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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 16-28) tied to a replaceable cartridge in the reply filed on 3/13/2026 is acknowledged.
Claims 29-37 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/13/2026.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 8/11/2023, 9/12/2023, 3/6/2024, 11/21/2024, 3/6/2026 have been considered by the Examiner.
Specification
The disclosure is objected to because of the following informalities:
2nd page line 19 should be amended to read “The.
Appropriate correction is required.
Claim Objections
Claim 21 is objected to because of the following informalities:
Claim 21 line 2 should read “…configured to hold a sealing member”, as this sealing member was not previously introduced in claim 16 of which this claim depends. If this is intended to refer to the slidable sealing element as introduced in claim 16, the claim should be amended to reflect this.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 23 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 23 requires “the replaceable cartridge is configured to be detachably connectable to the aerosol-generating device”, and claim 16 of which this claim depends also requires “a replaceable cartridge configured to be detachably connected to an aerosol-generating device”. As such, the limitations of claim 23 do not contain any unique limitations such that the claim is not further limiting the subject matter of independent claim 16 of which the claim depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim 24 is rejected for relying upon a rejected claim.
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 16-28 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US2017/0079328A1, of record) in view of Force (WO2017167511A1, of record).
Regarding claim 16, Wu teaches a replaceable cartridge (atomized liquid storage device “10” as in Figs. 1-2, which is akin to the claimed cartridge) configured to be detachably connected to an aerosol-generating device (atomization device “40” is considered the aerosol-generating device, wherein the cartridge “10” is removably attachable to “40” [see Figs. 5+]. Also, the device “40” is connected with “1” in a matching manner to ensure proper connection of the device [0031] and wherein to atomization device “40” may be inserted into and removed from “10” [0031-0032]),
A liquid storage portion configured to store a liquid agent (the liquid storage device “10” includes a container “11” for storing atomizing liquid [0029, Figs. 1-2]), the liquid storage portion comprising a liquid outlet configured to direct the liquid out of the liquid storage portion (liquid outlet hole “13” is formed on an inner portion of liquid container [0029, Figs. 1-2], wherein this hole directs liquid out of the liquid container towards the penetrating through hole “12” [0029, Figs. 1-2]),
A slidable sealing element configured to seal the liquid outlet, the slidable sealing element being configured to slide away from the liquid outlet upon application of a pressure to the sealing element (there is included a sealing tube “20” which is provided on an internal portion of the liquid outlet hole “13” [0029, Figs. 1-2]. The sealing tube “20” can slide up and down [0029]. When the device is not being used, the sealing tube covers the liquid outlet hole 13 [0029-0030]. When the heating atomizing tube 30 on the atomization device 40 is inserted into the cartridge “10”, the tube “30” applies pressure on the sealing tube “20” such that it slides upwards, so that the liquid in the container permeates from the liquid outlet hole into the adsorption layer and the heating device so that the liquid is atomized [0029-0030]. The sealing tube provides a simple solution for having good sealing performance to prevent leakage and aid in efficient use and replacement of the atomized liquid storage device [0030]. An annotated Fig. 2 of Wu is included below with labeled portions coordinating to the claim language).
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Wu does not explicitly have a wicking element arranged adjacent to the liquid outlet and being configured to absorb and supply the liquid agent to the liquid outlet. However, it is known in the art to situate a wicking element as such. Force, for example, is similarly tied to a capsule “30” which is detachably connected to an aerosol generating device “100” [see Figs. 1A-1C]. The capsule “30” includes a reservoir “300” containing an aerosol-generating substrate 360 which is a liquid, and a passage “315” in the center for aerosol flow to pass through [Fig. 2A, pgs. 16-18], which is of substantially similar structure as Wu and the instant application. The capsule includes ports “330” of which the liquid substrate travels through, and located before the liquid outlet is a layer of high retention material “320” disposed across the openings and in communication with the ports “330” [pgs. 16-17, Figs. 2a-2b]. The material “320” may be considered akin to the wicking element of the instant application under the broadest reasonable interpretation thereof.
One of ordinary skill in the art would have found it obvious to modify Wu to have the high retention material in the liquid storage portion around the liquid outlet, as suggested by Force. One would have been motivated so that when the capsule and the vaporizing unit are disconnected, there remains sufficient structural integrity to prevent free flow of liquid aerosol generating substrate out of the reservoir [pg. 8]. And as Wu and Force are both similarly tied to designs to minimize leakage and ensure integrity during the changing of capsules in an aerosol-generating device, it would have been obvious for the person of ordinary skill in the art to utilize both of these structures with a reasonable expectation of success (of thus providing an enhanced, leak proof capsule with sufficient structural integrity).
Regarding claim 17, modified Wu makes obvious a replaceable cartridge wherein the wicking element is located in an interior of the liquid storage portion (as in Fig. 2a of Force, the wicking element “320” is provided inside of the reservoir “300” and adjacent to the liquid outlet).
Regarding claim 18, modified Wu makes obvious a replaceable cartridge wherein the wicking element abuts the liquid outlet (as in Fig. 2a of Force, the wicking element “320” is provided directly next to and sharing a common boundary with the liquid ports “330” of which the substrate travels through to be atomized).
