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 .
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.
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 9-11 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.
Regarding claim 9, the term “highest” in claim 9 is a relative term which renders the claim indefinite. The term “highest” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In the instant case, the relative term “highest” as recited in the phrase “a part of the heater with a highest temperature” is unclear and the claim language fails to provide guidance as to the scope of the limitation such that a skilled artisan may not know how to avoid infringing on the claimed invention, because the metes and bounds of what is considered by the term “highest” are not clearly defined by the claim. Therefore, for the purposes of compact prosecution, the claims are examined with “highest temperature” being given its broadest reasonable interpretation as being the temperature within the heated portion of a heater being heated (e.g., due to electrical current flowing through a resistance electrical heater).
Claims 10-11 are indefinite by dependence on an indefinite claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-9, 11, 13-14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiu et al. (CN 112237298, machine translation relied upon).
Qiu discloses an article for use as a part of a non-combustible aerosol provision system (Figs 1-2, [0057], Embodiment 1 provides an aerosol generating device (anticipates a non-combustible aerosol provisions system) , which includes an atomizer (100) (anticipates an article) and a power supply device (200) electrically connected to the atomizer (100)), the article comprising:
a housing (Fig. 3, [0058], a liquid storage component (10) (anticipates a housing); and
a substantially planar aerosol generating component (Fig. 4, [0068], [0070], The heating component (30) includes a heating element (32) (therefore, anticipating an aerosol generating component) which is used to heat the aerosol forming matrix. The heating element (32) is disposed on the atomizing surface (31B). In one specific embodiment, the heating element (32) has a flat structure and can fully contact the atomizing surface (31B) (reads over substantially planar);
wherein the housing comprises a plurality of air inlets disposed within a first plane at a first end (Fig. 3, [0080]; In one specific embodiment, an air inlet (221) (shown as a plurality of holes, anticipating a plurality of air inlets) is provided on the end face of the atomizing base 22 away from the atomizing bracket 21, anticipating disposed within a first plane at a first end), wherein the aerosol generating component forms a second plane (Fig. 3 with Fig. 4), wherein the plurality of air inlets are entirely within a perimeter defined by the aerosol generating component when viewed along an axis perpendicular to the first plane (see annotated partial Fig. 3 below, with partial Fig. 4, [0070]; It is understood that Figure 4 is only used to illustrate that the heating element 32 is disposed on the atomizing surface 31B.)
PNG
media_image1.png
265
391
media_image1.png
Greyscale
PNG
media_image2.png
207
368
media_image2.png
Greyscale
Regarding claim 2, Qiu discloses wherein the first end of the housing comprises an outer housing component (Fig. 4, [0072], [0075]; The base assembly (20) includes an atomizing bracket (21) and an atomizing base (22) (anticipates an outer housing component on the first end of the housing)). This anticipates Claim 2.
Regarding claim 3, Qiu discloses the plurality of air inlets is located in the outer housing component (Fig. 3, [0080]; In one specific embodiment, an air inlet (221) is provided on the end face of the atomizing base (22)). This anticipates Claim 3.
Regarding claim 4, Qiu discloses each air inlet of the plurality of air inlets extends from an outside of the article directly into an aerosol generating chamber (Fig.6, [0080]; The air inlet (221) is connected to both the outside atmosphere and the atomizing chamber (201). The air inlet (221) introduces outside air into the atomizing chamber (201), anticipating extends from an outside of the article directly into an aerosol chamber). This anticipates Claim 4.
Regarding claim 5, Qiu discloses the aerosol generating chamber is formed by an inwardly facing surface of the outer housing component and a flow component (Fig. 6, [0074], [0080]; The atomizing chamber (201) is formed on the atomizing base (22). Specifically, the atomizing base (22) has an opening at one end facing atomizing bracket (21) (anticipates an inwardly facing surface). A connecting port 215 is also provided on the side wall of the atomizing bracket 21. The connecting port 215 is connected to the air inlet 226 and the air outlet 214. Thus, when the user inhales, external gas enters the atomizing chamber 201 through the air inlet 221 and mixes with the smoke. The mixed smoke then flows out through the air outlet 214 after passing through the air vent 226 and the connecting port 215. Therefore, the atomizing bracket anticipates a flow component due to the flow of mixed smoke described above. This anticipates Claim 5.
Regarding claim 6, Qiu discloses the aerosol generating component is located within the aerosol generating chamber (Fig. 6, [0072]; The heating component (30) is sandwiched between the atomizing bracket (21) and the atomizing base (22), anticipating the aerosol generating component is located with the aerosol generating chamber). This anticipates Claim 6.
Regarding claim 7, Qiu discloses wherein the plurality of air inlets comprises one of : two air inlets, three air inlets, four air inlets, five air inlets, six air inlets, seven air inlets, or eight air inlets. (Fig. 3 air inlet (221) depicts at least six apertures in the air inlet). This anticipates the number of plurality of air inlets of Claim 7.
