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 .
Drawings
The drawings are objected to because:
Reference characters “316” and “502” are not found in the specification (Figs 3, 4, and 12).
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.
Specification
The disclosure is objected to because of the following informalities:
Reference character “601” is not found in Fig 12 and should be changed to “502” (Specification: Page 29, bottom paragraph).
Appropriate correction is required.
Claim Objections
Claims 1, 4, 6-9, 11, 20, 22, 23, and 29 are objected to because of the following informalities:
The phrase “liquid” should be changed to –the liquid—for consistency (Claim 1, Line 3).
The phrase “the liquid container” should be changed to –the container—for consistency (Claim 4, Line 3).
The phrase “at least one of a vapor and an aerosol” should be changed to –the at least one of the vapor and the aerosol—for consistency (Claim 6, Line 2).
The phrase “a flow” should be changed to –the flow—for consistency (Claim 7, Line 2).
The phrase “one or more others of the the plurality of discrete material elements” should be changed to –one or more others of the plurality of discrete material elements—to correct the typographical error (Claim 8, Lines 3-4).
The phrase “vapor or aerosol” should be changed to –the vapor or aerosol—for consistency (Claim 9, Line 3).
The phrase “one or more the” should be changed to –one or more of the—to correct the grammatical error (Claim 11, Line 7).
The phrase “for one or more other the” should be changed to –for one or more of the other—to correct the grammatical error (Claim 11, Line 10).
The phrase “receiving material” should be changed to –receiving the one or more materials—for consistency (Claim 20, Line 3).
The phrase “the material” should be changed to –the one or more materials—for consistency (Claim 22, Line 2).
The phrase “liquid exiting the liquid container” should be changed to –the liquid exiting the container—for consistency (Claim 23, Line 1).
The phrase “at least one of a vapor and an aerosol” should be changed to –the at least one of the vapor and the aerosol—for consistency (Claim 23, Line 2).
The phrase “the material” should be changed to –the one or more materials—for consistency (Claim 23, Line 3).
The phrase “material” should be changed to –a material— to correct the grammatical error (Claim 29, Line 2).
Appropriate correction is required.
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.
Claims 1-4, 6-9, 11-14, 17-18, 20-26, 29-30, and 34-35 are 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 1 states “a vapor and an aerosol flowing in a plurality of discrete streams” (Line 6). This statement is indefinite because it is unclear if the vapor is also flowing in a plurality of discrete streams. It appears the applicant was trying to say both the vapor and the aerosol are each flowing in a plurality of discrete streams. However, the claim can be interpreted as the liquid is solely in the form of a vapor and is not necessarily flowing in a plurality of discrete streams. Therefore, whether or not the plurality of discrete streams applies to both the vapor and the aerosol cannot be determined. For examination purposes, the claim limitation will be interpreted as both the vapor and the aerosol are each flowing in a plurality of discrete streams. Similar rejections are applied to Claim 2 (Lines 8-9), Claim 3 (Line 6), and Claim 35 (Lines 8-9).
Claim 26 states “the connector is arranged to be one of the following” and “the material container is annular in shape” (Lines 2-3 and 7). This statement is indefinite because it is unclear how the connector is tied with the material container being annular in shape. It appears the applicant was trying to say that the material container has a connector and that the material container is annular in shape. However, the wording creates confusion since the statement is directed to the material container and not the connector itself. Therefore, the relation of the connector and the annular shape cannot be determined. For examination purposes, the claim limitation will be interpreted as the material container has a connector and that the material container could be annular in shape.
Claims 4, 6-9, 11-14, 17-18, 20-24, 25, 29-30, and 34 are rejected for being dependent on rejected Claim 3.
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 1-4, 6-9, 11-14, 17, 18, 20-21, 24-25, 29, 30, 34, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan (US 2015/0257447 A1) alone.
Regarding Claim 1, Sullivan discloses an apparatus for generating an inhalable medium (apparatus of Figs 20-24; delivery of a breathable/inhalable fluid stream, Abstract), the apparatus comprising: a liquid container (138 defining an atomizing liquid storage chamber 140, paragraph 0109; 138 contains atomizing chamber 142, Fig 22) for holding a liquid; a heater (154, Fig 21; 154 associated with atomizing chamber 142, paragraph 0111) for volatilizing liquid held in the container (154 is an atomizing element within 142 and 138, Figs 21-22); and a receiving portion (148, 144, and 146, Figs 21-22) for receiving a discrete material element (material within 144, Figs 21-22; cartridges generally referred to herein include a casing for containing the porous packing material, which is desirable for retaining functional liquid within the cartridge and/or imparting a shape to certain packing materials, paragraph 0008; functional liquid may be comprised of any single chemical species or combination of chemical species having desirable properties for enhancing an inhaled fluid stream and being suitable for adsorption upon or absorption into media suitable for use in the present invention, paragraph 0063); the apparatus being arranged such that in use liquid volatized by the heater passes, in the form of at least one of a vapor and an aerosol flowing in a discrete stream (flow of vaporized liquid would travel from 138 through 144 and towards 152, Fig 22).
