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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1-2-2026 has been entered.
Response to Amendment
This office action is in response to the Applicants’ arguments/remarks filed 1-2-2026.
Claims 1-3 and 5-11 are presently examined.
Claim 1 is currently amended.
Claim 11 is new.
Allowable Subject Matter
Claim 11 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:
Regarding Claim 11, Monsees teaches the cartridge further comprises a refill channel (see [0349], a needle is used to fill the cartridge, the needle fill path is the refill channel), for allowing aerosolisable material to be passed at pressure from outside the cartridge, through the refill channel and the opening, into the chamber (an ordinary artisan would appreciate that a needle that is filling a tank of liquid would be pushed with pressure to cause the liquid to move from the needle into the reservoir through the elastomeric cap which is interpreted to be a septum suitable for using a needle to refill a reservoir [0347] and [0349]);
However modified Monsees and the prior art fails to teach or suggest a valve located in the refill channel for allowing aerosolisable material to be passed at pressure from outside the cartridge, through the refill channel and the opening, into the chamber; and the valve is configured to inhibit the escape of aerosolisable material from the refill channel even when the closure means is in the second position, e.g., if Cap 114 of Gerkin is removed aerosolizable material would likely be capable of escaping from the chamber.
Claim Objections
Claim 1 is objected to because of the following informalities: the claim recites “insider” at line 17. The term is interpreted as “inside”. Appropriate correction is required.
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 1 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 1 recites the limitation "the housing" in claim 1 line 13. There is insufficient antecedent basis for this limitation in the claim. Claim 1 previously recites a body but does not previously recite a housing. It is unclear whether the housing refers to the body or another component.
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.
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 1-3, 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Monsees (US 20160366947 A1) and further in view of Gerkin (US20150257441A1)
Regarding Claim 1, Monsees teaches:
a system comprising: an aerosol provision cartridge and a body to which the aerosol provision cartridge is attachable ([0339], see FIGs 28A-28C, a vaporizer 2803 into which a cartridge 2801 has been securely loaded, the cartridge is snapped into position in the vaporizer with the cartridge base seating in the vaporizer mating region, e.g., attached), wherein
the body includes a battery [0224] and wherein
the cartridge comprises: a refillable chamber for aerosolizable material ([0346] a cartridge including a reservoir into which fluid may be filled and a tank 3001 housing the reservoir, [0350] an elongate and flattened storage compartment configured to hold a liquid vaporizable material),
an aerosol generating component comprising a heater (cartridge heater 36, [0224]) and
the refillable chamber comprising an opening for insertion of aerosolizable material into the refillable chamber [0349] and specifically teaches filling the tank using a needle inserted from the bottom,
the heater is configured to be located inside the recessed end of the body when the aerosol provision cartridge is attached to the body ([0342], the base of the cartridge is seated within the mating region of the body, see FIG 28D; the storage compartment surface engages snugly within the walls of the cartridge receptacle [0343], with the heater seated inside the distal end of the receptacle/recess [0343], therefore the heater is located inside the recessed end of the body when the aerosol provision cartridge is attached to the body)
However Monsees fails to explicitly disclose a closure means for preventing access to the opening, wherein the closure means is moveable from a first position in which access to the opening is prevented, and a second position in which access to the opening is possible, wherein the closure means is prevented by the body from moving to the second position when the aerosol provision cartridge is attached to the body, and wherein the closure means is covered by the body when the aerosol provision cartridge is attached to the housing; wherein the aerosol provision cartridge is attachable to the body by being inserted into a recessed end of the body, and wherein the closure means is configured to be covered inside the recessed end of the body when the aerosol provision cartridge is attached to the body,
Gerkin teaches a closure means ([0030], plug 114, see FIG 2) for preventing access to the opening (plug 114 closes aperture 112 blocking access to the chamber 110 [0030]-[0032]), wherein
the closure means is moveable from a first position in which access to the opening is prevented ([0030] plug 114 closes aperture 112 blocking access to the chamber 110, [0031] plug 114 is friction fit into the aperture thereby preventing access) and
a second position in which access to the opening is possible (see [0040], removing the plug with the tool allows access to the opening), wherein
the closure means is prevented by the body from moving to the second position when the aerosol provision cartridge is attached to the body ([0031] plug 114 is friction fit into the aperture thus the closure means is prevented by the body to which it is friction fit, from moving to the second position when the aerosol provision cartridge is attached to the body),
It would have been obvious to a person of ordinary skill in the art to modify Monsees’ bottom fill access 3011 by replacing it with Gerkin’s plug closure 114 (Monsees [0347]) to provide a resealable locking refill opening, reduce leakage when not refilling, and permit continued use of refillable device components after the cartridge liquid is expended as recognized by Gerkin [0028]. When applied to Monsees’ bottom/side fill location on the cartridge base, the plug would be covered by the receptacle walls when the cartridge is attached and would be prevented from being removed until the cartridge is detached.
The teachings of Monsees [0342] provides a structure where the inserted cartridge base is inserted snugly within the walls of the cartridge receptacle. Therefore placing Gerkins refill aperture plug on the inserted base end of the Monsees cartridge would result in the plug being covered by the receptacle walls when the aerosol provision cartridge is attached to the housing and merely supplies the movable closure for that known refill access.
