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 .
Election/Restrictions
Claims 6 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/17/2025.
Applicant’s election without traverse of Species A in the reply filed on 12/17/2025 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7, 9-16, 18, and 20-22 is/are rejected under 35 U.S.C. 102(a)(1)&( 2) as being anticipated by Davis et al. (WO 2020/025738 A2).
Regarding claims 1 and 12, Davis discloses:
A system for generating an inhalable aerosol, ([pg 1 lines 23-24]), the system comprising:
an insert, comprising:
a housing defining an inner chamber, ([pg 26 line 25] Fig 1 & 2 ref an outer tube 10a defining an interior space anticipating an inner chamber), the inner chamber comprising:
a first compartment configured to contain a non-liquid vaporizable material, the non-liquid vaporizable material forming a part of the inhalable aerosol as a result of being heated, ([pg 32 lines 1-8] Fig 1&2 ref 10b the first compartment being defined by the outer tube 10a and the material itself 10b, and the air gap 13, [pg 31 lines 3-5] the aerosolizable material may be an amorphous solid or other forms described); and
a second compartment that is separate from the first compartment of the inner chamber and defines a first insert airflow pathway, ([pg 32 lines 1-8] Fig 1&2 ref 13 the second compartment defined bounded by the outer aeroslizable material ref 10b, the inner aerosolizable material 11b and the spacing elements 12, 12a, 12b),
the second compartment, extending between an inlet and an outlet of the housing, (Fig 2 ref 17 indicating a mouth end outlet, the opposite end comprising the inlet), configured to allow formation of the inhalable aerosol therealong and delivery of the inhalable aerosol through the outlet for inhalation by a user, ([pg 32 lines 1-8] describing an external tube heater to heat the aerosolizable material on the interior of the outer tube, and an internal tube heater to heat the aerosolizable material on the exterior of the inner tube, where the aerosol from each mingle in the gap between the two (and are expected to be inhalable through the end of the end of the tube, , ([pg 36 lines 17-18] Fig 2, ref 17); and
a vaporizer body, (Fig 6) comprising:
a receptacle, (Fig 6 ref 110) configured to receive the insert; and
a device airflow pathway that extends into the receptacle between the insert and a side wall of the receptacle, (Fig 6 depicting a consumable expected to have an exterior gap between the sidewall of the receptacle, [pg 37 lines 32-33] suggesting the outer tube of the insert is nonporous, reasonably depicting a device airflow pathway in the absence of any other air inlet shown),
the device airflow pathway being upstream from and in fluid communication with the first insert airflow pathway, (Fig 6); and
wherein the system further comprises a heating element configured to heat the non-liquid vaporizable material when the insert is positioned in the compartment receptacle to generate the inhalable aerosol, ([pg 32 lines 1-8] describing exterior and interior tube heaters).
Regarding claims 2 and 13, Davis discloses:
The system of claim 1, further comprising an outlet positioned along a mouthpiece of the insert, ([pg 41 lines 13-16] Fig 2, ref 17 the end of the tube anticipating a mouthpiece in use as a location that the user draws aerosol from the consumable with their mouth).
Regarding claims 3 and 14, Davis discloses:
The system of claim 2, further comprising an inlet positioned along a first end of the insert, the first end being opposed to a second end including the mouthpiece, (Fig 2 having a mouthpiece end, ref 17, and opposite to that end, a first end with an inlet).
Regarding claims 4 and 15, Davis discloses:
The system of claim 1, wherein the first compartment and the second compartment extend approximately parallel to each other, (Fig 2 ref 10b first compartment with solid vaporizable material and 13 second compartment comprising an airflow passage, extending approximately parallel along the A----A line).
Regarding claims 5 and 16, Davis discloses:
The system of claim 1, wherein the inner chamber further includes a third compartment configured to contain additional non-liquid vaporizable material, the second compartment positioned between the first compartment and the third compartment, (Fig 2 ref 11b comprising additional solid vaporizable material, a layer on the inner tube 11a, the layer 11b, the inner tube 11a, and the air gap 13 bounding the layer and forming the second compartment).
Regarding claims 7 and 18, Davis discloses:
The system of claim 1, wherein the housing comprises aluminum foil, ([pg 34 lines 2] describing the outer layer of the tube as a carrier, and [pg 16 lines 19-20] indicating that in some embodiments the carrier comprises a metal foil such as aluminum foil).
Regarding claims 9 and 20, Davis discloses:
The system of claim 1, wherein the housing comprises a paper material, , ([pg 34 lines 2] describing the outer layer of the tube as a carrier, and [pg 16 lines 8-12] indicating that in some embodiments the carrier comprises a paper-backed foil).
Regarding claims 10 and 21, Davis discloses:
The system of claim 1, wherein the non- liquid vaporizable material comprises a plant material and/or a plant material based product, ([pg 7-8 lines 30-5] the aerosolizable material may contain tobacco, known to be a plant material).
Regarding claims 11 and 22, Davis discloses:
The system of claim 1, wherein the non-liquid vaporizable material comprises a tobacco leaf and/or a reconstituted tobacco, ([pg 7-8 lines 30-5] the aerosolizable material may contain reconstituted tobacco).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL E VAKILI whose telephone number is (571)272-5171. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm.
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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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/D.E.V./Examiner, Art Unit 1747
/KATHERINE A WILL/Primary Examiner, Art Unit 1747