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 .
Response for Election/Restrictions
Applicant's election without traverse of Group I (claims 1-4 and 9-17) in the reply filed on 08/04/2026 is acknowledged. Non-elected Group II (claims 5-6 and 21-23) and Group III (claims 7-8 and 24-26) withdrawn from consideration. The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/27/2023, 05/05/2025, and 09/05/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because it should avoid using phases which can be implied, such as, “This disclosure concerns”, “The disclosure defined by this invention”, “This disclosure describes”, “is disclosed”, “are disclosed”, “the invention relates to” etc. Correction is required. See MPEP 608.01 (b).
In this case, the present abstract filed on 11/27/2023, contains the term “is disclosed” that should avoid of using.
Claim Objections
Claims 2-4, 9-11 and 12-17 are objected to because of the following informalities:
In claims 2-4 and 9-11: the limitation “An aerosol provision device” as cited in line 1, should be changed to --The aerosol provision device--.
In claim 2: “the aerosolization of an aerosol” as cited in line 3, should be changed to --an aerosolization of the aerosol--;
In claim 3: “the aerosolization of an aerosol” as cited in lines 3-4, should be changed to --an aerosolization of the aerosol--;
In claim 4:
“(i)”, “(ii)”, “(iii)”, and “(iv)” should be removed.
Limitation “control circuity” as cited in line 4, should be changed to --a control circuitry--.
In claim 12: the limitation “an aerosol provision device” as cited in line 2, should be changed to --the aerosol provision device--.
In claim 13:
The limitation “An aerosol provision system” as cited in line 1, should be changed to --The aerosol provision system--.
“(i)” and “(ii)” should be removed.
The terms “substantially” should be removed.
In claims 14-17: the limitation “An aerosol provision system” as cited in line 1, should be changed to --The aerosol provision device--.
Appropriate correction is required.
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 1-4 and 9-17 are rejected under 35 U.S.C. 102(a1) as being anticipated by Mayle et al. (US 20180280637 A1).
Regarding claim 1, Mayle discloses
An aerosol provision device (vaporizing device 10, fig.1) comprising a mouthpiece (mouthpiece 14, fig.1) having one or more variable chokes, one or more variable air inlet members or one or more valve members (flow restrictor 20, fig.1) [Par.0038 cited: “…flow restrictor 20 may include a one-way flow valve, such as a ball check valve (e.g., a spring-loaded ball check), a diaphragm check valve, a swing check valve, a stop-check valve, a lift-check valve, an in-line check valve, a duckbill valve, or the like…”].
PNG
media_image1.png
283
550
media_image1.png
Greyscale
Regarding claim 2, Mayle discloses
the one or more variable chokes, one or more variable air inlet members or one or more valve members (flow restrictor 20, fig.1) are arranged to vary a flow of air into the mouthpiece (mouthpiece 14, fig.1) so as to vary the aerosolisation of the aerosol (vaporizing device 10, fig.1) or the air to aerosol ratio of a mixture of air and aerosol passing to the mouthpiece (mouthpiece 14) [Par.0038 cited: “…flow restrictor 20 may include a one-way flow valve, such as a ball check valve (e.g., a spring-loaded ball check), a diaphragm check valve, a swing check valve, a stop-check valve, a lift-check valve, an in-line check valve, a duckbill valve, or the like…”].
Regarding claim 3, Mayle discloses
the one or more variable chokes, one or more variable air inlet members or one or more valve members (flow restrictor 20, fig.1) are arranged to vary a flow of aerosol away from the mouthpiece (mouthpiece 14, fig.1) so as to vary the aerosolisation of an aerosol (vaporizing device 10, fig.1) or the air to aerosol ratio of a mixture of air and aerosol passing to the mouthpiece (mouthpiece 14) [Par.0038 cited: “…flow restrictor 20 may include a one-way flow valve, such as a ball check valve (e.g., a spring-loaded ball check), a diaphragm check valve, a swing check valve, a stop-check valve, a lift-check valve, an in-line check valve, a duckbill valve, or the like…”].
Regarding claim 4, Mayle discloses
a control circuitry (controller 28, fig.1), wherein the control circuitry (controller 28) is arranged to selectively control the one or more variable chokes, one or more variable air inlet members or one or more valve members (flow restrictor 20, fig.1): in response to activation or deactivation of one or more heating elements; as a function of time; according to a predetermined timing profile; or according to one or more user determined settings [Par.0038 cited “…flow restrictor 20 may include a pressure sensor that opens the valve when suction pressure at the mouthpiece 14 is detected…”].
Regarding claim 9, Mayle discloses
a chamber (cartridge 22, fig.1) for receiving an aerosol generating article [Par.0040 cited: “…compartments of the cartridge 22 fill with vapor…”].
Regarding claim 10, Mayle discloses
the aerosol provision device (vaporizing device 10, fig.1) further comprises one or more heating elements (heater 78, fig.9).
Regarding claim 11, Mayle discloses
one or more aerosol generating regions (air in cartridge 22, fig.1) and wherein one or more or each aerosol generating region (air in cartridge 22) comprises at least one air supply hole (cartridge 22, fig.1, inherently has opening) in fluid communication with an external atmosphere.
Regarding claim 12, Mayle discloses
an aerosol provision system (vaporizing device 10, fig.1) comprising: an aerosol provision device (vaporizing device 10, fig.1); and an aerosol generating article (vapor, Par.0040) comprising portions of aerosol generating material (intended use).
Regarding claim 13, Mayle discloses
each portion of aerosol generating material (intended use) is substantially the same; or at least some of the portions of aerosol generating material (intended use) are substantially different.
Regarding claim 14, Mayle discloses
the aerosol generating article (vapor, Par.0040) comprises a substantially planar aerosol generating article (intended use).
Regarding claim 15, Mayle discloses
the planar aerosol generating article (vapor, Par.0040) comprises a plurality of aerosol generating regions (vapor, Par.0040).
Regarding claim 16, Mayle discloses
the aerosol generating article (vapor, Par.0040) is located, in use, adjacent a plurality of heating elements (heater 78, fig.9) [Par.0039 cited: “…housing 24 at least partially forms an annulus or void space around the cartridge 22 that enables vapor generated via heating of the API within the cartridge 22 to fill the housing 24 for later inhalation by a user…”].
Regarding claim 17, Mayle discloses
the aerosol generating article (vapor, Par.0040) is located, in use, so that one or more aerosol generating regions (air regions in the cartridge 22, fig.1) are located adjacent a heating element (heater 78, fig.9) [Par.0039 cited: “…housing 24 at least partially forms an annulus or void space around the cartridge 22 that enables vapor generated via heating of the API within the cartridge 22 to fill the housing 24 for later inhalation by a user…”], wherein the aerosol generating article is rotated or moved relative (vapor, Par.0040, can move or rotate) to the heating element (heater 78) so that one or more aerosol generating regions (air regions in the cartridge 22) are moved into proximity to the heating element (heater 78).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Novak (US 20200154788 A1) is considered as a relevant prior art in field of an aerosol, as shown in fig.2, with a mouthpiece, but does not explicitly disclose an air inlet…
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. 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.
/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
08/23/2026
Prosecution Insights