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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed on 1/26/2024, 11/15/2024, 3/21/2025, 6/16/2025, 5/14/2026 have been considered by the Examiner.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed of PCT/JP2021/028198 on 7/29/2021. It is noted, however, that applicant has not filed a certified copy of the application as required by 37 CFR 1.55.
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5 line 3 should read “…on the antenna insertion side”, because this was previously introduced in claim 3 of which this claim depends.
Appropriate correction is required.
Claim Interpretation
It is noted that Claim 1-6 are tied to “a cartridge” and that the limitations are considered in terms of the structural limitations placed upon the claimed cartridge. Where these claims recite structure of a noncombustion-type flavor inhaler including an antenna which may be connected to the cartridge, the cartridge merely needs be capable of use with such structure of the inhaler, as the inhaler’s structure is not limiting on that of the cartridge.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fraser (US2020/0000151A1).
Regarding claim 1, Fraser teaches a cartridge (see Fig. 1, wherein the device includes a power section “20” and a cartridge section “30” [0025], wherein the cartridge is considered to be the portion “30”), that is attachable/detachable to/from a body part of a non-combustion type flavor inhaler (the cartridge “30” is clearly attachable/detachable from the rest of the body portion which is considered “20” as in Fig. 1 and may be connected by cooperating engagement elements “21” [0023, 0030]), including an antenna that emits microwaves for heating an aerosol source (it is noted that the claims are tied to “a cartridge” and to the structural limitations which limit the cartridge, such that requiring an inhaler to have an antenna does not specifically limit the structure of the cartridge as the cartridge of Fraser would clearly be capable of being mounted with a wide variety of different heating structures).
Fraser teaches a reserving element capable of holding the aerosol source (the cartridge section of Fig. 1 may have the structure as in Figs. 5-6 of Fraser. The reserving element may be considered to be the combination of the porous element “6” and the buffer “50”, which transfer the source liquid from the reservoir to a location to be vaporized by the heater [0026, 0058], such that these are both clearly capable of holding the aerosol source) and that has an antenna accommodating part that is capable of insertably/extractably accommodating the antenna when attaching/detaching from the body (the cartridge may include a chamber “7” located around the element “6”, such that this would clearly be capable of having an antenna inserted into the chamber),
Wherein the reserving element includes a first portion that constitutes a part of the reserving element and a second portion with a capillary force that is larger than a capillary force of the first portion (the first portion may be considered the buffer “50”, and the second portion may be considered the porous element “6” [Figs. 5-6 of Fraser]. The porous element “6” has a higher capillary force to the source liquid than the capillary force of the buffer [0048], such that the buffer may act as an absorbent buffer structure for when the conduit becomes saturated to prevent liquid leakage [0045-0048]),
Wherein the first portion and the second portion are disposed in series with respect to a direction of insertion/extraction of the antenna (as in Figs. 5-6, the direction of insertion/extraction may be considered up/down, as this is considered the direction that the antenna would be capable of being inserted into or around the chamber “7” thereof. The porous element “6” clearly extends further upwards than that of the buffer “50”, such that the liquid would necessarily first travel from the element “6” before travelling to the buffer “50” from the element “6”. As such, it is considered that the first and second portions are disposed in series with respect to the direction of insertion/extraction. And alternatively, under the broadest reasonable interpretation of the claim, it is noted that there are clearly portions of “6” which are located further upwards than other portions of the buffer “50”, such that the broadest reasonable interpretation of “in series” would be satisfied).
Regarding claim 2, Fraser teaches a cartridge wherein a reserving element accommodating member that accommodates the reserving element such that a chamber is formed around the reserving element (the accommodating member/chamber may be considered to be the chamber “7” [see Figs. 5-8], as the reserving element is clearly at least partially located in this and the chamber “7” is at least partially formed around the reserving elements), the chamber allows air taken in from outside to circulate therein and mixes the air and aerosol/atomized (air A enters the chamber from the outside, collects vaporized liquid, and leaves the chamber along a further path to the mouthpiece [0036]), and at least a part of the second portion is exposed to the chamber (the chamber clearly contacts the element “6” [Figs. 5-6], and this would clearly be the case so that air may mix with the liquid so as to form the aerosol vapor).
