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
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) 1-3, 8-10, 15, 18-19, 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ATKINS et al. (US 2020/0022417).
Atkins teaches an aerosol cartridge comprising a liquid storage element (para. 0010) and an independent breath element that communicates the liquid storage element with atmosphere (para. 0010), the independent breath element includes an independent breath element core and at least one independent breath element through- hole axially penetrating through the independent breath element (para. 0012, 0111).
Regarding claim 2, Atkins teaches the diameter of the independent breath element through-hole is 0.3 mm to 0.6 mm (para. 0086) which overlaps with the claimed range of 0.05 mm to 1.00 mm and is circular in shape (para. 0111).
Regarding claim 3, Atkins teaches the independent breath element core is made of plastic or metal (para. 0118, 0093).
Regarding claim 8, Atkins teaches the aerosol cartridge further comprises an atomizing chamber (642), an atomizing chamber housing (660), an atomizing chamber through-hole (646) for communicating the atomizing chamber with the liquid storage element, and an atomizer (para. 0059), wherein the atomizer includes a heater and an atomizer wicking element (para. 0059).
Regarding 9, figure 6A shows the atomizer (wick 662) blocks the atomizing chamber through-hole, and contacts the liquid in the liquid storage element through the atomizing chamber through-hole.
Regarding claim 10, figure 6A shows the aerosol cartridge further comprises an atomizer relay wicking element (662) made by bonding fibers (para. 0103), the atomizer relay wicking element blocks the atomizing chamber through-hole, and contacts the liquid in the liquid storage element through the atomizing chamber through-hole.
Regarding claim 15, Atkins teaches the independent breath element communicates the liquid storage element with the atomizing chamber (para. 0115).
Regarding claim 18, Atkins teaches the aerosol cartridge further comprises an aerosol cartridge housing and a housing base provided at the bottom of the aerosol cartridge housing (see figures 6A and 7A), and the independent breath element is provided on the housing base (1344 in figure 13A).
Regarding claim 19, figures 13A and 13B shows the housing base comprises a first housing base provided at the bottommost of the aerosol cartridge housing, and a second housing base provided inside the aerosol cartridge housing and spaced apart from the first housing base, the independent breath element (1344) is provided on the second housing base.
Regarding claim 21, Atkins teaches the aerosol cartridge further comprises an aerosol channel, and the independent breath element and the aerosol channel are integrally formed (para. 0114).
Regarding claim 22, Akins teaches the aerosol cartridge further comprises an atomizer, the atomizer includes a heater and an atomizer wicking element heated by the heater (para. 0059), and the lower end surface of the independent breath element extends to near the atomizer wicking element (para. 0115).
Allowable Subject Matter
Claims 4-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 4 and 7, the prior art does not teach or suggest the independent breath element core is made by bonding fibers.
Regarding claims 5-6, the prior art does not teach or suggest the independent breath element core is made by bonding bicomponent fibers with a sheath-and-core structure.
Conclusion
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.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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