner ring portion of the susceptor element 230”, Fig. 6, Page 24, Lines 25-26) including a heating element comprising at least one substantially cylindrical inductively heatable susceptor (“inner ring portion of the susceptor element 230”, Fig. 6, Page 24, Lines 25-26) positioned beneath the liquid store (see Fig. 6);
at least one channel or opening (opening in seals 258 in Fig. 6, corresponding to “seals 58” in Fig. 3, Page 19, Line 16) which connects the liquid store to the vaporization device (see Fig. 6); and
a porous liquid transfer element (“liquid retention element 220” in Fig. 6, Page 24, Lines 21-22, corresponding to “liquid retention element 20” in Fig. 3, Page 19, Lines 2-3, which is “a porous ceramic material”, Page 19, Line 4) positioned adjacent to the at least one channel or opening (see Fig. 6) and arranged to hold and transfer vapour generating liquid from the at least one channel or opening to the vaporization device by capillary action (“aerosol-forming liquid stored in the liquid retention element may be easily transferred to the susceptor element, for example by capillary action”, Page 9, Lines 9-11);
wherein the at least one substantially cylindrical inductively heatable susceptor is arranged in thermal proximity to the porous liquid transfer element to heat and vaporize the vapour generating liquid held and transferred to the vaporization device by the porous liquid transfer (“To ensure sufficient vaporization of the aerosol-forming liquid, the liquid retention element advantageously is in direct contact to or at least in close proximity with the susceptor element”, Page 9, Lines 11-13).
Regarding claim 6, Mironov discloses the cartridge according to claim 1 as stated above. Mironov further discloses wherein the at least one substantially cylindrical inductively heatable susceptor comprises a susceptor ring (“inner ring portion of the susceptor element 230”, Fig. 6, Page 24, Lines 25-26).
Regarding claim 12, Mironov discloses the cartridge according to claim 1 as stated above. Mironov further discloses wherein the porous liquid transfer element comprises a porous ceramic (“a porous ceramic material”, Page 19, Line 4).
Regarding claim 14, Mironov discloses the cartridge according to claim 1 as stated above. Mironov further discloses an induction coil (“induction coil 240”, Fig. 6, Page 24, Lines 19-20) surrounding the at least one substantially cylindrical inductively heatable susceptor (as the induction coil extends around the entirety of the substantially cylindrical inductively heatable susceptor as seen in Fig. 6, the induction coil is considered as surrounding the at least one substantially cylindrical inductively heatable susceptor).
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.
Claims 8 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cadieux et al. (US 2015/0245669 A1) as applied to claim 1 above, and further in view of Taurino (US 2023/0046602 A1).
Regarding claim 8, Cadieux discloses the cartridge according to claim 1 as stated above. Cadieux does not explicitly disclose the thickness of the at least one substantially cylindrical inductively heatable susceptor to determine if it falls within the claimed range. Cadieux discloses that the at least one substantially cylindrical inductively heatable susceptor is formed from mesh material (“mesh material”, ¶ 0151). Taurino, in the same field of endeavor, discloses forming susceptors from mesh materials (“The mesh heater may be, or may comprise, a susceptor material”, ¶ 0105) and that the mesh material has a thickness less than 150 μm (“The thickness of the mesh heater may be less than . . . 150 . . . microns”, ¶ 0066). Both Cadieux and Taurino disclose the same function for the mesh susceptor of inductively heating a vapour generating liquid (see Cadieux ¶ 0151 and Taurino ¶ 0013, 0105-0106). As such, one of ordinary skill in the art could have used a mesh susceptor having a thickness within the range taught by Taurino, and the result would have been predictable, as the mesh susceptor still performs the same function. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to use the thickness range for mesh susceptors taught by Taurino, as Cadieux is silent as to the thickness of the mesh susceptor, the mesh susceptor must have some thickness, and Taurino discloses thicknesses that are suitable for the intended purpose. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the susceptor taught by Cadieux with a thickness within the range taught by Taurino (see MPEP § 2143(I)(A)). The range less than 150 μm falls with the claimed range of up to 150 μm (MPEP § 2131.03).
