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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 21-34 and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lui (US Patent Application Publication 20130319438 A1).
As per claim 21, Lui teaches a cartomizer 90, for use with an electronic smoking device (along 90), comprising: a tank 11 having an inner tube 5 within an outer housing 1; a battery connector 12 adjacent to a first end of the tank 11; a proximal seal (along 42, see paragraph 53) adjacent to a second end of the tank 11; a heater coil housing 22 in between the battery connector 12 and the proximal seal (along 42, see paragraph 53); a heater coil 211 in the heater coil housing 22, the heater coil 211 around a wick (along 211) for moving liquid (within 5) from the tank 11 towards the heater coil 211; the inner tube 5 extending centrally through the outer housing 1, a first end of the inner tube sealed (within 5, along 42, see paragraph 53) to a heater coil housing 22; and a mouthpiece (along 4) attached to the tank 11.
As per claim 22, Lui teaches a cartomizer 90, further including a first snap connector (42 along 1) engaging the proximal seal (along 42, see paragraph 53) to an inner surface (along 1) of the outer housing 1.
As per claim 23, Lui teaches a cartomizer 90, further including a second snap connector (15, see paragraph 46, wherein 15 is clamped) engaging the battery connector 12 to the inner surface (along 1) of the outer housing 1.
As per claim 24, Lui teaches a cartomizer 90, further including an expansion chamber 41 in the proximal seal (along 42, see paragraph 53).
As per claim 25, Lui teaches a cartomizer 90, wherein the expansion chamber 41 has a diameter larger (along 41) than an inside diameter (along 5) of the inner tube 5.
As per claim 26, Lui teaches a cartomizer 90, wherein the mouthpiece (along 4) includes an outwardly flaring outlet (shown in figure 3).
As per claim 27, Lui teaches a cartomizer 90, wherein first and second ends of the wick (along 211) extend out of first and second ports (along end portions of 211, shown in figure 3) in the heater coil housing 22, and the wick (along 211) has a diameter greater (along 211) than the first port (along end portion of 211, shown in figure 3) and greater than the second port (along end portion of 211, shown in figure 3).
As per claim 28, Lui teaches a cartomizer 90, wherein the wick (along 211) is compressed between a neck portion (along 3120 bottom portion of 31) and a base portion (along 310 mid portion of 31) of the heater coil housing 22.
As per claim 29, Lui teaches a cartomizer 90, wherein first and second ends of the wick (along 211) extend out of first and second ports (along end portions of 211, shown in figure 3) in the heater coil housing 22, further including a first recess (along 132) in the heater coil housing 22 around the first port and a second recess (along 130) in the heater coil housing 22 around the second port (shown in figure 3).
As per claim 30, Lui teaches a cartomizer 90, wherein the first and second recesses (along 130) each has a chamfered sidewalls (along 130, 132).
As per claim 31, Lui teaches a cartomizer 90, wherein the heater coil housing 22 has a circumferential lip 131 partially overlying a recessed pocket (130, 132).
As per claim 32, Lui teaches a cartomizer 90, further including a lip portion 131 on an inner surface (along 1) of the outer housing 1 projecting into a recessed portion (along 40) of the proximal seal (along 42, see paragraph 53), creating a seal (along 42, see paragraph 53) to prevent liquid (within 5) from leaking out of the tank 11.
As per claim 33, Lui teaches a cartomizer 90, further including an L-shaped channel (shown in figure 3 along 12) on the battery connector 12 for mechanically attaching (see figure 13) the cartomizer 90 to a battery assembly 91.
As per claim 34, Lui teaches a cartomizer 90, wherein the inner tube 5 has an inner diameter (along 5) which increases from the heater coil housing 22 to the proximate seal (along 42, see paragraph 53).
As per claim 40, Lui teaches a cartomizer 90, for use with an electronic smoking device (along 90), comprising: an inner tube 5 within an outer housing 1; a battery connector 12 adjacent to a first end of the outer housing 1; a proximal seal (along 42, see paragraph 53) adjacent to a second end of the outer housing 1; a heater coil housing 22 in between the battery connector 12 and the proximal seal (along 42, see paragraph 53); a heater coil 211 in the heater coil housing 22, the heater coil 211 around a wick (along 211); the inner tube 5 extending centrally through the outer housing 1 a first end of the inner tube sealed (within 5, along 42, see paragraph 53) to a heater coil housing 22; and a mouthpiece (along 4) at the second end of the outer housing 1.
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 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.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui (US Patent Application Publication 20130319438 A1) in view of Thorens et al. (US Patent Application Publication 20130340750 A1).
Lui does not teach, further including a liquid in the tank having a viscosity in a range of 100 centipoise to 300 centipoise at 200 centigrade.
Thorens teaches, further including a liquid 115 in the tank 113 having a viscosity in a range (paragraph 40-41 and 59).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the invention of Lui in view of Thorens to include the teaching of, further including a liquid in the tank having a viscosity in a range.
The motivation to combine the teachings of Lui in view of Thorens would have been to have achieved the desired properties of the liquid, ensure that the wick is always wet in the heating area, preventing that the wick is dry, thereby overheating, which can lead to thermal degradation of liquid (see paragraph 41).
Further, Lui nor Thorens discloses the claimed invention except for a range of 100 centipoise to 300 centipoise at 200 centigrade. It would have been obvious to one having ordinary skill in the art at the time the invention was filled to a range of 100 centipoise to 300 centipoise at 200 centigrade, the motivation would have been to achieved the desired properties of the liquid, ensure that the wick is always wet in the heating area, preventing that the wick is dry, thereby overheating, which can lead to thermal degradation of liquid (see paragraph 41), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON R BURGOS-GUNTIN whose telephone number is (571)270-0574. The examiner can normally be reached 9:00am-5:00PM, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abdullah A. Riyami can be reached on (571)270-3119. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nelson R. Burgos-Guntin/Examiner, Art Unit 2831
/ABDULLAH A RIYAMI/Supervisory Patent Examiner, Art Unit 2831
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