The current embodiment of Sullivan fails to disclose a plurality of discrete material elements; at least one of a vapor and an aerosol flowing in a plurality of discrete streams, each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use thereby to entrain one or more constituents of the one or more of the plurality of discrete material elements to produce the inhalable medium.
However, an alternative embodiment of Sullivan teaches a plurality of discrete material elements (a plurality of cartridges may be arranged in a device, either in parallel or in series, being disposed in one or more fluid flow pathways leading to one or more mouthpieces, paragraph 0094); at least one of a vapor and an aerosol flowing in a plurality of discrete streams (valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094), each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use thereby to entrain one or more constituents of the one or more of the plurality of discrete material elements to produce the inhalable medium (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094) to allow for the variable selection of flavors, functions, or combinations thereof (paragraph 0094).
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 the device to include multiple cartridges in parallel, each with separate pathways and valves, as taught by Sullivan, to allow for the variable selection of flavors, functions, or combinations thereof (Sullivan: paragraph 0094). This type of improvement would allow for a user to choose multiple flavors instead of one flavor, either selectively or combining them together, to satisfy their needs. Having this kind of improvement increases the number of choices that the user can choose for a more desired effect.
Regarding Claim 2, Sullivan discloses a method of generating an inhalable medium using an apparatus (apparatus of Figs 20-24; delivery of a breathable/inhalable fluid stream, Abstract) comprising a container (138 defining an atomizing liquid storage chamber 140, paragraph 0109; 138 contains atomizing chamber 142, Fig 22) holding a liquid, a heater (154, Fig 21; 154 associated with atomizing chamber 142, paragraph 0111) for volatizing the liquid (154 is an atomizing element within 142 and 138, Figs 21-22), a discrete material element (material within 144, Figs 21-22; cartridges generally referred to herein include a casing for containing the porous packing material, which is desirable for retaining functional liquid within the cartridge and/or imparting a shape to certain packing materials, paragraph 0008; functional liquid may be comprised of any single chemical species or combination of chemical species having desirable properties for enhancing an inhaled fluid stream and being suitable for adsorption upon or absorption into media suitable for use in the present invention, paragraph 0063), the method comprising: volatizing the liquid held in the container (154 is an atomizing element within 142 and 138, Figs 21-22); and passing at least one of a vapor and an aerosol formed by the volatized liquid through the discrete material element thereby to entrain one or more constituents of the discrete material element to produce the inhalable medium (flow of vaporized liquid would travel from 138 through 144 and towards 152, Fig 22).
The current embodiment of Sullivan fails to disclose a plurality of discrete material elements, the method comprising: passing at least one of a vapor and an aerosol formed by the volatized liquid through one or more of the plurality of discrete material elements thereby to entrain one or more constituents of the one or more of the plurality of discrete material elements to produce the inhalable medium, wherein the at least one of a vapor and an aerosol flows in a plurality of discrete streams, and each stream passes through a respective one of the plurality of discrete material elements.
However, an alternative embodiment of Sullivan teaches a plurality of discrete material elements (a plurality of cartridges may be arranged in a device, either in parallel or in series, being disposed in one or more fluid flow pathways leading to one or more mouthpieces, paragraph 0094), the method comprising: passing at least one of a vapor and an aerosol formed by the volatized liquid through one or more of the plurality of discrete material elements thereby to entrain one or more constituents of the one or more of the plurality of discrete material elements to produce the inhalable medium (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094), wherein the at least one of a vapor and an aerosol flows in a plurality of discrete streams, and each stream passes through a respective one of the plurality of discrete material elements (valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094) to allow for the variable selection of flavors, functions, or combinations thereof (paragraph 0094).
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 the device to include multiple cartridges in parallel, each with separate pathways and valves, as taught by Sullivan, to allow for the variable selection of flavors, functions, or combinations thereof (Sullivan: paragraph 0094). This type of improvement would allow for a user to choose multiple flavors instead of one flavor, either selectively or combining them together, to satisfy their needs. Having this kind of improvement increases the number of choices that the user can choose for a more desired effect.
Regarding Claim 3, Sullivan discloses a cartridge (144, 148, 146, and 138, Figs 21-22; 138 defining an atomizing liquid storage chamber 140, paragraph 0109; 138 contains atomizing chamber 142, Fig 22) for use with an apparatus for generating an inhalable medium (apparatus of Figs 20-24; delivery of a breathable/inhalable fluid stream, Abstract), the cartridge comprising: a container (138 defining an atomizing liquid storage chamber 140, paragraph 0109; 138 contains atomizing chamber 142, Figs 21-22) for holding a liquid; and a receiving portion (144, 148, and 146, Fig 22) for receiving a discrete material element (material within 144, Figs 21-22; cartridges generally referred to herein include a casing for containing the porous packing material, which is desirable for retaining functional liquid within the cartridge and/or imparting a shape to certain packing materials, paragraph 0008; functional liquid may be comprised of any single chemical species or combination of chemical species having desirable properties for enhancing an inhaled fluid stream and being suitable for adsorption upon or absorption into media suitable for use in the present invention, paragraph 0063); the cartridge being arranged such that in use liquid exiting the container passes, in the form of at least one of a vapor and an aerosol flowing in a discrete stream (flow of vaporized liquid would travel from 138 through 144 and towards 152, Fig 22).