Regarding claim 17, Cadieux discloses the cartridge according to claim 1 as stated above. Cadieux does not explicitly disclose the thickness of the at least one substantially cylindrical inductively heatable susceptor to determine if it falls within the claimed range. Cadieux discloses that the at least one substantially cylindrical inductively heatable susceptor is formed from mesh material (“mesh material”, ¶ 0151). Taurino, in the same field of endeavor, discloses forming susceptors from mesh materials (“The mesh heater may be, or may comprise, a susceptor material”, ¶ 0105) and that the mesh material has a thickness less than 150 μm (“The thickness of the mesh heater may be less than . . . 150 . . . microns”, ¶ 0066). Both Cadieux and Taurino disclose the same function for the mesh susceptor of inductively heating a vapour generating liquid (see Cadieux ¶ 0151 and Taurino ¶ 0013, 0105-0106). As such, one of ordinary skill in the art could have used a mesh susceptor having a thickness within the range taught by Taurino, and the result would have been predictable, as the mesh susceptor still performs the same function. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to use the thickness range for mesh susceptors taught by Taurino, as Cadieux is silent as to the thickness of the mesh susceptor, the mesh susceptor must have some thickness, and Taurino discloses thicknesses that are suitable for the intended purpose. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the susceptor taught by Cadieux with a thickness within the range taught by Taurino (see MPEP § 2143(I)(A)). The range less than 150 μm overlaps the claimed range of between 30 μm and 150 μm (MPEP § 2144.05(I)).
Regarding claim 18, Cadieux discloses the cartridge according to claim 1 as stated above. Cadieux does not explicitly disclose the thickness of the at least one substantially cylindrical inductively heatable susceptor to determine if it is 100 μm. Cadieux discloses that the at least one substantially cylindrical inductively heatable susceptor is formed from mesh material (“mesh material”, ¶ 0151). Taurino, in the same field of endeavor, discloses forming susceptors from mesh materials (“The mesh heater may be, or may comprise, a susceptor material”, ¶ 0105) and that the mesh material has a thickness between 45 μm and 100 μm (“The thickness of the mesh heater may be between 45 and 100 . . . microns”, ¶ 0066). Both Cadieux and Taurino disclose the same function for the mesh susceptor of inductively heating a vapour generating liquid (see Cadieux ¶ 0151 and Taurino ¶ 0013, 0105-0106). As such, one of ordinary skill in the art could have used a mesh susceptor having a thickness within the range taught by Taurino, and the result would have been predictable, as the mesh susceptor still performs the same function. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to use the thickness range for mesh susceptors taught by Taurino, as Cadieux is silent as to the thickness of the mesh susceptor, the mesh susceptor must have some thickness, and Taurino discloses thicknesses that are suitable for the intended purpose. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the susceptor taught by Cadieux with a thickness within the range 45 μm to 100 μm taught by Taurino (see MPEP § 2143(I)(A)).
As Taurino teaches the range of thicknesses, the only decision left to one having ordinary skill in the art is the selection of the specific value within that range to use. As Taurino indicates that each value within that range is functional and there are no limitations as to the specific value within that range to use, one having ordinary skill in the art could have chosen any value within the range and would understand it to yield a predictable result. As such, it would have been obvious to one having ordinary skill in the art before the Application's effective filing date to select a value of 100 μm as claimed, as varying the thickness is the only variable which needs to be selected; the size of range disclosed by Taurino is small; varying the values within the range disclosed by the prior art results in a composition having the same utility as that of the claimed invention; tuning to the specific claimed value would have been within the level of skill of one having ordinary skill in the art; and the results would have been predictable (MPEP § 2144.08).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COURTNEY G CULBERT/Examiner, Art Unit 1747
1 As the term is used in the art, a “parabolic cylinder” is a type of “cylindrical” shape (see, e.g., ¶ 0104 of Hepworth et al., US 2023/0276855 A1).
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