Regarding claim 8, Qiu discloses heating element (32) is electrically connected to the power supply device (200). Under the electric drive of the power supply device (200), the heating element (32) heats the aerosol forming matrix conducted to the atomizing surface (31B) so that the aerosol forming matrix is atomized to generate smoke ([0068]). In one specific embodiment, the heating element (32) may be a heating coating, a heating circuit, a heating element, or a heating mesh, etc., ([0069]). Therefore, a person having ordinary skill in the art would be reasonably suggested heating element (32) must be an electrically resistive heater. This anticipates Claim 8.
Regarding claim 9, Qiu discloses wherein the heater comprises a heated section defined by a temperature perimeter of within 10% of the part of the heater with the highest temperature (Fig. 3, [0070]; In this embodiment, the heating element 32 has a flat structure and can fully contact the
atomizing surface 31B to ensure that the atomizing surface 31B is heated evenly. In this way, the temperature of the atomization effect is more consistent, and the atomized particles will not be larger due to local low temperature.) This anticipates claim 9.
Regarding claim 11, Qiu discloses3 wherein the airflow inlets are located within the temperature perimeter of the heated section (annotated partial Fig. 3). Review of annotated partial Figs. 3 and 4 in conjunction with Fig. 6 reasonably suggests to a person having ordinary skill in the art a flat structure heating element that can fully contact the atomizing surface (31B) ([0070]) must fully project onto the airflow inlet (221). This anticipates Claim 11.
Regarding claim 13, Qiu discloses wherein each air inlet in the plurality of air inlets comprises of an opening, a neck section, and an outlet (annotated partial Fig. 6 below).
PNG
media_image3.png
408
314
media_image3.png
Greyscale
Regarding claim 14, Qiu discloses in Fig. 6 wherein the opening and the outlet of each individual hole of air inlet (221) have the same shape as another individual hole of air inlet (221). This anticipates Claim 14.
Regarding claim 16, Qiu discloses in Fig. 6 wherein the opening and the outlet of each individual hole of air inlet (221) have the same dimension as another individual hole of air inlet (221). This anticipates Claim 16.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu et al. (CN 112237298) as applied to claim 1 above.
Regarding claim 12, Qiu discloses all the claim limitations as set forth above and further discloses wherein the plurality of air inlets comprises one of: two air inlets, three air inlets, four air inlets, five air inlets, six air inlets, seven air inlets, or eight air inlets. (Fig. 3 air inlet (221) depicts at least six apertures in the air inlet). Qiu does not explicitly disclose “wherein each air inlet is configured as would be found on a die.”
It would have been obvious to one having ordinary skill in the art at the time the invention was made to arrange each air inlet of the air inlet (221) as shown in Qiu Fig. 3., since rearrangement of parts where both arrangements are known equivalents is a design choice that gives predicable results. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). This reads over claim 12.
Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu et al. (CN 112237298) as applied to claims 1 and 9 above, in view of Weigensberg et al. (US 2021/0045456, cited on 9/29/2023 IDS).
Regarding claim 10, Qiu discloses all the claim limitations as set forth above and further discloses the shape of the heating element (32) is not specifically limited, and the specific shape of the heating element (32) can be changed according to specific design requirements ([0070]).
However, Qiu does not explicitly disclose or reasonably suggest the heater heated section comprises multiple parallel filament sections which are separated by corresponding parallel sections.
Weigensberg teaches a nicotine electronic vaping device (10) which comprises two sections: a first nicotine e-vaping section, cartridge, or pod (12), and a power section (14) ([0055]). The first nicotine e-vaping section (12) includes a heater (60) to a least partially vaporized the nicotine pre-vapor formulation (21) to form a nicotine vapor within a chamber (72) (Fig. 6, [0062]). In an example embodiment, the heater (60) includes heating element (61) (reads over a heated section) in the shape of a sinusoidal wave (reads over parallel filament sections); shaped to maximize a surface contact with the wick (64). The heating element (61) defines openings (82) within the heating element (61) (reads over corresponding parallel spaces), where the openings expose surface regions of the wick (64) to the interior of the chamber (72) (Fig. 8, [0086]).
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 heating element of Qiu to have a sinusoidal wave shape with defined openings within the heating element as taught by Weigensberg which results in maximized surface contact with the wick (i.e., the heating component of Qiu) while at the same time exposes surface regions of the wick to the interior of the chamber (i.e., the atomizing chamber of Qiu). This reads over Claim 10.
Regarding claim 18, Qiu discloses all the claim limitations as set forth above and further discloses an aerosol generating device (reads over a non-combustible aerosol provision system), which includes an atomizer (100) and a power supply device (200) electrically connected to the atomizer (100) (Fig. 1, [0057]). Qiu does not explicitly disclose a device comprising a control unit.
Weigensberg teaches a nicotine electronic vaping device (10) which comprises two sections: a first nicotine e-vaping section, cartridge, or pod (12) (i.e., an article), and a power section (14) ([0055]). In an example embodiment, the power section (14) includes a control system (58). In an example embodiment, the control system (58) includes a controller (54) (reads over a control unit) that is operationally connected to the power source (50) and at least one sensor (52). In an example embodiment, the controller (54) of the control system (58) performs calculations and controls an operation of elements of the nicotine e-vaping device (10), as described herein ([0065]).
