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 .
Status of the Claims
Claims 1-15 are pending and are subject to this office action. This is the first Office Action on the merits of the claims.
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.
Claims 1-3, and 9-11, are rejected under 35 U.S.C. 103 as being unpatentable over Emmett (WO 2021013477 A1) in view of Reevell (WO 2017207443 A1).
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Regarding claim 1, Emmett discloses an aerosol-generating device (Fig.10) comprising:
A housing (106, Fig.10) comprising a first surface, a second surface opposite to the first surface, and a lateral (side) surface that is constantly curved defining a cylinder shape. A mouthpiece (101) is fixed to the first surface of the aerosol-generating device ([page 16, lines 22-25]).
A radio frequency (RF) electromagnetic field generator (103) within the housing, comprising a solid-state RF transistor and an antenna (109) ([page 1, lines 29-35]). It is recognized that RF field generators comprise a RF oscillator to convert voltage or electrical direct current (DC) to an alternate current (AC), providing a high-frequency signal to an antenna (109) that converts it into amplified microwaves and creates an electromagnetic field for dielectric heating. The electromagnetic field may have a frequency between 900 MHz – 30 GHz, because using frequencies in the microwave portion of the RF spectrum is desirable ([page 9, lines 7-11]).
A resonating cavity (107) positioned between the RF electromagnetic field generator (103) and the aerosol-generating article in the substrate cavity (108, [page 16, lines 14-17]) within the housing. The system of Fig.7 discloses that the walls of the resonating cavity are configured to reflect the RF radiation. The dimensions of the resonating cavity are matched to the operation frequency of the system to achieve the resonance of the electromagnetic field, amplifying it at that frequency ([page 13, lines 32-37]).
The aerosol-forming substrate is provided in an aerosol-generating article, which is referred to as the “capsule” (110, Fig.10) and is received entirely within the housing (106, [page 16, lines 4-9]). For the purpose of this examination, the capsule is defined as a cartridge comprising an aerosol-generating material, that is insertable into the housing.
The outer surface of the capsule (110) is generally opaque to RF radiation, but windows (112) that are transparent to the RF electromagnetic field (103) are provided to allow the radiation to penetrate the capsule ([page 16, lines 18-21]) heating the aerosol-forming substrate and volatilizing it so the user can inhale it.
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Emmett does not explicitly disclose that the housing is provided with a cartridge insertion hole in the side surface, and that said hole and mouthpiece do not overlap.
However, Reevell, directed to aerosol-generating devices (10, Fig.1), discloses:
A cavity (20, Fig.1) configured to receive an aerosol-generating article, or cartridge (22, Fig.2), along a first direction substantially perpendicular to a longitudinal axis of the aerosol-generating device. That is, the aerosol-generating device is configured for insertion and removal of an aerosol-generating article through a side of the aerosol-generating device ([page 2, lines 4-8]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for
one having ordinary skill in the art to modify Emmett by moving the cartridge insertion hole to the side surface of the device as taught by Reevell, because both Emmett and Reevell are directed to an aerosol-generating device; Reevell teaches a cartridge insertion hole perpendicular to the mouthpiece, and this involves providing an opening on the side surface of the housing without overlapping the mouthpiece, facilitating the cartridge insertion or removal without the need to detach the mouthpiece ([page 2, lines 4-8]) to yield predictable results.
Regarding claim 2, Reevell discloses a cartridge insertion hole opening (26, Fig.2) provided in the side surface of the aerosol-generating device housing (10, Fig.2, [page 2, lines 4-8]).
Regarding claim 3, Emmett discloses an aerosol-forming substrate that may be in the form of a liquid or gel, and may comprise nicotine, a nicotine derivative, or a nicotine analogue. It may further comprise a tobacco containing material, i.e., reconstituted tobacco ([page 6, lines 30-36; page 7, lines 20-23]).
