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 .
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 7 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 7 recites the limitation "the opening" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation “an opening” is introduced in claim 6, and it appears that changing the dependence of claim 7 to be dependent on claim 6 would fix the antecedent basis issue.
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 1-10 and 14-17 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Batley et al. (US 2022/0183366).
Regarding claim 1, Batley teaches an aerosol generator of an article for an aerosol provision device (Figures 1 and 4A-C, vaporizer body 110 and vaporizer cartridge 120, [0081] and [0102]), the aerosol generator comprising:
an aerosol generating layer comprising aerosol generating material (Figure 4A, vaporizable material 102, [0103]);
a resistive heating layer comprising a resistive heating element configured to heat at least a portion of the aerosol generating material to generate an aerosol (Figure 4A, heating element 150, [0102]);
the aerosol generating layer being on the resistive heating layer (Figures 4A and 4C, vaporizable material 102 is on heating element 150, [0102]);
a first type of electrical contact (Figure 4B, right cartridge contact 424, [0102]);
a second type of electrical contact (Figure 4B, left cartridge contact 424, [0102]);
wherein the resistive heating element is at least a portion of an electrically conductive path between the first type of electrical contact and the second type of electrical contact (Figure 4B, left and right cartridge contact 424 are connected electrically, [0102]);
and a support, wherein the resistive heating layer is on a first side of the support between the aerosol generating layer and the support (Figure 4A, housing 462 is support and heating element 150 is between housing 462 and vaporizable material 102, [0102]);
wherein at least one of the first type of electrical contact and the second type of electrical contact is accessible from a second side of the support (Figure 4A and 4B, cartridge contacts 424 mate with and extend through opening 428, [0102]).
Regarding claim 2, Batley teaches the aerosol generator of claim 1, wherein the resistive heating layer is free from a fold (Figure 4B, heating element 150 shown without fold, [0102]).
Regarding claim 3, Batley teaches the aerosol generator of claim 1, wherein the support is electrically insulative (Figure 4A, housing 462 is non-electrically conductive (therefore being insulative), [0102]).
Regarding claim 4, Batley teaches the aerosol generator of claim 1, wherein the electrically conductive layer and the support layer define a substrate (Figure 4A, substrate defined as Figure 4A (which includes heating element 150 and housing 462), [0102]).
Regarding claim 5, Batley teaches the aerosol generator of claim 1, wherein the at least one of the first type of electrical contact and second type of electrical contact is accessible from a second side of the support (Figures 4A and 4B, cartridge contacts 424 extend through opening 428 (one on each side) to mate with receptacle contacts 125a and 125b (Figure 1), [0102]).
Regarding claim 6, Batley teaches the aerosol generator of claim 1, comprising an opening in the support so that the at least one of the first type of electrical contact and the second type of electrical contact is accessible from the second side of the support (Figures 4A and 4B, cartridge contacts 424 extend through opening 428 in housing 462 (one on each side) to mate with receptacle contacts 125a and 125b (Figure 1), [0102]).
Regarding claim 7, Batley teaches the aerosol generator of claim 2, wherein the opening is configured to receive at least a portion of a device electrical connector of an aerosol provision device (Figures 4A and 4B, cartridge contacts 424 extend through opening 428 (one on each side) to mate with receptacle contacts 125a and 125b (Figure 1), [0102]).
Regarding claim 8, Batley teaches the aerosol generator of claim 6, wherein the support defines an exposed contact region of at least one of the first type of electrical contact and the second type of electrical contact (Figures 4A and 4B, exposed contact region is opening 428 (there is an opening on both sides for each electrical contact 424), [0102]).
Regarding claim 9, Batley teaches the aerosol generator of claim 1, wherein the at least one of the first type of electrical contact and the second type of electrical contact extends at least partially through the support (Figures 4A and 4B, cartridge contacts 424 extend through opening 428 in housing 462 (one on each side), [0102]).
Regarding claim 10, Batley teaches the aerosol generator of claim 9, comprising a path in the support through which at least one of the first type of electrical contact and the second type of electrical contact extends (Figures 4A and 4B, cartridge contacts 424 extend through opening 428 in housing 462 (one on each side), which forms the “path” in the housing (through openings 428), [0102]).
