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 1-20 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Objections
Claims 3, 10, and 16 are objected to because of the following informalities:
Claims 3, 10, and 16 should read "[[a]] the trailing end portion of the body"
Appropriate correction is required.
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 1-5, 7-18, and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Ricketts (US-20190231997-A1, as cited in the IDS dated 09/05/2024).
In regards to claim 1, Ricketts directed to a lighting unit for aerosol-generating systems, discloses the aerosol-generating system (i.e., apparatus) comprising a cartridge ([0006]-[0007] and [0107]) for vaporizing e-liquid (i.e., dispensing vapor) ([0095]-[0096]) comprising:
An atomizer 16 configured to atomize the e-liquid (i.e., fluid) ([0107] and [0111]);
Housing 36 (i.e., monolithic body) with a sidewall 44 (Figure 4 and [0133]), including a mouthpiece facing end portion 32 (i.e., leading end portion) ([0110]), and a battery facing end portion 30 (i.e., trailing end portion) in fluid communication with the atomizer (since the battery is connected to power the atomizer) (Figure 1 and [0110] -[0111]),
Wherein the body comprises at least a portion of a transparent material ([0062]); and
A mouthpiece 18 (i.e., mouth cap) coupled to the cartridge ([0053]) and in communication with the leading end portion of the body (Figure 1).
In regards to claim 2, Ricketts discloses a light source fixed to a sidewall of the cartridge for providing a backlight on the cartridge to efficiently illuminate the contents of the cartridge (i.e., backlight for the fluid) ([0046]).
In regards to claim 3, Ricketts discloses a power unit 12 (i.e., power terminal) comprising a battery for providing energy to the atomizer ([0083] and [0110]) comprising a cartridge engagement portion 28 configured to mate with the battery facing end portion 30 (i.e., the trailing end portion of the body) (Figure 1 and [0110]).
In regards to claim 4, Ricketts discloses a vapor outlet end 34 (i.e., outlet port) of the atomizer that engages with the mouthpiece which transports the aerosolized e-liquid to exit the mouthpiece (i.e., enable release of fluid from the body) ([0112]).
In regards to claim 5, Ricketts discloses the e-liquid is extracted from the cartridge to the heating unit to be vaporized and the atomizer extracts the liquid in small amounts in response to actuation (i.e., inlet port configured to enable an ingress of fluid into the body) ([0095]-[0096] and [0111]).
In regards to claim 7, Ricketts discloses the housing/body comprising at least one of a polymer, a glass, and a metal ([0058]).
In regards to claim 8, Ricketts directed to a lighting unit for aerosol-generating systems, discloses the aerosol-generating system (i.e., apparatus) comprising a cartridge ([0006]-[0007] and [0107]) for vaporizing e-liquid (i.e., dispensing vapor) ([0095]-[0096]) comprising:
An atomizer 16 configured to atomize the e-liquid (i.e., fluid) ([0107] and [0111]);
Housing 36 with a sidewall 44 (i.e., monolithic body) (Figure 4 and [0133]), wherein the sidewall extends from a mouthpiece end to a power supply end ([0032]), including a mouthpiece facing end portion 32 (i.e., leading end portion) ([0110]), and a battery facing end portion 30 (i.e., trailing end portion) in fluid communication with the atomizer (since the battery is connected to power the atomizer) (Figure 1 and [0110] -[0111]),
Wherein the sidewall body comprises a transparent region that may form the entire cartridge sidewall, or 100% of the surface area of the housing sidewall (i.e., body is entirely comprised of at least one of a translucent or transparent material) ([0062]); and
A mouthpiece 18 (i.e., mouth cap) coupled to the cartridge ([0053]) and in communication with the leading end portion of the body (Figure 1).
In regards to claim 9, Ricketts discloses a light source fixed to a sidewall of the cartridge for providing a backlight on the cartridge to efficiently illuminate the contents of the cartridge (i.e., backlight for the fluid) ([0046]).
In regards to claim 10, Ricketts discloses a power unit 12 (i.e., power terminal) comprising a battery for providing energy to the atomizer ([0083] and [0110]) comprising a cartridge engagement portion 28 configured to mate with the battery facing end portion 30 (i.e., the trailing end portion of the body) (Figure 1 and [0110]).
In regards to claim 11, Ricketts discloses a vapor outlet end 34 (i.e., outlet port) of the atomizer that engages with the mouthpiece which transports the aerosolized e-liquid to exit the mouthpiece (i.e., enable release of fluid from the body) ([0112]).