Monsees in combination with/as modified by Gerkin teaches:
the closure means is covered by the body when the aerosol provision cartridge is attached to the housing (e.g., Monsees teaches the cartridge base is seating in the cartridge receptacle 2704 and the cartridge is received therein with the bottom of the cartridge and by extension the plug 114 of Gerkin would be covered by the body when the aerosol provision cartridge is inserted and attached to the housing);
the aerosol provision cartridge is attachable to the body by being inserted into a recessed end of the body (Monsees [0339], and FIG 28A-28D which show the cartridge 2801 is attachable/inserted into the receptacle 2704), and wherein
the closure means is configured to be covered inside the recessed end of the body when the aerosol provision cartridge is attached to the body, (e.g., Monsees [0349] teaches bottom filling as explained, [0342] Monsees teaches the received cartridge surface is engaged within the receptacle walls. Modifying Monsees with the Plug 114 and aperture 112 of Gerkin at the bottom edge of the cartridge places the closure at the portion received inside the recessed end of the body when the aerosol provision cartridge is attached to the body.
Regarding Claim 2, modified Monsees teaches the claim limitations as set forth above.
Additionally, Monsees teaches the aerosol provision cartridge further comprises an air outlet channel which extends from the aerosol generating component (([0350], air channel including channel 46 extends from the heater to the proximal end of the aerosol generating component)
to an opening from the aerosol provision cartridge which is proximal a first end of the refillable chamber ([0350]-[0352] the air channel is fluidly connected and forms a fluid connection air channel between the heating chamber 2486 (located around heater 2485 in FIG 24A) in the cartridge to the mouthpiece opening 2495.
Regarding Claim 3, modified Monsees teaches the claim limitations as set forth above. Additionally, Monsees teaches the refillable chamber surrounds the air outlet channel (e.g., see [0350]-[0352] and FIG 24A, the air outlet channel that includes channel 46 passes through the refillable chamber).
Regarding Claim 5, modified Monsees teaches the claim limitations as set forth above.
Additionally, Monsees teaches the aerosol generating component includes the aerosol provision cartridge (see [0343] and [0352], Monsees teaches the cartridge includes therein the aerosol generating component which includes the wick, heater, and chamber, etc.).
Although Monsees does not explicitly disclose the aerosol generating component is integral to the cartridge; Monsees teaches the aerosol generating component is included in the cartridge as explained. It would have been obvious to a person of ordinary skill in the art to modify the aerosol generating component of Monsees which is included in the cartridge such that the aerosol generating component is integral to the cartridge. The use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been obvious to a person of ordinary skill in the art. See MPEP § 2144.04(V)(B).
Regarding Claim 6, modified Monsees teaches the claim limitations as set forth above.
Additionally, Monsees teaches when the aerosol provision cartridge is inserted into the recessed end of the body (see [0339]-[0340], cartridge 2801 is inserted into receptacle 2704 of body 2803),
electrical contacts located on the aerosol provision cartridge make contact with electrical contacts from the body (see [0341] electrical contacts 2844 in the receptacle 2704 connect to the cartridge contacts 2411)
to allow power from the battery located inside the body to be passed through to the aerosol provision cartridge ( see [0341] contacts 2844 allow power to be passed from the body to the cartridge, an ordinary artisan would appreciate this power is coming from the power provided by the battery [0224]).
Regarding Claim 7, modified Monsees teaches the claim limitations as set forth above. Additionally Monsees teaches the aerosol generating component is located in the refillable chamber (see [0346] the aerosol generating component is in the refillable chamber 3005).
Regarding Claim 8, modified Monsees teaches the claim limitations as set forth above. Additionally, Monsees teaches the aerosol provision cartridge further comprises a mouthpiece ([0348, e.g., mouthpiece 3015, see FIG 30), wherein
the refillable chamber is at least partially located within the mouthpiece (see FIG 30, when the device is assembled the tank 3001 is partially located within the mouthpiece 3015 as illustrated in the exploded FIG 30, e.g., compare to FIG 31A.)
Regarding Claim 9, modified Monsees teaches the claim limitations as set forth above.
Monsees teaches a cartridge having a mouthpiece 31/2409 and a refillable tank/storage refillable from the bottom or side [0352].
Gerkin teaches a plug closure 114 for closing a refill aperture 112 [0030]. It would have been obvious to a person of ordinary skill in the art to modify Monsees such as to locate Gerkins’ plug 114 at Monsees refill access port adjacent to the mouthpiece end of the storage compartment because Monsees already teaches filling the storage adjacent to the mouthpiece and Gerkin teaches a known removable closure suitable for a similar refill aperture and this merely involves applying suitable characteristics to a similar product with a reasonable expectation of success.
Regarding Claim 10, modified Monsees teaches the claim limitations as set forth above.
Additionally, Monsees teaches an outlet for delivering the aerosolisable material, which is vaporised by the system, to a user of the system; (e.g., [0350] aerosolizable material that is vaporized by the system is inhaled by the user via the mouthpiece) wherein
arranging the closure means in the first position causes the mouthpiece to be located between the outlet and the closure means (e.g., the modification of Monsees with the Gerkin plug 114 in the first position closes aperture 112 of Monsees’ refill access adjacent to the mouthpiece places the mouthpiece between the vapor outlet and the closed refill plug which arranges the mouthpiece to be located between the outlet and the closure means).
Response to Arguments
Applicant’s arguments and claim amendments, see Applicant Arguments/Remarks, filed 1-2-2026, with respect to the rejection(s) of claim(s) 1-3, and 5-11 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made with Monsees in view of Gerkin as set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael T Fulton whose telephone number is (703)756-1998. The examiner can normally be reached Monday-Friday 7:00 - 4:30 ET.
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/M.T.F./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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