Regarding claim 14, Batley teaches the aerosol generator of claim 9, wherein the at least one of the first type of electrical contact and the second type of electrical contact overlaps the second side of the support (Figures 4A and 4B, since cartridge contacts 424 extend through opening 428 in housing 462 (one on each side), the cartridge contacts 424 therefore “overlap” with the outside (second side) of the housing 462 (support), [0102]).
Regarding claim 15, Batley teaches a method of forming an aerosol generator of an article for an aerosol provision device (Figures 1 and 4A-C, vaporizer body 110 and vaporizer cartridge 120, [0081] and [0102]), the method comprising:
providing a resistive heating layer (Figure 4A, heating element 150, [0102]);
providing an aerosol generating layer on the resistive heating layer (Figures 4A and 4C, vaporizable material 102 is on heating element 150, [0102]),
wherein the resistive heating layer comprises a resistive heating element configured to heat at least a portion of the aerosol generating material to generate an aerosol (Figure 4A, heating element 150 heats vaporizable material 102 to desired temperature range, [0102]-[0103]);
providing a first type of electrical contact (Figure 4B, right cartridge contact 424, [0102]);
providing a second type of electrical contact (Figure 4B, left cartridge contact 424, [0102]);
wherein the resistive heating element is at least a portion of an electrically conductive path between the first type of electrical contact and the second type of electrical contact (Figure 4B, left and right cartridge contact 424 are connected electrically, [0102]);
providing a support (Figure 4A, housing 462 is support, [0102]);
providing the resistive heating layer on a first side of the support between the aerosol generating layer and the support (Figure 4A, housing 462 is support and heating element 150 is between housing 462 and vaporizable material 102, [0102]);
wherein at least one of the first type of electrical contact and the second type of electrical contact is accessible from a second side of the support (Figure 4A and 4B, cartridge contacts 424 mate with and extend through opening 428, [0102]).
Regarding claim 16, Batley teaches an aerosol provision system (Figure 1, vaporizer device 100, [0069]) comprising:
aerosol generator of an article for an aerosol provision device (Figures 1 and 4A-C, vaporizer body 110 and vaporizer cartridge 120, [0081] and [0102]), the aerosol generator comprising:
an article (Figure 1, vaporizer cartridge 120, [0081])
and an aerosol provision device configured to receive at least a portion of the article (Figure 1, vaporizer body 110 receives vaporizer cartridge 120, [0081]), the article comprising:
an aerosol generating layer comprising aerosol generating material (Figure 4A, vaporizable material 102, [0103]);
a resistive heating layer comprising a resistive heating element configured to heat at least a portion of the aerosol generating material to generate an aerosol (Figure 4A, heating element 150, [0102]);
the aerosol generating layer being on the resistive heating layer (Figures 4A and 4C, vaporizable material 102 is on heating element 150, [0102]);
a first type of electrical contact (Figure 4B, right cartridge contact 424, [0102]);
a second type of electrical contact (Figure 4B, left cartridge contact 424, [0102]);
wherein the resistive heating element is at least a portion of an electrically conductive path between the first type of electrical contact and the second type of electrical contact (Figure 4B, left and right cartridge contact 424 are connected electrically, [0102]);
and a support, wherein the resistive heating layer is on a first side of the support between the aerosol generating layer and the support (Figure 4A, housing 462 is support and heating element 150 is between housing 462 and vaporizable material 102, [0102]);
wherein at least one of the first type of electrical contact and the second type of electrical contact is accessible from a second side of the support (Figure 4A and 4B, cartridge contacts 424 mate with and extend through opening 428, [0102]).
Regarding claim 17, Batley teaches the aerosol provision system of claim 16, wherein the aerosol provision device comprises a device electrical connector configured to connect with the at least one of the first type of electrical contact and the second type of electrical contact (Figures 4A and 4B, cartridge contacts 424 extend through opening 428 (one on each side) to mate with receptacle contacts 125a and 125b of vaporizer body 110 (Figure 1), [0081] and [0102]).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Batley et al. (US 2022/0183366).
