DETAILED ACTION
Response to Arguments
Applicant’s arguments in view of amendment with respect to the rejections of the claims under 103 have been fully considered and are persuasive. Hubbard and Smith do not teach the new limitations. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as detailed below.
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 1-6, 8-12, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hubbard (US 2019/0183177) in view of Smith (US 2016/0089508) and Ito (US 2019/0183183).
Regarding claims 1 and 6, Hubbard teaches mouth-end extension 50 (tip device) for an aerosol delivery (electronic vaping device (EVD) [Fig. 2-3; 0072-0073], the tip device comprising: a structure surrounding central passage 54 as shown in Fig. 2-3 (first conduit structure having a surface at least partially defining a first conduit) having an inlet end on the left end of first conduit 54 in Fig. 3 where aerosol enters and an outlet end opposite the inlet end [0072], the first conduit structure configured to receive a generated aerosol (vapor) from atomizer 52 (external source) via the inlet end of the first conduit and direct the received generated vapor through the first conduit towards the outlet end of the first conduit;
a second conduit structure (annular space defined by structure surrounding first conduit 54 and outer housing 50 of the tip device) having a surface at least partially defining a second aerosol delivery pathway 60 (second conduit) having an inlet end 64 and an outlet end opposite the inlet end, the second conduit structure configured to receive an air flow from an ambient environment via the inlet end of the second conduit and direct the air flow through the second conduit towards the outlet end of the second conduit [0072-0073], the second conduit structure including a flavorant-infused material 74 (additive material) on a surface of the second conduit structure, the additive material including an additive, the additive material configured to release the additive into the air flow directed through the second conduit [0073]. The structure surrounding first conduit 54 is an interposing structure physically isolating the additive material 74 from the first conduit 54, such that the additive material is configured to release the additive into the air flow directed through the second conduit 60 independently of the generated vapor directed through the first conduit [0072-0073; Fig. 2-3];
Hubbard teaches a small mixing space 70 between the first/second conduits and an outlet of the tip device wherein a mix vapor is directed out of the tip device via the outlet [0072; Fig 2-3] but does not specifically teach a mixing conduit of an outlet assembly. Smith [Fig. 1; 0024] teaches a vapor inhalation device comprising an outlet assembly (entirety of first end 123, between reference number 14 and reference number 121) at least partially defining a mixing conduit (inner conduit of first end 123) extending from both an outlet end of a first conduit A and an outlet end a second conduit B to an outlet 121, the outlet assembly configured to receive separate, parallel fluid streams from the outlet end of the first conduit and the outlet end of the second conduit, respectively, mix the separate, parallel fluid streams to establish a mixed vapor, and direct the mixed vapor out of the tip device via the outlet 121. It would have been obvious to one of ordinary skill in the art to include this outlet assembly with the tip device of Hubbard to achieve the predictable result of providing additional room for allowing the separate fluid stream to mix.
Hubbard does not teach the additive material includes a porous structure in fluid communication with the second conduit, wherein the air flow is configured to pass through the porous structure. Ito teaches a flavor inhaler comprising a flavor source which allows air to permeate through comprising granular adsorbents impregnated with flavoring agents [0029], i.e. additive material including a porous structure and additive in fluid communication with an air conduit, wherein the air flow is configured to pass through the porous structure such that additive material is configured to release the additive into the air flow directed through the air conduit. This is merely an alternative means known in the art for imparting an additive to an air flow. It would have been obvious to one of ordinary skill in the art to configure the device of modified Hubbard such that the additive material includes a porous structure and additive in fluid communication with the second conduit, wherein the air flow is configured to pass through the porous structure to achieve the same, predictable result of imparting an additive to the air flow.
Regarding claim 8, Hubbard teaches an aerosol delivery (e-vaping) device, comprising: a vaporizer assembly configured to form a generated vapor [0055, 0072]; and the tip device 50 of claim 1, the tip device in fluid communication with the vaporizer assembly, such that the first conduit structure of the tip device is configured to receive the generated vapor from the vaporizer assembly via the inlet end of the first conduit 54 and direct the received generated vapor through the first conduit 54 towards the outlet end of the first conduit, and the interposing structure of the tip device physically isolates the additive material 74 from the first conduit such that the additive material of the tip device is configured to release the additive into the air flow directed through the second conduit 60 independently of the generated vapor directed through the first conduit [Fig. 3; 0072-0073]; and a power supply section configured to supply power to the vaporizer assembly [0061].
Regarding claim 14, see the rejection of claim 1 above. Modified Hubbard teaches the structure of the claimed tip device. Hubbard teaches the tip device is configured to be reversibly coupled to an external source [0074]. Hubbard teaches the claimed steps of receiving generated vapor, receiving air flow, releasing additive material into the air flow, and causing the generated vapor and the air flow containing the additive to mix [0072-0073]. Modified Hubbard thus teaches the claimed method of operation.
Regarding claims 2-3, 9-10, and 15, the interposing structure surrounding first conduit 54 shown in Fig. 2-3 of Hubbard defines the outer surface of first conduit 54 and the inner surface of second conduit 60, i.e. the interposing structure is common to both the first conduit structure and the second conduit structure, such that the interposing structure at least partially defines both the first conduit and the second conduit and the interposing structure includes opposite surfaces at least partially defining separate conduits of the first conduit and the second conduit.
Regarding claims 4-5 and 16, Hubbard teaches the second conduit 60 is an annular conduit surrounding the first conduit 54 and extending coaxially with the first conduit 54 along the longitudinal axis, the second conduit 60 at least partially defined by at least the outer surface of the interposing structure [Fig. 2-3; 0072]. The additive material 74 is on the outer surface of the interposing structure [Fig. 3]. The interposing structure includes a hollow cylindrical structure having an inner surface and an outer surface extending along a longitudinal axis and the first conduit is a cylindrical conduit. Central passage/first conduit 54 in Fig. 2-3 corresponds with central passage 206 in Fig. 10 [0080], which as shown is a hollow cylindrical structure forming a cylindrical conduit.
Regarding claim 11, Hubbard teaches the power supply section includes a rechargeable battery [0065].
Regarding claim 12, Hubbard teaches the tip device is reversibly coupled to the vaporizer assembly [0074].
Claims 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hubbard, Smith, and Ito as applied to claims 1 and 8 above, and further in view of Li (US 2017/0105453).
Modified Hubbard does not teach the claimed adjustable flow control assembly. Li teaches an e-cigarette comprising an adjustable flow control assembly coupled to an inlet end, the adjustable flow control assembly configured to adjustably control an effective cross-sectional flow area of the inlet end to control a flow rate of air drawn into a conduit via the inlet end of the conduit [0018]. It would have been obvious to one of ordinary skill in the art to include this assembly with the inlet end of the second conduit of modified Hubbard to allow the user to control the level of air flow into the device.
Conclusion
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/ERIC YAARY/Examiner, Art Unit 1755