DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 42 is objected to because of the following informalities:
in line 2, the word “the” before the word “longitudinal” should be deleted and replaced with -- a --.
Appropriate correction is requested.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “55”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the embodiment of the claimed invention wherein “axis of the heating coil is perpendicular to the longitudinal axis of the electronic vapor provision device, such that air flow along the channel is substantially parallel to the axis of the heating coil” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 32-38, 41, 43-44, 46 and 49-51 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Thorens et al (US. Pat. App. Pub. 2011/0094523).
Regarding independent claim 32, and dependent claims 37, 41 and 49, Thorens et al discloses a smoking system having a liquid storage portion which, in operation, conveys aerosol (read: vapor) formed from the liquid to an air outlet (see abstract, Fig. 1) (corresponding to the claimed “vapor provision device”)
The Thorens et al smoking system (1) includes a housing (101) having a mouthpiece end (103) and a body end (105). In the body end (105), there is provided an electric power supply in the form of a battery (107) (see para. [0076], Fig .1) (corresponding to the claimed “an electronic vapor provision device comprising: a power cell”).
In the mouthpiece end (103), there is provided a liquid storage portion in the form of a cartridge (113) containing liquid (15), a capillary wick (117), and a heating element in the form of a heating coil (119) - wherein the heating element aerosolizes (read: vaporizes) the liquid during use in an aerosol forming chamber (127 )(read: vaporization cavity) of the housing (101) and wherein an inhalable aerosol is formed which is carried towards an outlet (125) and into the mouth of a user (see para. [0076]) (corresponding to the claimed “a vaporizer, wherein the vaporizer comprises a heating element, a vaporization cavity”; the “wherein the heating element is a heating coil” recitation of claim 41; and the “wherein the electronic vapor provision device further comprises a mouthpiece section and the vaporizer is part of the mouthpiece section” recitation of claim 49).
In an embodiment of the smoking system (200), a removable insert (201) (read: airflow channeler) is provided which extends across the entire cross section of the mouthpiece end (203) of system (200) and includes channels (205) (read: one or more apertures) for channeling air flow between the air inlet and the heating coil. As is clear from Fig. 2a, air can only flow through one of these channels (205), and this insert (201) (or parts of it, at least) is “located over a first end of a channel” in which the heating coil (205) is located adjacent to the aerosol forming chamber (202, in the Fig. 2a embodiment) (read: vaporization cavity/channel) (see para. [0082]-[0083],[0099]-[0101], Fig. 2a-2c) (corresponding to the claimed “an airflow channeler configured in use to channel airflow over the heating element, wherein the airflow channeler is located over a first end of a channel in which the heating element is located, an airflow path passes through the channel, and the airflow channeler comprises one or more apertures such that air is only capable of flowing though the one or more apertures to enter into the channel”; and the “wherein the airflow channeler is situated outside of the vaporization cavity” recitation of claim 37).
Regarding claim 33, as evident from Fig. 2a of Thorens et al, it is clear that its insert (201) serves as an “end cap” for the aerosol forming chamber (202) (channel) at its first end (corresponding to the claimed “wherein the airflow channeler is an end cap or plate located over the first end of the channel”).
Regarding claim 34, Thorens et al further discloses that its system may have a size comparable to that of a conventional cigarette (see para. [0072]). Hence, it would be accurate to disclose the system of Thorens et al as an “electronic cigarette” (corresponding to the claimed “wherein the electronic vapor provisions device is an electronic cigarette”).
Regarding claims 35 and 36, Thorens et al state that its channels (205) (read: airflow channeler) direct airflow generally in the direction of the longitudinal axis but also diagonally towards the direction of the heating element/coil (see para. [0083]) (corresponding to the “wherein the airflow channeler is configured in use to focus airflow in one or more regions of the heating element” recitation of claim 35; and the “wherein the airflow channeler is arranged to channel airflow on to the side of the heating element” recitation of claim 36).
Regarding claim 38, as is clear from Fig. 2a, this insert (or parts of it, at least) is “situated outside” of the aerosol forming chamber (202, in the Fig. 2a embodiment) (read: vaporization cavity) and the heating element (i.e., heating coil) (corresponding to the claimed “wherein the airflow channeler is situated outside of the heating element”).