Regarding claim 3, Fraser teaches a cartridge wherein the first portion constitutes an antenna extraction side and the second portion an antenna insertion side (the antenna extraction side may be considered to be down in Figs. 5-6, while the antenna insertion side may be considered to be up in Figs. 5-6. The porous element “6” clearly extends further upwards, such that that it extends further in an insertion side, and as at least in Fig. 5 the buffer “50” extends further downwards towards an extraction side. And further, under the broadest reasonable interpretation thereof, the portions of the element “6” are clearly located towards an upper portion and portions of the buffer “50” are located towards a bottom portion, such that the broadest reasonable interpretation of the claimed terms is satisfied).
Regarding claim 4, Fraser teaches a cartridge wherein a reservoir that stores the aerosol source to be supplied to the reserving element and is in liquid communication with the second portion (as in Figs. 5-6, the liquid reservoir is “3” which holds the source liquid [0026]. The liquid transfers from the reservoir to the porous element “6” so that the liquid can be heated to form the aerosol [0026]).
Regarding claim 5, Fraser teaches a cartridge wherein the reservoir is disposed in series with the reserving element along the direction of insertion/extraction on the antenna insertion side with respect to the reserving element (the antenna insertion side may be considered to be up as in Fig. 5. The reservoir “3” is clearly located upwards compared to the element “6”, such that liquid travels from the reservoir downwards to the element “6”).
Regarding claim 6, Fraser teaches a cartridge wherein the reserving element is made of a fiber material or porous material (“6” may be a porous element [0026], and the buffer “50” may also be a porous or fiber material [0049]), and the first portion has an air permeability higher than the air permeability of the second portion (the average and maximum pore size of the liquid conduit “6” may be smaller than that that of the buffer [0053]. Because air permeability is directly related to the pore size, the first portion of the buffer would clearly have a higher permeability than that of the element “6” of the second portion).
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Fraser (US2020/0000151A1) in view of Yang (CN208708751U) or Emmett (WO2021013477A1).
Regarding claim 1, Fraser teaches a cartridge (see Fig. 1, wherein the device includes a power section “20” and a cartridge section “30” [0025], wherein the cartridge is considered to be the portion “30”), that is attachable/detachable to/from a body part of a non-combustion type flavor inhaler (the cartridge “30” is clearly attachable/detachable from the rest of the body portion which is considered “20” as in Fig. 1 and may be connected by cooperating engagement elements “21” [0023, 0030]), including an antenna that emits microwaves for heating an aerosol source (it is noted that the claims are tied to “a cartridge” and to the structural limitations which limit the cartridge, such that requiring an inhaler to have an antenna does not specifically limit the structure of the cartridge as the cartridge of Fraser would clearly be capable of being mounted with a wide variety of different heating structures).
Regardless, it is noted that the presence of antenna’s to heat an aerosol source in a cartridge are extremely common/ubiquitous within the art of aerosol generating devices. Fraser suggests that embodiments of the disclosure are applicable to any and all assembly configurations [0027], that components may be differently distributed between the power section 20 and the cartridge section and that other components may be included in each of these sections [0030], and that the arrangement and positions of the wick/buffer are not limited and may be arranged as needed [0061], such that Fraser readily suggests that structural modifications may be utilized.
Yang teaches an electronic cigarette which comprises a main body portion (Fig. 6) which comprises a microwave antenna 8 which is located in the microwave cavity 7 [pg. 5 of machine translation]. Yang teaches a “flare” 9 as shown in Figs. 7-8, which is removable and may be placed into the microwave antenna so as to heat the aerosol substrate [pg. 5-6 of machine translation]. As in Fig. 9, there is clearly formed an antenna accommodating part around wherein the antenna is inserted.
One of ordinary skill in the art would have found it obvious to modify the heating structure of Fraser so as to have a microwave antenna as part of the main body portion which penetrates a cartridge, as suggested by Yang. One would have been motivated so as to improve the heating speed of the substrate, improve uniformity of heating, and improve the user experience [pg. 4-5 of machine translation]. And as Fraser does not limit its device and rather explicitly suggests that any number of different modifications may be made to its device, it would have been a simple substitution to change the heating structure from the heater as shown to the well-known in the art microwave antenna which extends from the body portion and into the cartridge when the two are connected.