The current embodiment of Sullivan fails to disclose a plurality of discrete material elements; the cartridge being arranged such that in use liquid exiting the container passes, in the form of at least one of a vapor and an aerosol flowing in a plurality of discrete streams, each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use, thereby to entrain one or more constituents of the one or more of the plurality of discrete material elements to produce the inhalable medium.
However, an alternative embodiment of Sullivan teaches a plurality of discrete material elements (a plurality of cartridges may be arranged in a device, either in parallel or in series, being disposed in one or more fluid flow pathways leading to one or more mouthpieces, paragraph 0094); the cartridge being arranged such that in use liquid exiting the container passes, in the form of at least one of a vapor and an aerosol flowing in a plurality of discrete streams (valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094), each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use, thereby to entrain one or more constituents of the one or more of the plurality of discrete material elements to produce the inhalable medium (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094) to allow for the variable selection of flavors, functions, or combinations thereof (paragraph 0094).
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 the device to include multiple cartridges in parallel, each with separate pathways and valves, as taught by Sullivan, to allow for the variable selection of flavors, functions, or combinations thereof (Sullivan: paragraph 0094). This type of improvement would allow for a user to choose multiple flavors instead of one flavor, either selectively or combining them together, to satisfy their needs. Having this kind of improvement increases the number of choices that the user can choose for a more desired effect.
Regarding Claim 4, Sullivan teaches the receiving portion being connectable to, and removable from, the liquid container (Figs 21 and 24 show 148 and 138 to be separable parts; atomizer housing 138 is configured to connect in line with exchangeable porous cartridge 144 containing a functional liquid, atomizer housing 138 preferably mates with cartridge housing cover 146 for receiving the cartridge, a cartridge in housing cover 146 is retained in an easily accessible slot for toolless removal and replacement, a connecting feature for connecting cartridge housing cover 146 to atomizer housing 138 may be a threaded connection as shown, a tight fitting sliding connection, lined with one or more O-rings, permitting the housings to be pushed together and pulled apart by a user, or any other suitable connection, paragraph 0128).
Regarding Claim 6, Sullivan teaches the cartridge being arranged such that in use the liquid exiting the container passes, in the form of at least one of a vapor and an aerosol, simultaneously through each of the plurality of discrete material elements received by the receiving portion in use (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094).
Regarding Claim 7, Sullivan teaches the cartridge being arranged to allow independent control of a flow of each discrete stream (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; the valves allow for independent control of the fluid stream for each cartridge).
Regarding Claim 8, Sullivan teaches the independent control comprises control to stop the flow of the vapor or aerosol through one or more of the plurality of discrete material elements whilst allowing the flow of the vapor or aerosol through one or more others of the plurality of discrete material elements (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; valves can open or close independently for selection of different flavors).
Regarding Claim 9, Sullivan teaches the cartridge comprises one or more retainers for retaining the plurality of material elements received by the receiving portion in use, wherein the one or more retainers are arranged so as to allow vapor or aerosol to pass there through (146, Fig 24; the atomizer housing 138 preferably mates with cartridge housing cover 146 for receiving the cartridge, in which the cartridge is disposed in line with the fluid flow channel of the device, so as to expose the atomized fluid to the cartridge before the atomized fluid reaches a user, a cartridge in housing cover 146 is retained in an easily accessible slot for toolless removal and replacement, paragraph 0128).