Regarding claim 9, Emmett discloses that airflow inlets (not shown) may be provided in the housing (106) to allow air to be drawn into the device, past an outlet of the cartridge (capsule, 110), or through the cartridge, and out through the mouthpiece of the aerosol-generating device ([page 16, lines 26-28]).
Regarding claim 10, Emmett discloses that airflow inlets (not shown) may be provided in the housing (106, Fig.10) to allow air to be drawn into the device ([page 16, lines 26-27]).
Emmett does not explicitly disclose the location of the inlets or them being formed on the side surface of the housing.
Reevell discloses that the aerosol-generating device (10, Fig.1) may comprise one or more airflow inlets positioned elsewhere on the elongate housing (12, Fig.1), which constitutes anywhere in the lateral (side) surface.
Reevell further discloses that the first aperture (26, Fig.2), forms an airflow path from the side surface to the mouthpiece ([page 14, lines 16-18]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for
one having ordinary skill in the art to modify Emmett by providing one or more airflow inlets on the side surface of the housing taught by Reevell, because both Emmett and Reevell are directed to an aerosol-generating device; Reevell teaches an opening on the side surface of the aerosol-generating device creating an airflow path that leads the generated vapor to an exit through the mouthpiece, and this involves providing an airflow arrangement in which at least one inlet is positioned on the side surface of the device to allow the flow of air outside the housing to enter and be in fluid communication with the cartridge ([page 14, lines 16-18]) to yield predictable results.
Regarding claim 11, Emmett discloses that airflow inlets (not shown) may be provided in the housing (106, Fig.10) to allow air to be drawn into the device ([page 16, lines 26-27]).
Emmett does not explicitly disclose the location of the inlets or them being formed on the second surface of the housing.
Reevell discloses an example of another airflow arrangement, in which the air inlet is positioned at the “first” end surface (16, Fig.1) of the housing (12).
Reevell further discloses that in embodiments in which the aerosol-generating device (10) comprises at least one airflow inlet, a number of different airflow arrangements are possible ([page 14, lines 19-22]). For the purpose of this examination, the first surface (top of the cylinder) corresponds to the end where the mouthpiece is formed while the second surface is opposite to the first surface (bottom of the cylinder).
Therefore, before the effective filing date of the claimed invention, it would be obvious for
one having ordinary skill in the art to modify Emmett by providing an airflow inlet in the second surface (bottom end) of the housing taught by Reevell, because both Emmett and Reevell are directed to an aerosol-generating device; Reevell teaches an opening on the bottom surface of his aerosol-generating device embodiment creating an airflow path that exits through the mouthpiece, and this involves providing an airflow arrangement in which at least one inlet is located on the second surface of the device to allow the flow of air outside the housing to enter and be in fluid communication with the cartridge ([page 14, lines 19-22]) to yield predictable results.
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Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Emmett (WO 2021013477 A1) in view of Reevell (WO 2017207443 A1), as applied to claim 1 above, further in view of Xu (US 20180084830 A1).
Regarding claim 4, Emmett discloses an aerosol-generating device (106, Fig.10).
Emmett does not explicitly disclose a cartridge (110) body made of a porous material.
However, Xu directed to cartridges for a vaporizer (100, Fig.1), discloses:
An embodiment of a disposable vaporizer cartridge (100) having a resealable trapdoor (104), comprising an outer casing (110), an inner casing (112) that is radially inwards of the outer casing, a fluid opening on the inner casing (140), and a tank (142) defined between the outer casing and the inner casing to store fluids that can be extracted from the tank through the fluid opening, and a resealable trapdoor positioned over the fluid opening ([007]).
