DETAILED ACTION
Response to Arguments
Applicant's arguments filed 7/29/2026 have been fully considered but they are not persuasive.
Applicant argues “1) the protrusions in Parker cannot be considered a series of linear grooves that define at least a hydrophobic property to resist formation of condensation because the protrusions in Parker are structured to have the opposite effect and retain moisture, such that Parker teaches away from the claimed structure; 2) there is no suggestion or motivation to modify modified Tucker with Parker because doing so would impermissibly change the principle of operation of modified Tucker according to MPEP § 2143.01(VI) because the protrusions from Parker would retain condensation and moisture and not prevent the products of the vaporization from sticking to the inner surface; and 3) even if these protrusions in Parker were incorporated into modified Tucker, the result would be an inner tube 62 in Tucker that retains condensation, as opposed to resisting formation of condensation as claimed.”
The Examiner disagrees. Regarding 1, the claim recites “defines at least a hydrophobic property to resist formation of condensation”. It is apparent from the claimed language that “resisting formation of condensation” is a result of the hydrophobic property defined by the claimed structure. Parker teaches a three-dimensional patterned surface at the micrometer scale that comprises a series of linear grooves and defines a hydrophobic (and superhydrophobic) property. This is identical to the structure of the claimed invention and is thus interpreted to inherently result in resisting the formation of condensation as claimed. Parker does not teach away from the claimed structure.
Regarding 2 and 3, the combination would not change the principle of operation of modified Tucker. Modified Tucker desires a hydrophobic surface that prevents vaporization products from sticking to the surface [Raichman 0111]. Parker teaches a hydrophobic surface that allows dirt to easily fall away from the surface of be washed off the surface [0070]. Applicant’s arguments are explicitly contradicted by what is actually taught by Parker. If Parker were incorporated into modified Tucker, the result would be a surface that prevents vaporization products from sticking as desired by Modified Tucker. As Parker teaches moisture may facilitate self-cleaning of dirt [0070], it is clear that this dirt-containing moisture is not retained as the entire purpose of Parker is to wash dirt off a surface. The combination would not result in an inner tube that retains moisture or condensation.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 21-36 are rejected under 35 U.S.C. 103 as being unpatentable over Tucker (US 2013/0192619) in view of Raichman (US 2016/0271347) and Parker (US 2017/0157653).
Regarding claims 21, 24, 28, and 31, Tucker [Fig. 2-3] teaches an aerosol delivery device [0002] comprising: a heater 14 atomizer arranged to aerosolize an aerosol precursor composition and produce an aerosol [0034]; a body 6 housing the atomizer [0031]; a mouthpiece coupleable with the body and defining an outlet [0056]; an inner tube 62 (flow director) longitudinally extending from the atomizer to the mouthpiece and arranged to direct the aerosol toward the mouthpiece [0031, 0047, 0064]. Tucker does not teach a hydrophobic structure. Raichman teaches a vaporizer comprising a hydrophobic coating on an inner surface of portions of the vaporizer, wherein the coating is configured to prevent products of the vaporization of the active ingredient from sticking to the inner surface [0111], i.e. that defines at least a hydrophobic property to resist formation of condensation. It would have been obvious to one of ordinary skill in the art to apply this hydrophobic coating to an inner surface of the flow director of Tucker for the above reasons suggested by Raichman.
Modified Tucker does not teach a structure comprising a three-dimensional patterned surface. Parker teaches that a hydrophobic surface may be provided by structure comprises a three-dimensional patterned surface that defines at least a hydrophobic property to resist formation of condensation [0008-0014; Fig. 3]. The surface comprises a series of linear grooves that extend along at least a portion of the inner surface of the flow director, at gaps G under protrusions 4 [Figs 1, 2, and 8b]. Parker teaches this is an alternative to a hydrophobic coating [0002]. It would have been obvious to one of ordinary skill in the art to replace the hydrophobic coating of modified Tucker with a three-dimensional patterned surface at the micrometer scale to provide advantageous self-cleaning properties as suggested by Parker [0086]. Furthermore, it is prima facie obvious to substitute art recognized equivalents known for the same purpose, see MPEP 2144.06. The method of forming the aerosol delivery device thereby reads on the claimed method. Thus, the surface does not include a chemical coating.
Regarding claims 22 and 29, modified Tucker teaches the surface further comprises a series of divots [Parker Fig. 8b]. Each region to the left of base portion 6 is interpreted as a divot, whereas each region to the right of base portion 6 is interpreted as a linear groove.
Regarding claims 23 and 30, for the same reasons as applied above to claims 21 and 28, it would have been obvious to one of ordinary skill in the art to apply the structure to an inner surface of the body of Tucker along an airflow path (inner surface of body 6 between mouthpiece 8 and gasket 10 as shown in Fig. 2), for hydrophobic and self-cleaning effects as suggested by Raichman and Parker.
Regarding claims 25 and 32, Tucker teaches the body forms a cartridge configured to couple with a control body [0026].
Regarding claims 26 and 33, Tucker teaches a reservoir contained within the body and configured to hold the aerosol precursor composition [0048, 0052].
Regarding claims 27 and 34, modified Tucker teaches the three-dimensional patterned surface is at the micrometer scale [Parker 0004].
Regarding claims 35 and 36, modified Tucker teaches the three-dimensional patterned surface further defines an anti-microbial property [Parker 0014].
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC YAARY whose telephone number is (571)272-3273. The examiner can normally be reached M-F 9-5.
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/ERIC YAARY/Examiner, Art Unit 1755
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