Regarding Claim 11, Sullivan teaches the receiving portion is arranged to allow one or more at least one of: user access to one or more of the plurality of discrete material elements received by the receiving portion in use (the atomizer housing 138 preferably mates with cartridge housing cover 146 for receiving the cartridge, in which the cartridge is disposed in line with the fluid flow channel of the device, so as to expose the atomized fluid to the cartridge before the atomized fluid reaches a user, a cartridge in housing cover 146 is retained in an easily accessible slot for toolless removal and replacement, paragraph 0128; the cartridge may be manually removably retained in a housing, which in turn may be retained supported, and/or enclosed by a housing cover, paragraph 0069; a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; cartridge is accessible by user since it can be removed for replacement); changing an order of one or more of the plurality of discrete material elements received by the receiving portion in use (the atomizer housing 138 preferably mates with cartridge housing cover 146 for receiving the cartridge, in which the cartridge is disposed in line with the fluid flow channel of the device, so as to expose the atomized fluid to the cartridge before the atomized fluid reaches a user, a cartridge in housing cover 146 is retained in an easily accessible slot for toolless removal and replacement, paragraph 0128; the cartridge may be manually removably retained in a housing, which in turn may be retained supported, and/or enclosed by a housing cover, paragraph 0069; a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; the order of cartridges can be changed in which one cartridge is swapped for another cartridge in that order, timewise); adding one or more the discrete material elements to the receiving portion (the atomizer housing 138 preferably mates with cartridge housing cover 146 for receiving the cartridge, in which the cartridge is disposed in line with the fluid flow channel of the device, so as to expose the atomized fluid to the cartridge before the atomized fluid reaches a user, a cartridge in housing cover 146 is retained in an easily accessible slot for toolless removal and replacement, paragraph 0128; the cartridge may be manually removably retained in a housing, which in turn may be retained supported, and/or enclosed by a housing cover, paragraph 0069; a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; a cartridge can be added after removal of a cartridge); removing one or more of the discrete material elements from the receiving portion (the atomizer housing 138 preferably mates with cartridge housing cover 146 for receiving the cartridge, in which the cartridge is disposed in line with the fluid flow channel of the device, so as to expose the atomized fluid to the cartridge before the atomized fluid reaches a user, a cartridge in housing cover 146 is retained in an easily accessible slot for toolless removal and replacement, paragraph 0128; the cartridge may be manually removably retained in a housing, which in turn may be retained supported, and/or enclosed by a housing cover, paragraph 0069; a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; a cartridge can be removed after adding the cartridge); and exchanging one or more of the plurality of discrete material elements received by the receiving portion in use for one or more other the discrete material elements (the atomizer housing 138 preferably mates with cartridge housing cover 146 for receiving the cartridge, in which the cartridge is disposed in line with the fluid flow channel of the device, so as to expose the atomized fluid to the cartridge before the atomized fluid reaches a user, a cartridge in housing cover 146 is retained in an easily accessible slot for toolless removal and replacement, paragraph 0128; the cartridge may be manually removably retained in a housing, which in turn may be retained supported, and/or enclosed by a housing cover, paragraph 0069; a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; a cartridge can be exchanged for another cartridge).
Regarding Claim 12, Sullivan teaches the receiving portion has received therein a plurality of discrete material elements (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094).
Regarding Claim 13, Sullivan teaches the plurality of discrete material elements are in an ordered arrangement (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; the cartridges being present within the device would be an ordered arrangement). It is noted that Applicant has not further elaborated on the details on what an “ordered arrangement” would be considered as one of ordinary skill in the art would merely consider cartridges being present in the device as being an “ordered arrangement”.
Regarding Claim 14, Sullivan teaches the plurality of discrete material elements are arranged to be one of the following: each of the plurality of discrete material elements are the same (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; one of ordinary skill in the art could have the same materials within each cartridge); one of the plurality of discrete material elements has a property different to that of another of the plurality of discrete material elements (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; different flavors mean different materials for each cartridge); and each one of the plurality of discrete material elements has a property different to that of each other one of the plurality of discrete material elements (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; different flavors mean different materials for each cartridge).
Regarding Claim 17, Sullivan teaches the property is one of aroma and flavor (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; functional fluid may provide a flavor, a recreational and/or medicinal drug effect, or other desired effect when the breathable fluid stream is inhaled, paragraph 0067; natural flavor compounds such as those often found in fruits, paragraph 0085).
Regarding Claim 18, the current Sullivan combination does not explicitly teach the plurality of discrete material elements are stacked one on top of the other.
However, an alternative embodiment of Sullivan further teaches the plurality of discrete material elements are stacked one on top of the other (170 and 168, Fig 38; multiple cartridge pods, each pod comprising a packing material containing an absorbed or adsorbed functional liquid substantially as described with respect to the foregoing embodiments, may be incorporated into a single device, stacking multiple cartridges according to the foregoing embodiments, or by providing a single cartridge that houses multiple pods in a single casing, pods 168 and 170 are shown as stacked in line with the direction of fluid flow, paragraph 0129; a plurality of cartridges may be arranged in a device, either in parallel or in series, paragraph 0094) since it is a known arrangement to put multiple materials stacked on top of each other in a cartridge.
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 multiple materials or pods within each cartridge, as taught by Sullivan, since it is a known arrangement to put multiple materials stacked on top of each other in a cartridge. Doing so would provide further variety in terms of combinations of flavors involved in the device. A user would be capable of selecting combinations of flavors from one of the cartridges instead of having to select multiple flavors from multiple cartridges. This is particularly desirable when two or more flavors are well-known to be desired together in a single cartridge. Additionally, Sullivan shows that the structure of the device is capable of having multiple materials placed in a single cartridge.