Alternatively applied, Emmett teaches an aerosol-generating system “21” which is the body of the device and an article “22” which is inserted inside of the housing [Fig. 2, 5]. The system may include an antenna “59” which extends into the article “22” [Fig. 5]. The antenna emits waves from the generator “53” so as to heat the substrate in the article [pg. 12-13], such that the article would clearly have an antenna accommodating portion for heating when it is inserted.
One of ordinary skill in the art would have found it obvious to modify the heating structure of Fraser so as to have the microwave antenna in the main body portion which penetrates the article, as suggested by Emmett. One would have been motivated so as to help keep the article in the body of the device, as well as to improve the heating [pg. 12-13]. And as Fraser does not limit its device and rather explicitly suggests that any number of different modifications may be made to its device, it would have been a simple substitution to change the heating structure from the heater as shown to the well-known in the art microwave antenna which extends from the body portion and into the cartridge when the two are connected.
Modified Fraser, makes obvious a reserving element capable of holding the aerosol source (the cartridge section of Fig. 1 may have the structure as in Figs. 5-6 of Fraser. The reserving element may be considered to be the combination of the porous element “6” and the buffer “50”, which transfer the source liquid from the reservoir to a location to be vaporized by the heater [0026, 0058], such that these are both clearly capable of holding the aerosol source) and that has an antenna accommodating part that is capable of insertably/extractably accommodating the antenna when attaching/detaching from the body (as noted above, the antenna is not specifically required in the claim, such that the reserving element, depending on an exact size of the antenna, would clearly be capable of accommodating an inserted antenna. In view of Yang/Emmett, it is clearly well known to have the cartridge penetrated by the microwave antenna so as to apply heating to the substrate material, such that there would clearly be an accommodating portion when the antenna is inserted),
Wherein the reserving element includes a first portion that constitutes a part of the reserving element and a second portion with a capillary force that is larger than a capillary force of the first portion (the first portion may be considered the buffer “50”, and the second portion may be considered the porous element “6” [Figs. 5-6 of Fraser]. The porous element “6” has a higher capillary force to the source liquid than the capillary force of the buffer [0048], such that the buffer may act as an absorbent buffer structure for when the conduit becomes saturated to prevent liquid leakage [0045-0048]),
Wherein the first portion and the second portion are disposed in series with respect to a direction of insertion/extraction of the antenna (as in Figs. 5-6, the direction of insertion/extraction would be considered up/down, as this is considered the direction that the antenna would be inserted [see Figs. 1-6 of Fraser, and each of Yang and Emmett showing an elongated cartridge with an elongated antenna inserted therein)]. The porous element “6” clearly extends further upwards than that of the buffer “50”, such that the liquid would necessarily first travel from the element “6” before travelling to the buffer “50” from the element “6”. As such, it is considered that the first and second portions are disposed in series with respect to the direction of insertion/extraction. And alternatively, under the broadest reasonable interpretation of the claim, it is noted that there are clearly portions of “6” which are located further upwards than portions of the buffer “50”, such that the broadest reasonable interpretation of “in series” would be satisfied).
Regarding claim 2, modified Fraser suggests a cartridge wherein a reserving element accommodating member that accommodates the reserving element such that a chamber is formed around the reserving element (the accommodating member/chamber may be considered to be the chamber “7” [see Figs. 5-8 of Fraser], as the reserving element is clearly at least partially located in this and the chamber “7” is at least partially formed around the reserving elements), the chamber allows air taken in from outside to circulate therein and mixes the air and aerosol/atomized (air A enters the chamber from the outside, collects vaporized liquid, and leaves the chamber along a further path to the mouthpiece [0036]), and at least a part of the second portion is exposed to the chamber (the chamber clearly contacts the element “6” [Figs. 5-6], and this would clearly be the case so that air may mix with the liquid so as to form the aerosol vapor).