Regarding claim 43-44 and 46, the structure of the removable insert (201) of Thorens et al - which includes the “airflow channeler” channels (205) - may also serve as the claimed “heating element support” because a liquid cartridge, capillary wick and the heating coil all form a part of this insert (201) and, as such, the insert (201) “supports” and includes all of these components (see para [0083]) (corresponding to the “wherein the vaporizer further comprises a heating element support” recitation of claim 43; the “wherein the heating element support is a liquid store” recitation of claim 44; the “wherein the airflow chaneler forms part of the heating element support” recitation of claim 46).
Regarding claim 50, it is clear from Fig. 2a of Thorens et al that the entirety of the insert (201) (read: heating element support) occupies a “substantial” (read: considerable) amount of space in the mouthpiece end (203) (corresponding to the claimed “wherein the vaporizer further comprises a heating element support, and wherein the heating element support substantially fills the mouthpiece section”).
Regarding independent claim 51, Thorens et al discloses a smoking system having a liquid storage portion which, in operation, conveys aerosol (read: vapor) formed from the liquid to an air outlet (see abstract, Fig. 1) (corresponding to the claimed “[a] vaporizer for use with a …vapor provision device”)
The Thorens et al smoking system (1) includes a housing (101) having a mouthpiece end (103) and a body end (105). In the body end (105), there is provided an electric power supply in the form of a battery (107) (see para. [0076], Fig .1) (corresponding to the claimed “an electronic vapor provision device comprising: a power cell”).
In the mouthpiece end (103), there is provided a liquid storage portion in the form of a cartridge (113) containing liquid (15), a capillary wick (117), and a heating element in the form of a heating coil (119) - wherein the heating element aerosolizes (read: vaporizes) the liquid during use in an aerosol forming chamber (127 )(read: vaporization cavity) of the housing (101) and wherein an inhalable aerosol is formed which is carried towards an outlet (125) and into the mouth of a user (see para. [0076]) (corresponding to the claimed “a vaporizer, wherein the vaporizer comprises a heating element, a vaporization cavity”).
In an embodiment of the smoking system (200), a removable insert (201) (read: airflow channeler) is provided which extends across the entire cross section of the system (200) and includes channels (205) (read: one or more apertures) for channeling air flow between the air inlet and the heating coil. As is clear from Fig. 2a, air can only flow through one of these channels (205), and this insert (201) (or parts of it, at least) is “located over a first end of a channel” in which the heating coil (205) is located adjacent to the aerosol forming chamber (202, in the Fig. 2a embodiment) (read: vaporization cavity/channel) (see para. [0082]-[0083],[0099]-[0101], Fig. 2a-2c) (corresponding to the claimed “an airflow channeler configured in use to channel airflow over the heating element, wherein the airflow channeler is located over a first end of a channel in which the heating element is located, an airflow path passes through the channel, and the airflow channeler comprises one or more apertures such that air is only capable of flowing though the one or more apertures to enter into the channel”).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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 39-40 and are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Thorens et al (US. Pat. App. Pub. 2011/0094523).
Regarding claims 39 and 40, Thorns et al discloses that its channels (205) can have different cross-sectional shapes, which suggests that a cross-sectional shape other than circular is envisioned. Since polygons, including squares, are known, it would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have chosen, as a matter of design choice, a square cross-section for at least one or all of the channels in order to direct the airflow in a preferred or desired manner (corresponding to the “wherein a cross-sectional shape of the airflow channeler is a polygon” recitation of claim 39; and the “wherein the cross-sectional shape of the airflow channeler is a square” recitation of clam 40).
Allowable Subject Matter
Claims 42, 45 and 47-48 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record neither teaches nor reasonably suggests an electronic vapor provision device having the claimed structure, including:
-an axis of the heating coil being perpendicular to a longitudinal axis of the electronic vapor provision device, such that air flow along the channel is substantially parallel to the axis of the heating coil,
-the heating element being on the inside of the heating element support,
-the heating element support comprising the channel, or
-the channel being a longitudinal, central channel extending through the length of the heater element support.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONNE WALLS MAYES whose telephone number is (571)272-5836. The examiner can normally be reached Mondays and Thursdays, 8:00AM - 4:00PM (EST).
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/DIONNE W. MAYES/Primary Examiner, Art Unit 1747
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