Regarding Claim 20, Sullivan teaches one or more of the plurality of discrete material elements is a material in solid form, and the receiving portion is a receptacle for receiving material in solid form (148 and 146 shown to receive 144 as a solid pod, Fig 24; a cartridge suitable for use with embodiments of the invention may consist solely of a fluid permeable packing, the packing itself may also take different forms, including a single solid porous body or pod, or a mass of fibers, particles, or grains having spaces therebetween, functioning to permit fluid passage, similarly to the pores of a single porous body, paragraph 0068).
Regarding Claim 21, Sullivan teaches a dimension of each of the plurality of discrete material elements relative to a dimension of the receptacle is such that in use an ordered arrangement of the plurality of discrete material elements remains fixed (144 is shown to be fixed in 148 and 146 and 144 fits the dimensions of 148 and 146, Fig 24; a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; the materials of each cartridge would be fixed in the ordered arrangement since the materials are fitted inside of their respective cartridge housings). It is noted that Applicant has not further elaborated on the details on what an “ordered arrangement” would be considered as one of ordinary skill in the art would merely consider cartridges being present in the device as being an “ordered arrangement”.
Regarding Claim 24, Sullivan teaches each of the plurality of discrete material elements are separated from one another by an impermeable membrane (the cartridge may further include a fluid-impermeable covering disposed over at least a portion of the outer surface area of the packing material, such a covering may comprise a wall structure generally surrounding the packing material, with or without one or two fluid-permeable ends joined to the wall structure to fully retain/cover/encase the packing, to facilitate shipping and/or extended storage, the covering may include a fluid-impermeable film material removably fixed over the ends of the covering to seal the packing material and functional liquid within the covering for storage and/or transport prior to use of the cartridge, paragraph 0072; material elements are sealed by a covering when not in use). It is noted that the claim does not require these material elements to be separated from one another by the impermeable membrane during use of the device.
Regarding Claim 25, the current embodiment of Sullivan does not explicitly teach one or more of the discrete material elements comprises: a material container for containing material; and material contained within the material container.
However, an alternative embodiment of Sullivan further teaches one or more of the discrete material elements comprises: a material container for containing material (24, Fig 5); and material contained within the material container (30 is encased in 24, Fig 5; casing is a tube-like structure, paragraph 0082) for retaining functional liquid within the cartridge and/or imparting a shape to certain packing materials (paragraph 0008).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a casing around the materials, as taught by Sullivan, for retaining functional liquid within the cartridge and/or imparting a shape to certain packing materials (Sullivan: paragraph 0008). This ensures the structural integrity of the packing material.
Regarding Claim 29, Sullivan teaches the material contained within the material container is material in solid form (a cartridge suitable for use with embodiments of the invention may consist solely of a fluid permeable packing, the packing itself may also take different forms, including a single solid porous body or pod, or a mass of fibers, particles, or grains having spaces therebetween, functioning to permit fluid passage, similarly to the pores of a single porous body, paragraph 0068).
Regarding Claim 30, Sullivan teaches the material in solid form comprises one of a flavored solid material (functional fluid may provide a flavor, a recreational and/or medicinal drug effect, or other desired effect when the breathable fluid stream is inhaled, paragraph 0067; natural flavor compounds such as those often found in fruits, paragraph 0085).
Regarding Claim 34, Sullivan teaches an apparatus comprising the cartridge according to claim 3 (See Rejection of Claim 3 above), further comprising a heater (154, Fig 21; 154 associated with atomizing chamber 142, paragraph 0111) for volatilizing the liquid held in the container (154 is an atomizing element within 142 and 138, Figs 21-22).
Regarding Claim 35, Sullivan discloses a system for generating an inhalable medium (apparatus of Figs 20-24; delivery of a breathable/inhalable fluid stream, Abstract), the system comprising: a heater (154, Fig 21; 154 associated with atomizing chamber 142, paragraph 0111) for volatilizing a liquid (154 is an atomizing element within 142 and 138, Figs 21-22); and a cartridge (144, 148, 146, and 138, Figs 21-22; 138 defining an atomizing liquid storage chamber 140, paragraph 0109; 138 contains atomizing chamber 142, Fig 22) comprising: a container (138 defining an atomizing liquid storage chamber 140, paragraph 0109; 138 contains atomizing chamber 142, Fig 22) for holding the liquid, and a receiving portion (148, 144, and 146, Figs 21-22) for receiving a discrete material element (material within 144, Figs 21-22; cartridges generally referred to herein include a casing for containing the porous packing material, which is desirable for retaining functional liquid within the cartridge and/or imparting a shape to certain packing materials, paragraph 0008; functional liquid may be comprised of any single chemical species or combination of chemical species having desirable properties for enhancing an inhaled fluid stream and being suitable for adsorption upon or absorption into media suitable for use in the present invention, paragraph 0063).