Regarding claim 3, modified Fraser suggests a cartridge wherein the first portion constitutes an antenna extraction side and the second portion an antenna insertion side (the antenna extraction side may be considered to be down in Figs. 5-6 of Fraser, while the antenna insertion side may be considered to be up in Figs. 5-6. The porous element “6” clearly extends further upwards, such that that it extends further in an insertion side, and as at least in Fig. 5 the buffer “50” extends further downwards towards an extraction side. And further, under the broadest reasonable interpretation thereof, the portions of the element “6” are clearly located towards an upper portion and portions of the buffer “50” are located towards a bottom portion, such that the broadest reasonable interpretation of the claimed terms is satisfied).
Regarding claim 4, modified Fraser suggests a cartridge wherein a reservoir that stores the aerosol source to be supplied to the reserving element and is in liquid communication with the second portion (as in Figs. 5-6 of Fraser, the liquid reservoir is “3” which holds the source liquid [0026]. The liquid transfers from the reservoir to the porous element “6” so that the liquid can be heated to form the aerosol [0026]).
Regarding claim 5, modified Fraser suggests a cartridge wherein the reservoir is disposed in series with the reserving element along the direction of insertion/extraction on the antenna insertion side with respect to the reserving element (the antenna insertion side may be considered to be up as in Fig. 5 of Fraser. The reservoir “3” is clearly located upwards compared to the element “6”, such that liquid travels from the reservoir downwards to the element “6”).
Regarding claim 6, modified Fraser suggests a cartridge wherein the reserving element is made of a fiber material or porous material (“6” may be a porous element [0026], and the buffer “50” may also be a porous or fiber material [0049]), and the first portion has an air permeability higher than the air permeability of the second portion (the average and maximum pore size of the liquid conduit “6” may be smaller than that that of the buffer [0053]. Because air permeability is directly related to the pore size, the first portion of the buffer would clearly have a higher permeability than that of the element “6” of the second portion).
In the alternate, claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fraser (US2020/0000151A1) in view of Yang (CN208708751U) or Emmett (WO2021013477A1), as applied to claim 1 above, and further in view of Matsumoto (JP2019129759A).
In the alternate regarding claim 2, it is noted that it is conventional design in the art for cartridges to have the chamber formed as claimed. Optionally applied, Matsumoto teaches a cartridge “20”, wherein the cartridge comprises a tank unit as shown in Fig. 2B for example. This may include a liquid holding member “25” and a heater “26” which are the atomizer, and a liquid storage portion “30” [pg. 2-3 of machine translation]. There is formed around the liquid holding member an air chamber “27” that acts as a space around the atomizer and as an air flow path [pg. 3 of machine translation]. There are a pair of air inlets “33” which communicate with the chamber, such that air enters from the atmosphere to the chamber and mixes with the aerosolized vapor [pgs. 3-4 of machine translation]. The chamber, as in Fig. 2B for example, is clearly in communication with the liquid holding member (equivalent to the reserving element) so as to enable atomization to occur and transfer the vapor through the outlet. One of ordinary skill in the art would have found it obvious to modify the cartridge of Fraser so as to have the air chamber and air flow path as suggested in Matsumoto. One would have found it obvious to utilize these well-known and ubiquituous air flows/chambers so as to ensure the vaporization of the liquid while minimizing aerosol condensation [pgs. 3-5 of machine translation].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fraser (US2020/0000151A1) in view of Yang (CN208708751U) or Emmett (WO2021013477A1).
Regarding claim 7, Fraser teaches a noncombustion-type flavor inhaler (considered to be the e-cigarette “10” comprising the cartridge “30” and power/body portion “20”) comprising:
A cartridge (see Fig. 1, cartridge section “30” [0025]), that is attachable/detachable to/from a body part of a non-combustion type flavor inhaler (the cartridge “30” is clearly attachable/detachable from the rest of the body portion which is considered “20” as in Fig. 1 and may be connected by cooperating engagement elements “21” [0023, 0030]),
the body part to which/from which the cartridge is attachable/detachable (this may be considered to be the cooperating engagement elements “21” [0023, 0030]).
Fraser does not explicitly disclose the antenna in the body part of the inhaler. It is noted that the presence of antenna’s to heat an aerosol source in a cartridge are extremely common/ubiquitous within the art of aerosol generating devices. Fraser suggests that embodiments of the disclosure are applicable to any and all assembly configurations [0027], that components may be differently distributed between the power section 20 and the cartridge section and that other components may be included in each of these sections [0030], and that the arrangement and positions of the wick/buffer are not limited and may be arranged as needed [0061], such that Fraser readily suggests that structural modifications may be utilized.
