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 has been considered by the Examiner.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on JP2021028194 filed 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 Interpretation
It is noted that claims 1-9 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 1-9 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),
A reservoir that stores the aerosol source for being supplied to the reserving element and that is in liquid communication with a first reserving element end part that is located on an antenna insertion side of the reserving element, the antenna insertion side of the reserving element being a side toward which the antenna is inserted (the cartridge includes a reservoir “3” which contains a source liquid for which the aerosol is to be generated [0026]. The porous element “6” is in communication with the reservoir to transfer the liquid for heating [0026, Figs. 2-6]. The antenna insertion direction may be considered to be upwards in Figs. 2-3, 5-6, as an antenna would be capable of being inserted in an upwards direction, and the first reserving element end part may thus be considered to be any upper portion of the element “6”).
Regarding claim 2, Fraser teaches a cartridge wherein the reservoir extends along a direction of insertion/extraction of the antenna into/from the antenna accommodating part (as noted above, the antenna insertion/extraction direction may be considered to be the up/down direction as in Figs. 2-6 of Fraser, as an antenna is capable of being inserted inwards in this location. The reservoir “3” clearly extends longitudinally in this direction).
Regarding claim 3, Fraser teaches a cartridge wherein the reservoir is disposed in series with the reserving element along a direction of insertion of the antenna into the antenna accommodating part (the antenna insertion side may be considered to be up as in Figs. 5-6. The reservoir “3” is clearly located upwards compared to the element “6”, such that liquid travels from the reservoir downwards to the element “6” to be vaporized. As such, this would clearly be considered to be disposed “in series”).
Regarding claim 4, Fraser teaches a cartridge wherein, of the reservoir, a first reservoir end part that is located on a side towards which the antenna is extracted is disposed closer to an antenna insertion side than an insertion end of the antenna in an inserted state with respect to the antenna accommodating part (the first reservoir end part may be considered the lower portion of the reservoir “3” in the figures. As the antenna is not specifically claimed, the reservoir end part may clearly be located further towards the insertion side depending on the length of the antenna of the inhaler body. And further, the reservoir end body is substantially the same as that of the instant application Fig. 4, such that the reservoir is located entirely above the reserving elements, such that it would be further towards an insertion side when an antenna were placed therein).
Regarding claim 5, 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. 2-3, 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 being provided to allow air taken in from outside to circulate therein and mix the air and aerosol source vaporized or atomized by microwaves emitted from the antenna (air A enters the chamber from the outside, collects vaporized liquid, and leaves the chamber along a further path to the mouthpiece [0036], such that air would clearly be mixed, vaporized, and would be capable of being heated by microwaves from the unclaimed antenna).
Regarding claim 6, Fraser teaches a cartridge wherein the reserving element has a pillar shape (the shape of the element “6” in any of Figs. 2-3, 5-6 may be considered to be “pillar shaped” under the broadest reasonable interpretation thereof. At least a portion of the element “6”, or all of it, extends in a longitudinal direction and is construed as “pillar shaped”. And additionally, the element “6” may be rod-shaped [0033]), wherein the chamber includes a first chamber region that faces a side peripheral portion of the reserving element and a second chamber region that faces a first reserving element end part on an antenna insertion side (the air chamber may be arranged in a variety of manners, including such that it is located at a side peripheral portion of “6” as in Fig. 3, and wherein the air chamber extends upwards along the length of the element “6” [Figs. 3,5-6]. When the first reserving element end part is considered to be a portion of “6” located in the upwards direction, the air chamber as in Fig. 3 may clearly be located to face this portion. It being noted that it is not required for the first reserving element end to be the outermost portion (in the insertion direction) of the reserving element, but merely that it is located on an insertion side).
Regarding claim 7, Fraser teaches a cartridge wherein the reserving element accommodating member includes a partition wall that serves as a partition between the reservoir and the first reserving element end part (there is formed a wall around the reservoir “3” which contains the liquid in the reservoir, wall “33” [0032]. As the first reserving element accommodating member may be considered to be any upper portion of the element “6”, the wall “33” clearly may serve as a partition), and wherein an aerosol source supply path for supply aerosol in the reservoir to the first reserving element end part is formed in the partition wall (the aerosol source path would clearly travel from the reservoir tank “3”, through the wall “33”, and to the element “6” to then vaporize the liquid [see Figs. 2-3, 5-6]).
Regarding claim 8, Fraser teaches a cartridge wherein the reservoir includes a storage tank part that has a double tubular structure in which a transverse section orthogonal to a direction of insertion/extraction of the antenna has a ring shape (the insertion/extraction direction may be considered to be up/down as noted previously. The reservoir tank may be arranged in a cylindrical manner where it is arranged in an annular manner [0032, Fig .2], such that this is considered a ring shape), an aerosol flow path that is formed on an inner side of an inner tube of the storage tank part so as to be separated from the storage tank part by the inner tube and in communication with the inhalation port of the noncombustion-type inhaler (the tube would be considered to be the inner wall which is disposed within the inner walls “34” which defines an air passage/channel [Fig. 2, 0032]. Air may enter the device such as through the air intakes in the main body portion [Fig. 1], and the air travels through the air passage/channel [0032]), wherein an air-flow path for circulating aerosol in the aerosol flow path is formed in the partition wall, the aerosol being generated in the chamber (aerosol is formed at the heater/wick of the device, and the air flows through the chamber around the partition wall and out of the device through to the mouthpiece [0032-0033]).
Regarding claim 9, Fraser teaches a cartridge wherein the reserving element accommodating member includes a holding wall that is disposed to face the partition wall and the reserving element is between the partition wall and the holding wall (the holding wall may be considered to be a bottom portion of the tank as in Figs. 2-3, wherein the element “6” would necessarily be at least partially located between a partition wall and the bottom wall of the reservoir located at the bottom surface. And alternatively, the holding wall may be considered to be a bottom surface of “50” as in Figs. 5-6, wherein the partition wall is considered a wall surface “33” of the reservoir “3”, such that the reserving element “6” would clearly be located at least partially between both wall surfaces, under the broadest reasonable interpretation of the claim).
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.
Claim 10 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 10, 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 (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),
A reservoir that stores the aerosol source for being supplied to the reserving element and that is in liquid communication with a first reserving element end part that is located on an antenna insertion side of the reserving element, the antenna insertion side of the reserving element being a side toward which the antenna is inserted (the cartridge includes a reservoir “3” which contains a source liquid for which the aerosol is to be generated [0026]. The porous element “6” is in communication with the reservoir to transfer the liquid for heating [0026, Figs. 2-6]. The antenna insertion direction may be considered to be upwards in Figs. 2-3, 5-6, as an antenna would be capable of being inserted in an upwards direction, and the first reserving element end part may thus be considered to be the upper portion of the element “6”).
Conclusion
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/T.F.S./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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