Regarding claim 11, Batley discloses the aerosol generator of claim 10, as set forth above, and wherein the path comprises an aperture through the support (Figures 4A and 4B, cartridge contacts 424 extend through opening 428 in housing 462 (one on each side), which forms the “path” in the housing (through openings 428, which is the “aperture”), [0102]). Batley also discloses in a separate/alternative embodiment that the at least one of the first type of electrical contact and the second type of electrical contact extends around a sidewall of the aperture (heating element can include at least one electrical contact extending around an outer surface of the cartridge [0011], also see Figures 18 and 19 showing possible implementations of this as cartridge contacts 124a and 124b are wrapped around heating element 150, [0129] and [0130]). Batley also teaches that all the possible combinations implementations of the heating element advantageously provide sufficient heat energy to the vaporizable material to create an aerosol while also limiting heating to reduce creation of harmful byproducts [0091].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the previous embodiment of Batley with another possible embodiment of Batley to have the cartridge contacts extend around the sidewall because doing so would allow the device to provide sufficient heat energy to the vaporizable material to create an aerosol while also limiting heating to reduce creation of harmful byproducts, as recognized by Batley [0091].
Regarding claim 12, Batley discloses the aerosol generator of claim 11, as set forth above. Batley does disclose that the heating element may have holes (Figure 4B, perforations 460, [0102]), but fails to explicitly disclose wherein the aperture extends through the resistive heating layer. However, Batley does disclose in a different embodiment the aperture extends through the resistive heating layer (Figure 12, holes 1256 would allow the aperture as presented above to pass through the heating element 150, [0122]). Batley also teaches that the holes/perforations increases the resistance of the electrically conductive material [0013].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the previous embodiment of Batley with another possible embodiment of Batley to have holes in the heating element to allow the aperture to extend through the heating element because doing so increases the resistance of the electrically conductive material, as recognized by Batley [0013].
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Batley et al. (US 2022/0183366) in view of Batista (US 2017/0164657).
Regarding claim 13, Batley discloses the aerosol generator of claim 9, as set forth above. Batley fails to disclose wherein the at least one of the first type of electrical contact and the second type of electrical contact comprises a conductive coating.
Batista teaches a similar aerosol forming cartridge with a planar heating element wherein the at least one of the first type of electrical contact and the second type of electrical contact comprises a conductive coating (electrically resistive material may be coated with an insulative material, or vice-versa (meaning the electrically resistive material, which may be semi-conductors or similar, further meaning they are conductive, can be the coating as well), [0038]). Batista also teaches that coating allows for the desired kinetics of energy transfer and the external physicochemical properties required to be achieved [0038].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Batley to incorporate the teachings of Batista to coat electrical contacts with an electrically conductive ceramics or similar because doing so would allow for the desired kinetics of energy transfer and the external physicochemical properties required to be achieved, as recognized by Batista [0038].
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Batley et al. (US 2022/0183366) in view of Rogan et al. (WO 2021/069526).
Regarding claim 18, Batley discloses the aerosol provision system of claim 17, as set forth above. Batley fails to disclose wherein the device electrical connector comprises a piercing element configured to pierce a feature of the article.
Rogan teaches a similar aerosol generation device containing layers of aerosol substrate and heater wherein the device electrical connector comprises a piercing element configured to pierce a feature of the article (Figure 2A and 2B, piercing elements 23 are electrical contacts and pierce the aerosol substrate 12 and heater layer 11, page 5 lines 14-19). Rogan also teaches that the piercing element forms an electrical connection between the piercing electrical contact and the heater layer within which allows for improved energy efficiency or a reduced heat-up time (page 1, lines 27-29).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Batley to incorporate the teachings of Rogan to include an electrical contact piercing element to contact the heater layer because doing so allows for improved energy efficiency or a reduced heat-up time, as recognized by Rogan (page 1, lines 27-29).
Regarding claim 19, modified Batley discloses the aerosol provision system of claim 18, wherein the feature of the article comprises the support (the combination of Batley and Rogan above would have the piercing element(s) of Rogan piercing the housing of Batley),
and the piercing element is configured to pierce the support to electrically contact the at least one of the first type of electrical contact and the second type of electrical contact (same as above, the combination of Batley and Rogan would disclose this limitation, see at least page 2 lines 25-27 of Rogan, where the piercing element(s) of Rogan are arranged to form multiple electrical connections with the heater layer as desired (such as to connect with the electrical contacts of Batley)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam Z. Baratz whose telephone number is (703)756-1613. The examiner can normally be reached Monday-Thursday 6:30 - 4:30 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached on 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.Z.B./
Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747