DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification does not provide a definition of “fully encapsulated” nor does it provide an example of a resistive heating wire fully encapsulated within the porous-ceramic body. The specification states that “the embedded coil 250 may be embedded and surrounded by a ceramic material” ([0053]) but does not indicate how an “embedded” coil differs from a “fully encapsulated” coil. For purposes of examination, “fully encapsulated” will be interpreted as “fully enclosed within”.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-8, 10, 11, 13, 14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Schuler et al. (US 2018/0303165) in view of Guo et al. (WO 2018/032553).
Claim 1. Schuler et al. discloses a vaporizing device 10 comprising a vaporization component or tank 20 (cartridge) and a power component 30. The tank 20 may include an atomizer 22 (bottom section) and a reservoir 24 (tank) for holding liquid for vaporization. The tank 20 also may include a mouthpiece 26 configured for placement in a user's mouth during use. The mouthpiece 26 may be integral with the tank 20 (Figure 1; [0019]). The tank (including the reservoir, mouthpiece, and airway) is made of glass ([0025]). The atomizer 150 may include a sleeve or outer housing 152 made of metal ([0027]; Figure 2). The atomizer 150 may comprise a wick 153 and a heating element 190 each separated from liquid in the reservoir 140 by a barrier 175 (sealing element) between the reservoir 140 and the atomizer 150. The barrier 175 may define a proximal end of the atomizer 150 or may be disposed proximate the proximal end of the atomizer 150. The reservoir 140 may define a container coupled to, and in communication with the barrier 175, such that the liquid may only exit the reservoir 140 through the barrier 175 ([0025]). The barrier 175 may be absorbent, permeable, or semi-permeable to allow liquid to travel from the reservoir 140 to the atomizer 150. The barrier 175 may be generally disk-shaped with an opening in the center for the airway 115. Exemplary materials suitable for the barrier 175 include, but are not limited to, fibrous materials such as cotton or fiberglass, and materials such as ceramics or silica configured into a permeable or semi-permeable matrix ([0026]; Figures 2, 3, and 4). The tank 100 includes an airway 115 (glass center tube) extending through each of the mouthpiece 130, the reservoir 140, the atomizer 150, and the connector 160. For example, the connector 160 may define one or more inlets in communication with the external environment, e.g., via one or more notches 117 (air intake aperture) at or proximate the distal end of the connector 160, when connected to a power component, such as power component 30 discussed above. Air may enter the device through the inlet(s) defined by the notches 117 and be drawn through the airway 115 towards the outlet of the airway 115 at the mouthpiece 130 when a user inhales (Figures 2, 3, and 4; [0024]). The heating element 190 may comprise a wire coil arranged in a vertical or horizontal orientation and open in the center to define a portion of the airway 115. For example, FIGS. 2 and 3 illustrate an example wherein the heating element 190 comprises a vertical coil (the coil extending along a longitudinal axis of the tank 100) that creates a coaxial void (airway bore) to define a portion of the airway 115 for receiving and transferring airflow. In some embodiments, the heating element 190 may comprise a coil that extends diametrically across the airway 115, e.g., in a space between the reservoir 140 and the connector 160 ([0032]). Wick 153 may comprise an absorbent material and/or be adsorbent to allow liquid to saturate the wick 153. Exemplary materials suitable for the wick 153 include, but are not limited to, fibrous absorbent materials such as cotton (including, e.g., organic cotton), fiberglass, and materials such as ceramics (Schuler [0029]). The wick 153 may at least partially or completely surround (fully encapsulate) the heating element 190 (Schuler [0031]).
Schuler et al. does not explicitly disclose that the barrier 175 (sealing element) is a silicone sealing element.
Guo et al. discloses an electronic cigarette comprising an outer casing 2 with a center tube formed with and extending through the outer casing 2. Silicone seat 7 contacts the bottom end of the center tube and of the outer casing 2 and separates them from the piezoelectric ceramic component (atomizer) (Figures 1 and 3; Page 5 of translation provided).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the barrier 175 (sealing element) of Schuler et al. so that it is made of silicone, such as that of Guo et al. because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07).
Claim 2. Modified Schuler et al. discloses that the notches 117 (air intake apertures) are a predetermined size (Schuler [0024]; Figure 4).
Claims 3-7. Modified Schuler et al. discloses that the device may allow a user to increase or decrease the size of the air inlets according to preference, e.g., such that larger sized inlets may allow for greater airflow and higher vapor output, and smaller sized inlets may allow for less airflow and reduced vapor. The amount or rate of airflow into the connector 160 may be controlled by a sliding element that can be adjusted by the user. FIGS. 6A and 6B illustrate an exemplary sleeve 192 (rotatable portion) coupled to the outside surface of the skirt portion 169 and having one or more apertures 194, each aperture 194 corresponding to one of the notches 117 of the skirt portion 169. The sleeve 192 may be slidably and/or rotatably coupled to the skirt portion 169, such that a user may increase or decrease the size of the air inlets by covering more or less of the notches 117 with the sleeve 192. For example, the sleeve 192 may rotate about the circumference of the skirt portion 169 and/or slide axially relative to the skirt portion 169 to adjust the position of the apertures 194 relative to the notches 117. The sleeve 192 may completely surround the skirt portion 169, e.g., as a sliding ring, or may only partially surround the skirt portion 169 (Schuler [0038]; Figures 6a and 6b).