Yang teaches an electronic cigarette which comprises a main body portion (Fig. 6) which comprises a microwave antenna 8 which is located in the microwave cavity 7 [pg. 5 of machine translation]. Yang teaches a “flare” 9 as shown in Figs. 7-8, which is removable and may be placed into the microwave antenna so as to heat the aerosol substrate [pg. 5-6 of machine translation]. As in Fig. 9, there is clearly formed an antenna accommodating part around wherein the antenna is inserted.
One of ordinary skill in the art would have found it obvious to modify the heating structure of Fraser so as to have a microwave antenna as part of the main body portion which penetrates a cartridge, as suggested by Yang. One would have been motivated so as to improve the heating speed of the substrate, improve uniformity of heating, and improve the user experience [pg. 4-5 of machine translation]. And as Fraser does not limit its device and rather explicitly suggests that any number of different modifications may be made to its device, it would have been a simple substitution to change the heating structure from the heater as shown to the well-known in the art microwave antenna which extends from the body portion and into the cartridge when the two are connected.
Alternatively applied, Emmett teaches an aerosol-generating system “21” which is the body of the device and an article “22” which is inserted inside of the housing [Fig. 2, 5]. The system may include an antenna “59” which extends into the article “22” [Fig. 5]. The antenna emits waves from the generator “53” so as to heat the substrate in the article [pg. 12-13], such that the article would clearly have an antenna accommodating portion for heating when it is inserted.
One of ordinary skill in the art would have found it obvious to modify the heating structure of Fraser so as to have the microwave antenna in the main body portion which penetrates the article, as suggested by Emmett. One would have been motivated so as to help keep the article in the body of the device, as well as to improve the heating [pg. 12-13]. And as Fraser does not limit its device and rather explicitly suggests that any number of different modifications may be made to its device, it would have been a simple substitution to change the heating structure from the heater as shown to the well-known in the art microwave antenna which extends from the body portion and into the cartridge when the two are connected.
Modified Fraser, makes obvious a reserving element capable of holding the aerosol source (the cartridge section of Fig. 1 may have the structure as in Figs. 5-6 of Fraser. The reserving element may be considered to be the combination of the porous element “6” and the buffer “50”, which transfer the source liquid from the reservoir to a location to be vaporized by the heater [0026, 0058], such that these are both clearly capable of holding the aerosol source) and that has an antenna accommodating part that is capable of insertably/extractably accommodating the antenna when attaching/detaching from the body (In view of Yang/Emmett, it is clearly well known to have the cartridge penetrated by the microwave antenna so as to apply heating to the substrate material, such that there would clearly be an accommodating portion when the antenna is inserted, such that the portion around the inserted antenna would be the accommodating portion),
Wherein the reserving element includes a first portion that constitutes a part of the reserving element and a second portion with a capillary force that is larger than a capillary force of the first portion (the first portion may be considered the buffer “50”, and the second portion may be considered the porous element “6” [Figs. 5-6 of Fraser]. The porous element “6” has a higher capillary force to the source liquid than the capillary force of the buffer [0048], such that the buffer may act as an absorbent buffer structure for when the conduit becomes saturated to prevent liquid leakage [0045-0048]),
Wherein the first portion and the second portion are disposed in series with respect to a direction of insertion/extraction of the antenna (as in Figs. 5-6, the direction of insertion/extraction would be considered up/down, as this is considered the direction that the antenna would be inserted [see Figs. 1-6 of Fraser, and each of Yang and Emmett showing an elongated cartridge with an elongated antenna inserted therein)]. The porous element “6” clearly extends further upwards than that of the buffer “50”, such that the liquid would necessarily first travel from the element “6” before travelling to the buffer “50” from the element “6”. As such, it is considered that the first and second portions are disposed in series with respect to the direction of insertion/extraction. And alternatively, under the broadest reasonable interpretation of the claim, it is noted that there are clearly portions of “6” which are located further upwards than portions of the buffer “50”, such that the broadest reasonable interpretation of “in series” would be satisfied).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS F SCHNEIDER whose telephone number is (571)272-4857. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.F.S./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
Prosecution Insights