The current embodiment of Sullivan fails to disclose a stack comprising a plurality of discrete material elements, the heater and the cartridge being arranged such that, in use, the liquid volatized by the heater and exiting the container flows, in the form of at least one of a vapor or an aerosol flowing in a plurality of discrete streams, each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use, thereby to entrain one or more constituents of the one or more of the plurality of discrete material elements to produce the inhalable medium.
However, an alternative embodiment of Sullivan teaches a plurality of discrete material elements (a plurality of cartridges may be arranged in a device, either in parallel or in series, being disposed in one or more fluid flow pathways leading to one or more mouthpieces, paragraph 0094), the heater and the cartridge being arranged such that, in use, the liquid volatized by the heater and exiting the container flows, in the form of at least one of a vapor or an aerosol flowing in a plurality of discrete streams (valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094), each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use, thereby to entrain one or more constituents of the one or more of the plurality of discrete material elements to produce the inhalable medium (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094) to allow for the variable selection of flavors, functions, or combinations thereof (paragraph 0094).
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 the device to include multiple cartridges in parallel, each with separate pathways and valves, as taught by Sullivan, to allow for the variable selection of flavors, functions, or combinations thereof (Sullivan: paragraph 0094). This type of improvement would allow for a user to choose multiple flavors instead of one flavor, either selectively or combining them together, to satisfy their needs. Having this kind of improvement increases the number of choices that the user can choose for a more desired effect.
The current embodiment of Sullivan fails to explicitly teach a stack comprising a plurality of discrete material elements.
However, an alternative embodiment of Sullivan further teaches a stack comprising a plurality of discrete material elements (170 and 168, Fig 38; multiple cartridge pods, each pod comprising a packing material containing an absorbed or adsorbed functional liquid substantially as described with respect to the foregoing embodiments, may be incorporated into a single device, stacking multiple cartridges according to the foregoing embodiments, or by providing a single cartridge that houses multiple pods in a single casing, pods 168 and 170 are shown as stacked in line with the direction of fluid flow, paragraph 0129; a plurality of cartridges may be arranged in a device, either in parallel or in series, paragraph 0094) since it is a known arrangement to put multiple materials stacked on top of each other in a cartridge.
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 multiple materials or pods within each cartridge, as taught by Sullivan, since it is a known arrangement to put multiple materials stacked on top of each other in a cartridge. Doing so would provide further variety in terms of combinations of flavors involved in the device. A user would be capable of selecting combinations of flavors from one of the cartridges instead of having to select multiple flavors from multiple cartridges. This is particularly desirable when two or more flavors are well-known to be desired together in a single cartridge. Additionally, Sullivan shows that the structure of the device is capable of having multiple materials placed in a single cartridge.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Sullivan (US 2015/0257447 A1) in view of Daryani et al. (US 2017/0238612 A1).
Regarding Claim 26, Sullivan teaches the claimed invention of Claim 25. Sullivan also teaches the material container is annular in shape (top 28 and bottom 26 are shown to have apertures 32 which would make the container annular in shape, Figs 5-7; 24 is annular since it must have space to hold 30, Fig 7).
Sullivan fails to teach the material container comprises a connector, and wherein the connector is arranged to be one of the following: the connector is being received in the receiving portion; the connector is being connected to another such material container.
However, Daryani, of the same field of endeavor, teaches an electronic smoking device (Abstract) including the material container comprises a connector (28, 29, and 30, Fig 1), and wherein the connector is arranged to be one of the following: the connector is being received in the receiving portion (connect the first flavour carrying unit 9 with the end 3 of the body portion 5 which is facing towards the mouthpiece 2, paragraph 0021); the connector is being connected to another such material container (user can combine the flavour of the flavoured material 11 contained within the first flavour carrying unit 9 with the flavour of the flavoured material 12 contained within the second flavour carrying unit 10 by attaching the second flavour carrying unit 10 onto the first flavour carrying unit 9, using the press-fit connection provided by the attachment members 28, inserting the attachment protrusions 29 into the attachment grooves 30, paragraph 0021) to detachably fix flavor carrying units with one another via a press-fit connection (paragraph 0020).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add protrusions and grooves to the material containers, as taught by Daryani, to detachably fix flavor carrying units with one another via a press-fit connection (Daryani: paragraph 0020). This addition would help multiple material containers to secure to each other so that it is easier to combine flavors together. It would also help to keep the multiple material containers together so that they do not fall out of the device easily.
Allowable Subject Matter
Claims 22 and 23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 22 and 23 contain allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 22 is dependent on Claim 20 and discusses the receptacle having an inner portion and outer portion, the material is annular in shape and is received between the inner portion and the outer portion.
Claim 23 contains allowable subject matter due to its dependency on Claim 22.
Prior art similar to the claimed invention are explained below.
