CTNF 18/569,836 CTNF 85496 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "Transfer element" in claims 1, 3, 6, and 7. "Element" is a nonce word, the limitation is coupled to functional language ("configured to transfer an aerosol forming substrate to at least one of the ultrasonic vibrator or the surface acoustic wave vibrator"), and does not recite sufficient structure to perform the function. The preceding term "transfer" recites functional language. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1, 4-6, 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN 108420116, with English machine translation) in view of Lee (KR 20210150934, with English machine translation) . Regarding claim 1, Yao discloses an aerosol generating module (see Figs. 1, 2) comprising: an ultrasonic vibrator configured to generate an ultrasonic wave (see ultrasonic transducer 5); a surface acoustic wave vibrator configured to generate a surface acoustic wave (see electro-vibrating diagram 6). See [0088]. As to a transfer element configured to transfer an aerosol forming substrate to at least one of the ultrasonic vibrator or the surface acoustic wave vibrator, Yao discloses the vibration wave from the transducer 5 breaks up e-liquid in the e-liquid chamber 7 into first e-liquid particles to form a liquid column ([0088]) but does not appear to expressly disclose a transfer mechanism to transfer the substrate to the ultrasonic vibrator. In the same field of endeavor of aerosol generation via ultrasonic vibration, Lee discloses an atomizer having a liquid delivery means 24 that absorbs aerosol-generating material from a liquid reservoir to the vibrator and maintains it in an optimal state for conversion into an aerosol ([0061;0066]). Lee describes the means as a wick, porous ceramic, or fiber ([0066]) which is encompassed by the instant specification's disclosure of the transfer element ([0098]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the aerosol generator of Yao with a transfer element as claimed in view of Lee's disclosure of providing a liquid delivery means 24 to transfer e-liquid from a liquid reservoir to a vibrator and maintain it in an optimal state for conversion into an aerosol ([0061,0066]). Regarding claim 4, Yao does not expressly disclose the temperature of the aerosol generating module increases due to vibration; however, Examiner takes Official Notice that the module would inherently generate at least some degree of heat when the ultrasonic transducer 5 and electric vibration diaphragm 6 convert electric energy into vibration operation. Regarding claim 5, Yao discloses the ultrasonic vibrator comprises a piezoelectric body ([0089]) and the electric-vibration diaphragm comprises a piezoelectric sheet and transducer ([0040,0090]). Regarding claim 6, Yao discloses an aerosol generating device comprising and an aerosol generating module disposed adjacent to the cartridge comprising: an ultrasonic vibrator configured to generate an ultrasonic wave and a surface acoustic wave vibrator configured to generate a surface acoustic wave (see ultrasonic transducer 5, electric-vibrating diaphragm 6; Figs. 1-2). Yao does not expressly disclose a housing; a cartridge disposed inside the housing and configured to store an aerosol forming substrate; and a transfer element comprising the aerosol forming substrate. In the same field of endeavor of aerosol generation via ultrasonic vibration, Lee discloses an atomizer having housing and cartridge for e-liquid (see Fig. 2 with cartridge 20) and a liquid delivery means 24 that absorbs aerosol-generating material from a liquid reservoir to the vibrator and maintains it in an optimal state for conversion into an aerosol ([0061;0066]). Lee describes the means as a wick, porous ceramic, or fiber ([0066]) which is encompassed by the instant specification's disclosure of the transfer element ([0098]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the aerosol generator of Yao with a housing, cartridge, and a transfer element as claimed in view of Lee's disclosure of providing an atomizer with a housing, cartridge, and liquid delivery means 24 to transfer e-liquid from a liquid reservoir to a vibrator and maintain it in an optimal state for conversion into an aerosol ([0061,0066]). One would have been motivated to provide a housing to contain the components therein and a cartridge/reservoir to supply e-liquid to the aerosol generator (allows for multiple uses/refills). Regarding claim 9, Yao discloses the ultrasonic vibrator comprises a piezoelectric body ([0089]) and the electric-vibration diaphragm comprises a piezoelectric sheet and transducer ([0040,0090]). Regarding claims 10 and 11, Lee discloses the cartridge comprises first and second end walls and outer/inner circumferential walls connecting the end walls (see Fig. 2; [0059]). The walls form a liquid storage space (see unit 22) and an airflow path inside the inner circumferential wall (see aerosol discharge path 25/airflow passage 26)[0074]). Regarding claims 12 and 13, Yao discloses a controller configured to control the ultrasonic vibrator 5 and electric vibrating diaphragm 6 (control chip 1 controls frequencies, [0081-0084]). Yao discloses the controller is configured to control the ultrasonic vibrator and vibrating diaphragm at different frequencies ([0098-0099,0110-0111]). Given the droplets break into first e-liquid particles and then second e-liquid particles ([0124]), the controller operates in a mode where the ultrasonic vibrator and vibrating diaphragm vibrate simultaneously with different frequencies and periods to generate an aerosol . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2, 3, 7, and 8 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record is represented by Yao (CN 108420116) and Lee (KR 20210150934). As to claim 2, Yao discloses a aerosol generating module comprising an ultrasonic vibrator and electric vibrating diaphragm but does not teach or suggest an arrangement wherein the vibrating diaphragm surrounds the ultrasonic vibrator. Rearranging the vibrators in the manner claimed in Yao would substantially alter its mode of operation and/or render it inoperable. While Lee discloses two separate ultrasonic vibrators arranged where one surrounds the other, Lee does not teach or suggest the outer vibrator as a surface acoustic wave vibrator. Further there is insufficient teaching and motivation in the prior art to substitute a surface wave vibrator for the outer ultrasonic vibrator in Lee. As to claims 3 and 7, Yao and Lee do not disclose the position of the transfer element with regards to the ultrasonic vibrator and surface acoustic wave vibrator wherein the transfer element has a portion of a first surface adjacent the ultrasonic vibrator and at least a portion of a remainder of the first surface adjacent to the surface acoustic wave vibrator . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm 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, Anna Momper can be reached at (571) 270-5788. 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. /ROBERT C DYE/Primary Examiner, Art Unit 3619 Application/Control Number: 18/569,836 Page 2 Art Unit: 3619 Application/Control Number: 18/569,836 Page 3 Art Unit: 3619 Application/Control Number: 18/569,836 Page 4 Art Unit: 3619 Application/Control Number: 18/569,836 Page 5 Art Unit: 3619 Application/Control Number: 18/569,836 Page 6 Art Unit: 3619 Application/Control Number: 18/569,836 Page 7 Art Unit: 3619