The liquid opening (140) is depicted in Fig.1 as a rectangular window. Alternatively, the liquid opening (140) may be circular, triangular, octagonal, or similar, to fit the desired optimal flow rate of the liquid that is provided to an atomizer for vaporization. In order to retain the liquid in the tank (142) during shipment and prior to engaging the cartridge (100) to a vaporizer, a plug (102) may be used as a temporary seal to enclose the liquid opening (140) on the radially inner surface of the inner casing (112, [0038-0039]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Emmett by providing a porous material, or at least one of an opening on the cartridge body, such that the cartridge allows for free inflow and outflow of air, while preventing leakage of liquid aerosol-forming substrate ([0031]), taught by Xu because both Emmett and Xu are directed to an aerosol-generating device; Xu teaches a flow passage (132) and a liquid opening (140) that allows for fluid communication between external air and the aerosol-forming substrate ([0036]), and this involves employing a porous material that allows air permeation but not liquid permeation in the making of the cartridge body, to yield predictable results.
Regarding claim 5, Xu discloses a plug (102, Fig.1) that may be used as a temporary seal to enclose the liquid opening (140) on the radially inner surface of the inner casing (112). The plug (102) may be shaped such that when inserted into the cartridge (100), the plug (102) fits snuggly against the perimeter of the flow passage (132, [0039]). The plug (102), as seen in the figure above, extends more than the cartridge body (100) in a perpendicular direction (horizontally) to the direction in which the plug and the cartridge body are arranged (vertically).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Emmett (WO 2021013477 A1) in view of Reevell (WO 2017207443 A1), as applied to claim 1 above, further in view of Li (WO 2020015223 A1).
Regarding claim 6, Emmett discloses a resonating cavity (107, Fig.10).
Emmett does not explicitly disclose a first and second plate disposed with the cartridge interposed between them.
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However, Li discloses that the upper and lower portions of the microwave resonant cavity (221, Fig.4) are respectively provided with a ring-shaped first lower cover plate (2271) and a second lower cover plate (2272). A porous first microwave absorption film (2261) and a second microwave absorption film (2262) are respectively provided ([page 2, lines 27-30, Translated Description]). The microwave resonance cavity (221) is provided with a cylindrical second oil guide (223) in the axial direction, and the second oil guide (223) is covered with a second sleeve (222), preferably made of a porous material as polytetrafluoroethylene, glass or ceramic ([page 2, lines 8-11, line 20, Translated Description]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Emmett by providing a first plate on top of the resonant cavity (107, Fig.10) and a second plate on the bottom end of the cavity, disposing the cartridge (110, Fig.10) in between the plates within the resonant cavity (107, Fig.10) taught by Li, because both Emmett and Li are directed to an aerosol-generating device; Li teaches a cylindrical microwave resonant cavity (221, Fig.4) comprising two metallic plates located above (2271) and below (2272) an oil guide (223) placed at the center to improve heat efficiency ([page 2, lines 20-30, Translated Description]), and this involves relocating the cartridge (110, Fig.10) into the resonating cavity (107) and providing plates within the resonator cavity on at least two sides of the cartridge, improving heat efficiency, to yield predictable results.
Regarding claim 7, Emmett discloses an aerosol-generating device (Fig.10) comprising a power source (105) and a control circuitry (104) within the housing ([page 16, lines 11-12]). The control circuitry comprises a microcontroller (MCU, 140, Fig.13) that can control both the frequency and the power output of the RF solid state transistor. One or more sensors provide input to the MCU ([page 17, lines 36-37; page 18, lines 1-3]).
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Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Emmett (WO 2021013477 A1) in view of Reevell (WO 2017207443 A1), as applied to claim 1 above, further in view of Ademe (US 20210392945 A1).
Regarding claim 8, Emmett discloses that the mouthpiece may include a radiation shield configured to reflect RF electromagnetic radiation ([page 12, lines 11-16]).
Emmett does not explicitly disclose a shielding portion surrounding the oscillator and the resonator, or an opening aligned with the cartridge insertion opening.
