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 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.
Claim 7 is 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 7 recites “wherein the at least one airflow channel contains a further joint section with a curved outer wall”. It is unclear whether this is the further joint section of claim 1 or if this is an additional joint section. For the purposes of prior art examination, the examiner has interpreted this as the same as the further joint section of claim 1.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-8, 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ZINOVIK et al. (US 2019/0230986).
Zinovik teaches an article (see figure 5a) for use as part of a non-combustible aerosol provision system comprising at least one aerosol outlet (see arrow of figure 5A); and at least one airflow channel (90), wherein the at least one aerosol outlet is arranged in fluid communication with the at least one airflow channel (see figure 5A), and wherein the at least one airflow channel has a longitudinal section (section near 86 and section near air inlet) and a lateral section (section near 84) connected together via a joint section (see lower right corner of airflow channel 90), wherein the joint section has a curved outer wall (see figure 5A), wherein the article comprises a further joint section (see lower left corner of airflow channel 90) connecting the longitudinal section of the airflow channel with the at least one aerosol outlet of the article, wherein the further joint section also has a curved outer wall (see figure 5A).
Regarding claim 3, figure 5a shows the article comprises an inner housing (82) defining a storage area (22) for aerosol forming material to be stored.
Regarding claim 4, figure 5A shows an outer housing (86), the at least one airflow channel extending between the outer housing (86) and the inner housing (82).
Regarding claim 5, figure 5A shows the curved outer wall of the joint section is formed by the outer housing.
Regarding claim 6, figure 5A shows the joint section is a bend having a degree of bend of 90° which falls into the claimed range of between 80° and 100°.
Regarding claim 7, figure 5A shows the at least one airflow channel (90) contains a further joint section with a curved outer wall (see lower left corner of airflow channel 90).
Regarding claim 8, figure 2C shows the at least one outlet has the form of at least one slot (46).
Regarding claim 10, Zinovik teaches a non-combustible aerosol provision system (10) comprising the article and a device comprising a power source (21) and a control unit (20).
Regarding claim 11, Zinovik teaches the device and the article are separably connected (para. 0027).
Regarding claim 12, Zinovik teaches the device and the article are permanently connected (“fixed” para. 0027).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZINOVIK et al. (US 2019/0230986) in view of FORCE (US 2017/0280774).
Zinovik teaches an article (see figure 5a) for use as part of a non-combustible aerosol provision system comprising at least one aerosol outlet (see arrow of figure 5A); and at least one airflow channel (90), wherein the at least one aerosol outlet is arranged in fluid communication with the at least one airflow channel (see figure 5A), and wherein the at least one airflow channel has a longitudinal section (section near 86 and section near air inlet) and a lateral section (section near 84) connected together via a joint section (see lower right corner of airflow channel 90), wherein the joint section has a curved outer wall (see figure 5A), wherein the article comprises a further joint section (see lower left corner of airflow channel 90) connecting the longitudinal section of the airflow channel with the at least one aerosol outlet of the article, wherein the further joint section also has a curved outer wall (see figure 5A).
Force teaches an article (see figure 4) for use as part of a non-combustible aerosol provision system comprising at least one aerosol outlet (45); and at least one airflow channel (420), wherein the at least one aerosol outlet is arranged in fluid communication with the at least one airflow channel (see figure 4), and wherein the at least one airflow channel has a longitudinal section and a lateral section connected together via a joint section. Figure 4 shows there are multiple airflow channels (420).
It would have been obvious to one of ordinary skill in the art to modify the article of Zinovik to have multiple airflow channels because Force teaches that this allows the article to achieve a desired resistance to draw value (para. 0075).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZINOVIK et al. (US 2019/0230986) in view of WENSLEY et al. (US 2016/0213065).
Zinovik teaches an article (see figure 5a) for use as part of a non-combustible aerosol provision system comprising at least one aerosol outlet (see arrow of figure 5A); and at least one airflow channel (90), wherein the at least one aerosol outlet is arranged in fluid communication with the at least one airflow channel (see figure 5A), and wherein the at least one airflow channel has a longitudinal section (section near 86 and section near air inlet) and a lateral section (section near 84) connected together via a joint section (see lower right corner of airflow channel 90), wherein the joint section has a curved outer wall (see figure 5A), wherein the article comprises a further joint section (see lower left corner of airflow channel 90) connecting the longitudinal section of the airflow channel with the at least one aerosol outlet of the article, wherein the further joint section also has a curved outer wall (see figure 5A). Figure 2C shows the at least one outlet has the form of at least one slot (46).
Wensley teaches an article for use as part of a non-combustible aerosol provision system, wherein the article comprises at least one aerosol outlet (52); and at least one airflow channel (88), wherein the at least one aerosol outlet is arranged in fluid communication with the at least one airflow channel (see figure 6), and wherein the at least one airflow channel has a longitudinal section and a lateral section (see figure 6) connected together via a joint section, wherein the joint section has a curved outer wall (88 in figures). Wensley teaches that the heating assembly comprises slots having length of 8 mm (para. 0048), which falls into the claimed range of greater than 2mm. It would have been obvious to one of ordinary skill in the art to use a similar length in the outlet slots of Zinovik because Wensley teaches that this size is suitable for airflow through an aerosol provision system (para. 0048).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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