Regarding claim 19, modified Wu makes obvious a replaceable cartridge wherein the wicking element is located between the liquid storage portion and the liquid outlet (as in Fig. 2a of Force, the wicking element “320” is clearly located between the liquid storage portion “300” and the liquid outlet hole “330”).
Regarding claim 20, modified Wu makes obvious a replaceable cartridge further comprising a central hollow portion comprising an upstream opening and a downstream opening wherein an air-flow-path through the cartridge between the two openings (as in Fig. 2 of Wu, the capsule “10” includes a through hole “12” which is clearly hollow [0029-0030]. One end of “12” would be the upstream end, and the opposite end would be the downstream end, and as when the capsule is used with the aerosol generating device the aerosol flows through the through hole “12” to be inhaled into the human body [0030], the aerosol would clearly necessarily travel through an upstream and downstream openings thereof to exit into the user).
Regarding claims 21-22, modified Wu makes obvious a replaceable cartridge further comprising a flexible biasing member to hold a slidable sealing element in a position sealing the outlet when no pressure is applied, and the flexible member is a spring (Wu may be provided with a spring “15” which abut against the inner wall of the through hole and the top of the sealing tube “20” [0032, Figs. 3-4]. When the capsule is engaged with the aerosol-generating device, the sealing tube is pushed to slide upwards and compress the spring and when the capsule is removed the spring restores to its previous position so that the sealing tube slides to seal the liquid outlet hole [0032]. As such, it would be considered that this spring is the flexible biasing member which holds the slidable element “20” in place when no pressure is applied, aka when the capsule is not engaged with the aerosol generating device).
Regarding claims 23-24, modified Wu makes obvious a replaceable cartridge wherein the cartridge is detachably connectable to the aerosol-generating device and comprises device connection elements to connect with the aerosol-generating device (atomization device “40” is considered the aerosol-generating device, wherein the cartridge “10” is removably attachable to “40” [see Figs. 5+]. Also, the device “40” is connected with “1” in a matching manner to ensure proper connection of the device [0031] and wherein to atomization device “40” may be inserted into and removed from “10” [0031-0032]. Because of conductive contact arrays, connections are ensured and use is only possible if the cartridge “10” and the device “40” are properly connected [0031-0032]. As such, it would clearly be considered that the cartridge comprises device connection elements).
Regarding claims 25-26, Wu does not explicitly detail the mouthpiece connection elements of the capsule “10”. However, it is extremely common for a mouthpiece to connect to capsules such as Wu’s within the art of aerosol generating devices. Force, for example, teaches a very similar capsule “30” to that of “10” of Wu. Force has a cover “40” which is placed onto the capsule/vaporizing unit [see Figs. 1a-1c]. The cover has the mouth end “101” of which the air is drawn through to the user [pg. 16], such that the cover “40” would clearly be the mouthpiece. The cover “40” is clearly removable as in Figs. 1a-1c, and is releasably securable [pg. 16] such that it is clearly detachably connectable. The capsule “30” of Force clearly has a central hollow portion “315” which functions as the passage for aerosol flow moving from an upstream to downstream openings (lower and upper respectively of Fig. 2a). As in Figs. 1a-1c, the central inner portion of the cover “40” comprises two inward arms/connecting elements which extend inward of the inner walls of the capsule “30” [Figs. 1a-1c]. Therefore, it is clear that at least these connection elements would be located at the inner walls of the central hollow portion. One of ordinary skill in the art would have found it obvious to modify the capsule of Wu so as to be detachably connectable to a mouthpiece and connection elements as suggested by Force. One would have found this obvious as mouthpieces and associated connecting/detaching mechanisms are incredibly common and ubiquitous within the art. And one would have been motivated to utilize the structures as suggested by Force in order to have the mouthpiece/capsule releasably securable [Force, Pg. 16] so as to have a mouthpiece for easy aerosol control to a user which may be removed and disposable [pg. 16]. As such, the combination of the cover of Force with the capsule of Wu would have been obvious to the person of ordinary skill in the art and would have yielded the predictable results of having a removable mouthpiece to connect to the capsule.
Regarding claim 27, modified Wu makes obvious a replaceable cartridge wherein the slidable element is ring shaped (see Fig. 1 and 3 of Wu, wherein “20” is clearly in a ring shape).
Regarding claim 28, modified Wu makes obvious a replaceable cartridge wherein the cartridge is configured to partly receive one of an-aerosol generating article or the aerosol-generating device (atomization device “40” is considered the aerosol-generating device, wherein the cartridge “10” is removably attachable to “40” [see Figs. 5+]. Also, the device “40” is connected with “1” in a matching manner to ensure proper connection of the device [0031] and wherein to atomization device “40” may be inserted into and removed from “10” [0031-0032]. Because of conductive contact arrays, connections are ensured and use is only possible if the cartridge “10” and the device “40” are properly connected [0031-0032]. Therefore, it is clear that the capsule “10” may at least partly receive the device “40” so as to allow the proper functioning of the device).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR20140002774U
WO2019193311A
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/T.F.S./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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