However, Ademe discloses a fixture (200, Fig.2) that includes a device (212) for generating electromagnetic radiation (216a), such as a fixed frequency Gunn oscillator configured to generate and receive microwave energy, and a detector (214) for receiving the radiation (216b) reflected by the smoking article (206) and/or the platform (202). The housing (204) and the platform (202) are configured such that the electromagnetic radiation (216a) emitted by the energy generating device (212) is contained therein. For example, the housing (204) and platform (202) may include material and structures, such as a conductive covering and/or a conductive mesh structure, similar in nature and design to a Faraday shield or cage to prevent the electromagnetic radiation from escaping or leaking out ([0054]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Emmett by providing a metallic mesh or Faraday cage, made from a highly conductive material, to cover the oscillator (103, Fig.10) and resonating cavity (107, Fig.10) taught by Ademe, because both Emmett and Ademe are directed to an aerosol-generating device; Ademe teaches a housing (204, Fig.2) that contains the generated and reflected radiation preventing external leakage, and a platform (202) within the housing (204) that may include structures ([0054]), such as an oscillator and resonator and this involves providing an opening, proximal to that through which the cartridge (110) is inserted, for the insertion and removal of a shielding element, such as a Faraday cage, that would circumscribe and cover the RF oscillator (103, Fig.10) and the resonating cavity (107); to yield predictable results.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Emmett (WO 2021013477 A1) in view of Reevell (WO 2017207443 A1), further in view of Xu (US 20180084830 A1).
Regarding claim 12, Emmett discloses an aerosol-generating device (106, Fig.10) comprising:
A housing (106, Fig.10) comprising a first surface, a second surface opposite to the first surface, and a lateral (side) surface that is constantly curved defining a cylinder shape. A mouthpiece (101) is fixed to the first surface of the aerosol-generating device ([page 16, lines 22-25]).
A radio frequency (RF) electromagnetic field generator (103) within the housing, comprising a solid-state RF transistor and an antenna (109). Inherently, RF field generators comprise a RF oscillator to convert electrical direct current (DC) to an alternate current (AC), providing a high-frequency signal to an antenna (109) that converts it into amplified microwaves and creates an electromagnetic field for dielectric heating ([page 1, lines 29-35]). The electromagnetic field may have a frequency between 3 Hz and 3 THz, and includes microwaves ([page 2, lines 13-14]), because using frequencies in the microwave portion of the RF spectrum is desirable.
A resonating cavity (107) positioned between the RF electromagnetic field generator (103) and the aerosol-generating article in the substrate cavity (108, [page 16, lines 14-17]) within the housing. The system of Fig.7 discloses that the walls of the resonating cavity are configured to reflect the RF radiation. The dimensions of the resonating cavity are matched to the operation frequency of the system to achieve the resonance of the electromagnetic field, amplifying it at that frequency ([page 13, lines 32-37]).
The aerosol-forming substrate is provided in an aerosol-generating article, which is referred to as the “capsule” (110, Fig.10) and is received entirely within the housing (106, [page 16, lines 4-9]). For the purpose of this examination, the capsule is defined as a cartridge comprising an aerosol-generating material, that is insertable into the housing.
The outer surface of the capsule (110, cartridge) is generally opaque to RF radiation, but windows (112) that are transparent to the RF electromagnetic field (103) are provided to allow the radiation to penetrate the capsule ([page 16, lines 18-21]) heating the aerosol-forming substrate and volatilizing it so the user can inhale it.
The outer surface of the capsule (110, cartridge) may be defined by the walls of the aerosol-generating article, which surround an outer side of the aerosol-forming substrate.
Emmett does not explicitly disclose a cartridge (110) body made of a porous material.
However, Xu directed to cartridges for a vaporizer (100, Fig.1), discloses:
An embodiment of a disposable vaporizer cartridge (100) having a resealable trapdoor (104), comprising an outer casing (110), an inner casing (112) that is radially inwards of the outer casing, a fluid opening on the inner casing (140), and a tank (142) defined between the outer casing and the inner casing to store fluids that can be extracted from the tank through the fluid opening, and a resealable trapdoor positioned over the fluid opening ([007]).