Claim 8. Modified Schuler et al. discloses that the connector 160 (connected to atomizer 150) may serve to connect the heating element 190 to a power supply in order to provide heat for vaporization. As shown in FIGS. 2 and 3, the connector 160 may include a disc 164 coupled to a tenon 162 for connection to a compatible power supply. The outer surface of the tenon 162 may include threads 167 complementary to the threads of a power supply, in a standard connection generally referred to as a “510 connection” or “510 connector” (Schuler [0036]).
Claim 10. Modified Schuler et al. discloses that Exemplary materials suitable for the heating element 190 include metals and metal alloys such as, e.g., nichrome (nickel-chromium alloy), iron-chromium-aluminum alloy (e.g., Kanthal™ alloys), and any other metals and alloys providing for a high resistance wire. In at least one embodiment, the heating element 190 is formed from Kanthal™ wire ([0032]).
Claim 11. Modified Schuler et al. discloses that the entire assembly of the wick 153, heating element 190, and walled structure 156 may be surrounded by an insulating element 180, e.g., an annular ring, providing insulation between the assembly and the outer housing of the atomizer 150. The insulating element 180 may comprise a silicone ring (Schuler [0034]; Figures 2 and 3).
Claims 13 and 14. Schuler et al. discloses a vaporizing device 10 comprising a vaporization component or tank 20 (cartridge) and a power component 30. The tank 20 may include an atomizer 22 (bottom section) and a reservoir 24 (tank) for holding liquid for vaporization. The tank 20 also may include a mouthpiece 26 configured for placement in a user's mouth during use. The mouthpiece 26 may be integral with the tank 20 (Figure 1; [0019]). The tank (including the reservoir, mouthpiece, and airway) is made of glass ([0025]). The atomizer 150 may include a sleeve or outer housing 152 made of metal ([0027]; Figure 2). The atomizer 150 may comprise a wick 153 and a heating element 190 each separated from liquid in the reservoir 140 by a barrier 175 (sealing element) between the reservoir 140 and the atomizer 150. The barrier 175 may define a proximal end of the atomizer 150 or may be disposed proximate the proximal end of the atomizer 150. The reservoir 140 may define a container coupled to, and in communication with the barrier 175, such that the liquid may only exit the reservoir 140 through the barrier 175 ([0025]). The barrier 175 may be absorbent, permeable, or semi-permeable to allow liquid to travel from the reservoir 140 to the atomizer 150. The barrier 175 may be generally disk-shaped with an opening in the center for the airway 115. Exemplary materials suitable for the barrier 175 include, but are not limited to, fibrous materials such as cotton or fiberglass, and materials such as ceramics or silica configured into a permeable or semi-permeable matrix ([0026]; Figures 2, 3, and 4). The tank 100 includes an airway 115 (glass center tube) extending through each of the mouthpiece 130, the reservoir 140, the atomizer 150, and the connector 160. For example, the connector 160 may define one or more inlets in communication with the external environment, e.g., via one or more notches 117 (air intake aperture) at or proximate the distal end of the connector 160, when connected to a power component, such as power component 30 discussed above. Air may enter the device through the inlet(s) defined by the notches 117 and be drawn through the airway 115 towards the outlet of the airway 115 at the mouthpiece 130 when a user inhales (Figures 2, 3, and 4; [0024]). Connector 160 (connected to atomizer 150) may serve to connect the heating element 190 to a power supply in order to provide heat for vaporization. As shown in FIGS. 2 and 3, the connector 160 may include a disc 164 coupled to a tenon 162 for connection to a compatible power supply. The outer surface of the tenon 162 may include threads 167 complementary to the threads of a power supply, in a standard connection generally referred to as a “510 connection” or “510 connector” ([0036]). The heating element 190 comprises a wire coil and a wick. The heating element 190 may comprise a wire coil arranged in a vertical or horizontal orientation and open in the center to define a portion of the airway 115. For example, FIGS. 2 and 3 illustrate an example wherein the heating element 190 comprises a vertical coil (the coil extending along a longitudinal axis of the tank 100) that creates a coaxial void (airway bore) to define a portion of the airway 115 for receiving and transferring airflow. In some embodiments, the heating element 190 may comprise a coil that extends diametrically across the airway 115, e.g., in a space between the reservoir 140 and the connector 160 ([0032]). Wick 153 may comprise an absorbent material and/or be adsorbent to allow liquid to saturate the wick 153. Exemplary materials suitable for the wick 153 include, but are not limited to, fibrous absorbent materials such as cotton (including, e.g., organic cotton), fiberglass, and materials such as ceramics (Schuler [0029]). The wick 153 may at least partially or completely surround (fully encapsulate) the heating element 190 (Schuler [0031]).