Sullivan (US 2015/0257447 A1) teaches an electronic cigarette. Regarding Claim 22, though Sullivan does have a plurality of discrete material elements and a plurality of discrete streams, Sullivan discusses the material elements or cartridges as being cylindrical in shape and not annular. The cartridge 144 is shown to be cylindrical in shape in Fig 24 of Sullivan. There is nothing in Sullivan that discusses the material having an annular shape (having a hole through the middle of the material) and there is no reason to have such a modification. Additionally, the equivalent receptacle of Sullivan (Sullivan: 146 and 148, Fig 22) do not have cartridge 144 between the inner and outer portions. In contrast, the instant invention shows the inner portion 733 and outer portion 731 with annular materials 724, 726, 728 between the inner portion and outer portion (Drawings: Fig 7). This particular kind of configuration alongside the plurality of discrete streams and discrete material elements is not found in the prior art.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6-9, 11-14, 17, 18, 20-21, 24-25, 29, 30, 34, and 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6-18 of U.S. Patent No. 11,865,246 B2, hereafter ‘246, in view of Sullivan (US 2015/0257447 A1). Although the claims are not identical, the instant claims are anticipated and/or made obvious by the cited patent and prior art.
Regarding Claim 1, ‘246 discloses most of the claimed invention (Claim 1) except for: liquid volatized by the heater passes, in the form of at least one of a vapor and an aerosol flowing in a plurality of discrete streams, each stream passing through a respective one or more of the plurality of discrete material elements.
However, Sullivan, of the same field of endeavor, teaches an electronic cigarette (paragraph 0002) including liquid volatized by the heater passes, in the form of at least one of a vapor and an aerosol flowing in a plurality of discrete streams, each stream passing through a respective one or more of the plurality of discrete material elements (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094) to allow for the variable selection of flavors, functions, or combinations thereof (paragraph 0094).
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 the device to include multiple cartridges in parallel, each with separate pathways and valves, as taught by Sullivan, to allow for the variable selection of flavors, functions, or combinations thereof (Sullivan: paragraph 0094). This type of improvement would allow for a user to choose multiple flavors, either selectively or combining them together, to satisfy their needs. Having this kind of improvement increases the number of choices that the user can choose for a more desired effect.
Regarding Claim 2, ‘246 discloses most of the claimed invention (Claim 1) except for: the at least one of a vapor and an aerosol flows in a plurality of discrete streams, and each stream passes through a respective one of the plurality of discrete material elements.
However, Sullivan, of the same field of endeavor, teaches an electronic cigarette (paragraph 0002) including the at least one of a vapor and an aerosol flows in a plurality of discrete streams, and each stream passes through a respective one of the plurality of discrete material elements (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094) to allow for the variable selection of flavors, functions, or combinations thereof (paragraph 0094).
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 the device to include multiple cartridges in parallel, each with separate pathways and valves, as taught by Sullivan, to allow for the variable selection of flavors, functions, or combinations thereof (Sullivan: paragraph 0094). This type of improvement would allow for a user to choose multiple flavors, either selectively or combining them together, to satisfy their needs. Having this kind of improvement increases the number of choices that the user can choose for a more desired effect.
Regarding Claim 3, ‘246 discloses most of the claimed invention (Claim 2) except for: liquid exiting the container passes, in the form of at least one of a vapor and an aerosol flowing in a plurality of discrete streams, each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use.
However, Sullivan, of the same field of endeavor, teaches an electronic cigarette (paragraph 0002) including liquid exiting the container passes, in the form of at least one of a vapor and an aerosol flowing in a plurality of discrete streams, each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094) to allow for the variable selection of flavors, functions, or combinations thereof (paragraph 0094).
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 the device to include multiple cartridges in parallel, each with separate pathways and valves, as taught by Sullivan, to allow for the variable selection of flavors, functions, or combinations thereof (Sullivan: paragraph 0094). This type of improvement would allow for a user to choose multiple flavors, either selectively or combining them together, to satisfy their needs. Having this kind of improvement increases the number of choices that the user can choose for a more desired effect.
Regarding Claim 4, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claims 3 and 4).
Regarding Claim 6, ‘246-Sullivan combination teaches all of the claimed invention (Sullivan: a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094).
Regarding Claim 7, ‘246-Sullivan combination teaches all of the claimed invention (Sullivan: a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; the valves allow for independent control of the fluid stream for each cartridge).
Regarding Claim 8, ‘246-Sullivan combination teaches all of the claimed invention (Sullivan: a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094; valves can open or close independently for selection of different flavors).
Regarding Claim 9, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claims 2 and 6).
Regarding Claim 11, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claim 7).
Regarding Claim 12, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claim 2).
Regarding Claim 13, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claim 8).
Regarding Claim 14, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claims 9, 10, and 11).
Regarding Claim 17, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claim 12).
Regarding Claim 18, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claims 2 and 13).
Regarding Claim 20, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claim 14).
Regarding Claim 21, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claims 2 and 13; the material elements are fixed due to the structural presence of the receptacle).