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 power supply device of Qiu to include a controller as taught by Weigensberg such that the controller performs calculations and controls an operation of elements of the aerosol generating device of Qiu. This reads over Claim 18.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu et al. (CN 112237298) as applied to claim 13 above, in view of Hawes et al. (US 2022/0225669).
Qiu discloses all the claim limitations as set forth above, but does not explicitly disclose wherein the opening and the outlet of each individual air inlet of the plurality of air inlets are of a different shape as another individual air inlet of the plurality of air inlets.
Hawes teaches a heat-not-burn (HNB) aerosol generating device (abstract) where according to some embodiments the distal end piece (112) (e.g., bottom end piece) includes at least one distal recess (115) (Fig. 1D, [0065]). As shown in FIG. 1D, the distal recess (115) may include a plurality of body housing air inlets (113) on the left and right sides of the connector port (114), but the example embodiments are not limited thereto, and the air inlets may be arranged in any number, location and/or pattern. The air inlets (113) allow external air to flow into at least one air hose included in the interior of the device body housing 101 upon a draw event and/or the application of negative air pressure at the proximal end of the aerosol generating device (100), e.g., at the mouthpiece (160). Each air inlet (113) may have an elongate shape, but the example embodiments are not limited thereto, and the air inlets (113) may have other shapes, such as circular, polygonal, etc., shapes, or any combinations (reads over different shapes) thereof ([0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each of the air inlet (221) inlet and outlet opening of Qiu to have separate, individual shapes as compared to another because Hawes teaches air inlets may have any combination of other shapes. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04). This reads over Claim 15.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu et al. (CN 112237298) as applied to claim 13 above, in view of Fraser et al. (US 2022/0211114).
Qiu discloses all the claim limitations as set forth above, but does not explicitly disclose wherein the opening and the outlet of each individual air inlet of the plurality of air inlets have different dimensions compared to another individual air inlet of the plurality of air inlets.
Fraser teaches a first electronic aerosol provision device(20). The electronic cigarette (20) (i.e., aerosol generating device) comprises two main sections, a control section (22) and a cartridge section (24) (Fig.1, [0024]). A fifth (embodiment) electronic aerosol provision device (700). As shown in Fig. 7, e-cigarette (700) comprises a fixed airflow pathway (750) extending to air inlet (748) using a direct linear flow configuration that includes a mechanism (715) (shown in schematic form in Fig. 7) to alter the configuration of the air pathway (750) so as to modify the relative proportion of laminar and turbulent airflow within the air pathway (750), thereby provide some control over the resulting particle size distribution of the aerosol produced by the e-cigarette (700) ([0056]). A potential implementation of mechanism (715) comprises a grill, grating or other similar structure which may be moved into the airflow path (750) to increase turbulence however, the configuration or some other property (or properties) of the grill may be varied, such as the size of individual openings (i.e., individual air inlets) within the grill, to change the amount the amount of turbulence produced in the airflow.
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 invention of Qiu to have each of the air inlet (221) individual inlet and outlet openings of the air inlet to have varied sizes because Fraser teaches various sizes of individual openings (i.e., apertures) changes the amount of turbulence produced in the airflow air inlets may provide some control over the resulting particle size distribution of the aerosol produced in the aerosol generating device of Qiu. This reads over Claim 17.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu et al. (CN 112237298) in view of Weigensberg et al. (US 2021/0045456) as applied to claim 18 above, and further in view of Wen et al. (US 2023/0309627).
Regarding claim 19, modified Qiu discloses teaches a nicotine electronic vaping device (10) which comprises two sections: a first nicotine e-vaping section, cartridge, or pod (12) (i.e., an article), and a power section (14) (i.e., a device) (Weigensberg [0055]); wherein the first nicotine e-vaping section (12) is connected to the power section (14). However, modified Qiu does not explicitly disclose the two sections are separably connected.
Wen teaches a non-combustible aerosol provision system where the atomizer (an article) and power supply assembly (a device) may be attached integrally or separably connected ([0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to practice the invention of modified Qiu to attach the article and device separably depending on the demands as it is known in in the art. The Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04). This reads over Claim 19.
Regarding claim 20, modified Qiu discloses teaches a nicotine electronic vaping device (10) which comprises two sections: a first nicotine e-vaping section, cartridge, or pod (12) (i.e., an article), and a power section (14) (i.e., a device) (Weigensberg [0055]); wherein the first nicotine e-vaping section (12) is connected to the power section (14). However, modified Qiu does not explicitly disclose the two sections are permanently connected.
Wen teaches a non-combustible aerosol provision system where the atomizer (i.e., an article) and power supply assembly (i.e., a device) may be attached integrally or separably connected ([0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to practice the invention of modified Qiu to attach the article and device integrally depending on the demands as it is known in in the art. The use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (see MPEP § 2144.04). This reads over Claim 20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE KIRBY JORDAN whose telephone number is 571-272-5214. The examiner can normally be reached M-F 8AM - 4PM (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached on 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RONNIE KIRBY JORDAN/Examiner, Art Unit 1747
/KATHERINE A WILL/Primary Examiner, Art Unit 1747