Schuler et al. does not explicitly disclose that the barrier 175 (sealing element) is a silicone sealing element.
Guo et al. discloses an electronic cigarette comprising an outer casing 2 with a center tube formed with and extending through the outer casing 2. Silicone seat 7 contacts the bottom end of the center tube and of the outer casing 2 and separates them from the piezoelectric ceramic component (atomizer) (Figures 1 and 3; Page 5 of translation provided).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the barrier 175 (sealing element) of Schuler et al. so that it is made of silicone, such as that of Guo et al. because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07).
Claim 16. Modified Schuler et al. discloses that the entire assembly of the wick 153, heating element 190, and walled structure 156 may be surrounded by an insulating element 180, e.g., an annular ring, providing insulation between the assembly and the outer housing of the atomizer 150. The insulating element 180 may comprise a silicone ring (Schuler [0034]; Figures 2 and 3).
Claim 17. Modified Schuler et al. discloses that the notches 117 (air intake apertures) are a predetermined size (Schuler [0024]; Figure 4).
Claims 18 and 19. Modified Schuler et al. discloses that the device may allow a user to increase or decrease the size of the air inlets according to preference, e.g., such that larger sized inlets may allow for greater airflow and higher vapor output, and smaller sized inlets may allow for less airflow and reduced vapor. The amount or rate of airflow into the connector 160 may be controlled by a sliding element that can be adjusted by the user. FIGS. 6A and 6B illustrate an exemplary sleeve 192 (rotatable portion) coupled to the outside surface of the skirt portion 169 and having one or more apertures 194, each aperture 194 corresponding to one of the notches 117 of the skirt portion 169. The sleeve 192 may be slidably and/or rotatably coupled to the skirt portion 169, such that a user may increase or decrease the size of the air inlets by covering more or less of the notches 117 with the sleeve 192. For example, the sleeve 192 may rotate about the circumference of the skirt portion 169 and/or slide axially relative to the skirt portion 169 to adjust the position of the apertures 194 relative to the notches 117. The sleeve 192 may completely surround the skirt portion 169, e.g., as a sliding ring, or may only partially surround the skirt portion 169 (Schuler [0038]; Figures 6a and 6b).
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schuler et al. (US 2018/0303165) in view of Guo et al. (WO 2018/032553) and further in view of Reichert (US 10462849).
Claims 12 and 20. Modified Schuler et al. discloses the cartridges of claims 1 and 13, but does not explicitly disclose that the glass tank (including the reservoir, mouthpiece, and airway) is made of quartz glass.
Reichert discloses a coil for a personal vaporizer, the coil comprising a cylindrical cup sized to hold an amount of a concentrate that is to be vaped. The cup may be composed of any suitable material selected to not react with the concentrate and to have a coefficient of thermal expansion similar to that of the housing so that the housing and cup combination is stable when heated. Quartz glass or a ceramic is believed to be suitable for the cup material. Quartz glass is fused silica; namely, pure silica that is melted to form an amorphous solid. Quartz glass differs from conventional glass in that the quartz glass contains substantially no other ingredients. Quartz glass has a higher working temperature (about 1650 degrees C) and melting temperature (about 2000 degrees C) than conventional glass. The high strength and low thermal expansion of the quartz glass make it suitable for the application (Column 1, line 65 — Column 2, line 28).
Since the high strength and low thermal expansion of the quartz glass make it especially suitable for use in components of a vaporizer, as taught by Reichert above, it would have been obvious to one of ordinary skill in the art before the effective filing date that the glass components of the device of Zhu be made out of quartz glass. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07).
Response to Arguments
Applicant's arguments filed 2/5/26 have been considered but they are not persuasive. Applicant argues that Schuler and Guo do not disclose a monolithic porous-ceramic body having a resistive heating wire fully encapsulated within it such that the wire does not directly contact liquid or vapor. Examiner argues that Schuler teaches wherein the wick 153 may at least partially or completely surround (fully encapsulate) the heating element 190 (Schuler [0031]). Examiner also notes that some of the features upon which applicant relies (i.e., “such that the wire does not directly contact liquid or vapor”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant also argues that Schuler and Guo fail to teach “a monolithic glass housing comprising a glass mouthpiece, a glass tank that includes a glass center tube extending from the mouthpiece through the glass tank, the mouthpiece, tank and center tube each stationary within the housing”. Examiner argues that Schuler teaches that the mouthpiece 26 may be integral with the tank 20 (Figure 1; [0019]). The tank 100 includes an airway 115 (glass center tube) extending through each of the mouthpiece 130, the reservoir 140, the atomizer 150, and the connector 16 (Figures 2, 3, and 4; [0024]). The tank (including the reservoir, mouthpiece, and airway) is made of glass ([0025]). Applicant also argues that Schuler teaches that “the mouthpiece may be detachable from the tank” which teaches away from a monolithic glass housing. Examiner argues that Schuler also explicitly states that the mouthpiece may be integral with the tank 20 (Figure 1; [0019]). It has been held that “the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004) (See MPEP §2145(X)(D)(1)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747