The liquid opening (140) is depicted in Fig.1 as a rectangular window. Alternatively, the liquid opening (140) may be circular, triangular, octagonal, or similar, to fit the desired optimal flow rate of the liquid that is provided to an atomizer for vaporization. In order to retain the liquid in the tank (142) during shipment and prior to engaging the cartridge (100) to a vaporizer, a plug (102) may be used as a temporary seal to enclose the liquid opening (140) on the radially inner surface of the inner casing (112, [0038-0039]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Emmett by providing a porous material, or at least one of an opening on the cartridge body, such that the cartridge allows for free inflow and outflow of air, while preventing leakage of liquid aerosol-forming substrate ([0031]), taught by Xu because both Emmett and Xu are directed to an aerosol-generating device; Xu teaches a flow passage (132) and a liquid opening (140) that allows for fluid communication between external air and the aerosol-forming substrate ([0036]), and this involves employing a porous material that allows air permeation but not liquid permeation in the making of the cartridge body, to yield predictable results.
Regarding claim 13, Emmett discloses an aerosol-forming substrate that may be in the form of a liquid or gel, and may comprise nicotine, a nicotine derivative, or a nicotine analogue. It may further comprise a tobacco containing material, i.e., reconstituted tobacco ([page 6, lines 30-36; page 7, lines 20-23]).
Regarding claim 14, Emmett discloses an aerosol-generating device comprising a housing in which a cartridge may be inserted.
Emmett does not explicitly disclose that the housing is provided with a cartridge insertion hole in the side surface.
Reevell, directed to aerosol-generating devices (10, Fig.1), discloses:
A cavity (20, Fig.1) configured to receive an aerosol-generating article, or cartridge (22, Fig.2), along a first direction substantially perpendicular to a longitudinal axis of the aerosol-generating device. That is, the aerosol-generating device is configured for insertion and removal of an aerosol-generating article through a side of the aerosol-generating device ([page 2, lines 4-8]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Emmett by adding a cartridge (or capsule) insertion hole through which the cartridge is inserted or removed taught by Reevell, because both Emmett and Reevell are directed to an aerosol-generating device; Reevell teaches a cartridge insertion hole perpendicular to the mouthpiece, and this involves providing a cartridge insertion hole through the side surface without overlapping the mouthpiece, facilitating the cartridge insertion or removal without the need to detach the mouthpiece ([page 2, lines 4-8]) to yield predictable results.
Regarding claim 15, Emmett discloses that airflow inlets (not shown) may be provided in the housing (106, Fig.10) to allow air to be drawn into the device ([page 16, lines 26-27]).
Emmett does not explicitly disclose the location of the inlets or them being formed on the side or second surface of the housing.
Reevell discloses that the aerosol-generating device (10, Fig.1) may comprise one or more airflow inlets positioned elsewhere on the elongate housing (12, Fig.1), which constitutes anywhere in the lateral (side) surface.
Reevell further discloses that the first aperture (26, Fig.2), forms an airflow path from the side surface to the mouthpiece ([page 14, lines 16-18]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for
one having ordinary skill in the art to modify Emmett by providing one or more airflow inlets on the side surface of the housing taught by Reevell, because both Emmett and Reevell are directed to an aerosol-generating device; Reevell teaches an opening on the side surface of the aerosol-generating device creating an airflow path that leads the generated vapor to an exit through the mouthpiece, and this involves providing an airflow arrangement in which at least one inlet is positioned on the side surface of the device to allow the flow of air outside the housing to enter and be in fluid communication with the cartridge ([page 14, lines 16-18]) to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIO E OCANA-ORTIZ whose telephone number is (571) 270-0806. The examiner can normally be reached Monday-Friday 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PHILIP Y LOUIE can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.E.O./Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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