Regarding Claim 24, ‘246-Sullivan combination teaches all of the claimed invention (Sullivan: the cartridge may further include a fluid-impermeable covering disposed over at least a portion of the outer surface area of the packing material, such a covering may comprise a wall structure generally surrounding the packing material, with or without one or two fluid-permeable ends joined to the wall structure to fully retain/cover/encase the packing, to facilitate shipping and/or extended storage, the covering may include a fluid-impermeable film material removably fixed over the ends of the covering to seal the packing material and functional liquid within the covering for storage and/or transport prior to use of the cartridge, paragraph 0072; material elements are sealed by a covering when not in use). It is noted that the claim does not require these material elements to be separated from one another by the impermeable membrane during use of the device.
Regarding Claim 25, the current ‘246-Sullivan combination does not explicitly teach one or more of the discrete material elements comprises: a material container for containing material; and material contained within the material container.
However, an alternative embodiment of Sullivan further teaches one or more of the discrete material elements comprises: a material container for containing material (24, Fig 5); and material contained within the material container (30 is encased in 24, Fig 5; casing is a tube-like structure, paragraph 0082) for retaining functional liquid within the cartridge and/or imparting a shape to certain packing materials (paragraph 0008).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a casing around the materials, as taught by Sullivan, for retaining functional liquid within the cartridge and/or imparting a shape to certain packing materials (Sullivan: paragraph 0008). This ensures the structural integrity of the packing material.
Regarding Claim 29, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claim 14).
Regarding Claim 30, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claims 15 and 16).
Regarding Claim 34, ‘246-Sullivan combination teaches all of the claimed invention (‘246: Claim 17).
Regarding Claim 35, ‘246 discloses most of the claimed invention (Claim 18) except for: the liquid volatized by the heater and exiting the container flows, in the form of at least one of a vapor or an aerosol flowing in a plurality of discrete streams, each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use.
However, Sullivan, of the same field of endeavor, teaches an electronic cigarette (paragraph 0002) including the liquid volatized by the heater and exiting the container flows, in the form of at least one of a vapor or an aerosol flowing in a plurality of discrete streams, each stream passing through a respective one or more of the plurality of discrete material elements received by the receiving portion in use (a plurality of cartridges may be arranged in a device in parallel, valve or valves may simply partition the inhaled fluid stream through or around a single one of the cartridges, or may variably distribute the stream between or among two or more of the cartridges, for variable selection of flavors, functions, or combinations thereof, paragraph 0094) to allow for the variable selection of flavors, functions, or combinations thereof (paragraph 0094).
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 the device to include multiple cartridges in parallel, each with separate pathways and valves, as taught by Sullivan, to allow for the variable selection of flavors, functions, or combinations thereof (Sullivan: paragraph 0094). This type of improvement would allow for a user to choose multiple flavors, either selectively or combining them together, to satisfy their needs. Having this kind of improvement increases the number of choices that the user can choose for a more desired effect.
Claim 26 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 11,865,246 B2, hereafter ‘246, and Sullivan (US 2015/0257447 A1) as applied to Claim 25, and in further view of Daryani et al. (US 2017/0238612 A1).
Regarding Claim 26, ‘246-Sullivan combination teaches the claimed invention of Claim 25. ‘246-Sullivan combination fails to teach the material container comprises a connector, and wherein the connector is arranged to be one of the following: the connector is being received in the receiving portion; the connector is being connected to another such material container; the material container is annular in shape.
However, Daryani, of the same field of endeavor, teaches an electronic smoking device (Abstract) including the material container comprises a connector (28, 29, and 30, Fig 1), and wherein the connector is arranged to be one of the following: the connector is being received in the receiving portion (connect the first flavour carrying unit 9 with the end 3 of the body portion 5 which is facing towards the mouthpiece 2, paragraph 0021); the connector is being connected to another such material container (user can combine the flavour of the flavoured material 11 contained within the first flavour carrying unit 9 with the flavour of the flavoured material 12 contained within the second flavour carrying unit 10 by attaching the second flavour carrying unit 10 onto the first flavour carrying unit 9, using the press-fit connection provided by the attachment members 28, inserting the attachment protrusions 29 into the attachment grooves 30, paragraph 0021) to detachably fix flavor carrying units with one another via a press-fit connection (paragraph 0020).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add protrusions and grooves to the material containers, as taught by Daryani, to detachably fix flavor carrying units with one another via a press-fit connection (Daryani: paragraph 0020). This addition would help multiple material containers to secure to each other so that it is easier to combine flavors together. It would also help to keep the multiple material containers together so that they do not fall out of the device easily.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for art cited of interest including:
US 20150374035 A1 discusses an apparatus with various shapes for adding flavors to the aerosol.
US 20140261486 A1 discusses a vapor-enhancing apparatus with a flavor attachment at the end.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN THAI-BINH KHONG whose telephone number is (571)272-1857. The examiner can normally be reached Monday to Thursday 9:00 am-6:00 pm.
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/BRIAN T KHONG/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785
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