In regards to claim 12, Ricketts discloses the e-liquid is extracted from the cartridge to the heating unit to be vaporized and the atomizer extracts the liquid in small amounts in response to actuation (i.e., inlet port configured to enable an ingress of fluid into the body) ([0095]-[0096] and [0111]).
In regards to claim 13, Ricketts discloses the housing/body comprising at least one of a polymer, a glass, and a metal ([0058]).
In regards to claim 14, Ricketts directed to a lighting unit for aerosol-generating systems, discloses the aerosol-generating system (i.e., apparatus) comprising a cartridge ([0006]-[0007] and [0107]) for vaporizing e-liquid (i.e., dispensing vapor) ([0095]-[0096]) comprising:
An atomizer 16 configured to atomize the e-liquid (i.e., fluid) ([0107] and [0111]);
Housing 36 (i.e., monolithic body) with a sidewall 44 (Figure 4 and [0133]), including a mouthpiece facing end portion 32 (i.e., leading end portion) ([0110]), and a battery facing end portion 30 (i.e., trailing end portion) in fluid communication with the atomizer (since the battery is connected to power the atomizer) (Figure 1 and [0110] -[0111]),
Wherein the body comprises at least a portion of a transparent material ([0062]),
The transparent portion may be a unitary piece and provide a visual window into the cartridge (i.e., free of seams and joints) [0061]-[0062]); and
A mouthpiece 18 (i.e., mouth cap) coupled to the cartridge ([0053]) and in communication with the leading end portion of the body (Figure 1).
In regards to claim 15, Ricketts discloses a light source fixed to a sidewall of the cartridge for providing a backlight on the cartridge to efficiently illuminate the contents of the cartridge (i.e., backlight for the fluid) ([0046]).
In regards to claim 16, Ricketts discloses a power unit 12 (i.e., power terminal) comprising a battery for providing energy to the atomizer ([0083] and [0110]) comprising a cartridge engagement portion 28 configured to mate with the battery facing end portion 30 (i.e., the trailing end portion of the body) (Figure 1 and [0110]).
In regards to claim 17, Ricketts discloses a vapor outlet end 34 (i.e., outlet port) of the atomizer that engages with the mouthpiece which transports the aerosolized e-liquid to exit the mouthpiece (i.e., enable release of fluid from the body) ([0112]).
In regards to claim 18, Ricketts discloses the e-liquid is extracted from the cartridge to the heating unit to be vaporized and the atomizer extracts the liquid in small amounts in response to actuation (i.e., inlet port configured to enable an ingress of fluid into the body) ([0095]-[0096] and [0111]).
In regards to claim 20, Ricketts discloses the housing/body comprising at least one of a polymer, a glass, and a metal ([0058]).
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.
Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ricketts (US-20190231997-A1, as cited in the IDS dated 09/05/2024) as applied to claims 1 and 14 above, and further in view of Aller et al. (US-20220304378-A1, as cited in the IDS dated 09/05/2024).
In regards to claims 6 and 19, Ricketts discloses the transparent region may be transparent to visible light and may be surrounded or bounded by non-transparent portions (i.e., opaque) of the housing sidewall ([0061]), but does not explicitly disclose the body fades from the translucent material or transparent material to an opaque material at a predetermined location.
Aller directed to an aerosol delivery device, discloses a cartridge for use in the aerosol delivery device, the cartridge comprising an outer housing (i.e., body) which defines a front face portion and a rear portion interconnected with sidewalls ([0006]).
Aller further discloses the housing can at least be partially transparent or translucent so that the tank comprising the e-liquid can be visible externally ([0075]).
Aller further discloses the sidewalls of the body can be treated to be darker, opaque, and/or less transparent/translucent than at least a portion of the front face portion 360 (i.e., fades from the transparent/translucent material to an opaque material at a predetermined location) ([0077]).
Aller further discloses that while the entire outer housing can be translucent or transparent, it is better that the viewing window is configured such that the viewing window is distinguishable from the rest of the outer housing either in the fact that it is more transparent/translucent that the rest of the outer housing, or in the fact that it is frosted a different shade than the remaining outer housing portions (i.e., fades). As such, the viewing window is distinct from the remaining portions of the outer housing of the cartridge ([0077]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Ricketts by making the non-transparent parts of Ricketts fade from transparent to opaque, as taught by Ricketts because both are directed to aerosol delivery devices comprising transparent portions for viewing e-liquid, Ricketts teaches the transition in shading makes the viewing window distinct from the remaining portions of the outer housing of the cartridge ([0077]), and this merely involves applying a known technique of fading from a transparent/translucent material to an opaque material of a similar device to yield predictable results.
Conclusion
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/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755