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
Claims 1-10 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.
Claim 1 recites the limitation “a wick disposed at the elongated cartridge.” It is not clear what is meant by “at the elongated cartridge”. Is the wick attached to or part of the elongated cartridge? Is the with inside of the elongated cartridge? Is the wick disposed near the elongated cartridge?
Claim 9 recites the limitation “wherein the portion of the outer wall of the elongated cartridge and the portion of the outer wall of the elongated column are inclined to decrease in a longitudinal direction of the elongated column toward an inside of the aerosol-generating device.” It is not clear what is intended by the limitation. To correspond to the discussion at the bottom of p 12 to the top of p 13 of the specification, it is suggested that claim 9 be amended to read as follows:
The aerosol-generating device according to claim 1, wherein the portion of the outer wall of the elongated cartridge and the portion of the outer wall of the elongated column are inclined such that the cross-sectional area of the insertion space gradually decreases in a longitudinal direction of the elongated column toward an inside of the aerosol-generating device.
Claims 2-8 and 10 depend from and inherit the indefiniteness of a rejected claim and are also rejected.
International Search Report
No “X” and/or “Y” reference were indicated in the International Search Report for International Application PCT/KR2022/010706, to which the instant application claims priority.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: Jeong (US 11,963,552) and Kim et al (US 2020/0345066 A1) are the nearest prior art.
Jeong discloses an aerosol-generating device 200 comprising:
an elongated cartridge 100 configured to accommodate a liquid (storage space 122a;
an elongated column 210 beside the elongated cartridge 100;
an insertion space S1 accommodating the elongated cartridge 100;
a wick 123 disposed in a lower portion of the elongated cartridge 100, wherein the wick 123 is connected to an inside of the elongated cartridge; and
a heater 121 disposed near the wick 123 and configured to apply heat to the wick (Abs., [0070]-[0072], [0109], figures 3,5 and 10-13)..
Jeong does not disclose or suggest insertion space defined by a portion of an outer wall of the elongated cartridge and a portion of an outer wall of the elongated column.
Kim et al discloses an aerosol generating system comprising an elongated cartridge configured to accommodate a liquid material, an elongated cigarette support portion (column), a cigarette insertion passage, a wick, and a liquid heater positioned near the wick (Abs. [0050], [0074], [0080], [0082]; Fig. 7). Kim et al does not disclose or suggest an insertion space that is defined by a portion of an outer wall of the elongated cartridge and a portion of an outer wall of the elongated column.
The prior art fails to disclose an aerosol generating system comprising an elongated cartridge, an elongated column and an insertion space defined by a portion of an outer wall of the elongated cartridge and a portion of an outer wall of the elongated column. The prior are further provides no motivation to modify known aerosol generating systems to obtain the aerosol generating system as claimed.
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Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS R CORDRAY whose telephone number is (571)272-8244. The examiner can normally be reached Monday-Friday 8 AM-5 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at (571) 270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DENNIS R CORDRAY/Primary Examiner, Art Unit 1748
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