DETAILED ACTION
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.
Claims 2 and 14 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.
The term “self-supporting” in claims 2 and 14 is a relative term which renders the claim indefinite. The term “self-supporting” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination "self-supporting" will mean anything that holds a shape outside of a container.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 11-12, and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180070641 A1 (hereinafter BATISTA). BATISTA was made of record on applicant's information disclosure statement filed January 18, 2024.
Regarding claim 1, BATISTA discloses an electrically heated aerosol-generating device including a storage portion for containing an aerosol forming substrate (abstract). BATISTA discloses an aerosol generating article (Fig. 2, tubular capillary wick 204) for use with an aerosol generating device (Fig. 1, aerosol-generating device 100, ¶138) having a heating chamber (¶109, See annotated Fig. 5B below), the aerosol generating article consisting of: a porous liquid storage material (Fig. 2, the material of the tubular capillary wick 204, ¶140, ¶45, ¶98, ¶112) for storing an aerosol generating liquid (¶140) and configured for insertion into the heating chamber (¶150), the porous liquid storage material including an opening (Fig. 5A, internal passageway 208, ¶152) for receiving an elongate heating element (Fig. 5B, heater assembly 300, ¶152) of an aerosol generating device.
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Regarding claim 2, BATISTA discloses the aerosol generating article of claim 1 as discussed above. BATISTA further discloses the porous liquid storage material comprises a self-supporting material. BATISTA discloses that the consumable cartridge has a storage portion that contains the aerosol-forming substrate (¶45, ¶102, ¶104, ¶107-¶108, ¶120). As shown in Fig. 2, this is self-supporting given a broadest reasonable interpretation.
Regarding claim 3, BATISTA discloses the aerosol generating article of claim 1 as discussed above. BATISTA further discloses the porous liquid storage material comprises a high retention material. BATISTA discloses that the storage portion comprises a tubular porous element in which a liquid is absorbed (¶117, ¶120). BATISTA discloses that the storage portion may comprise a tubular porous element in which liquid aerosol forming substrate is absorbed (¶117). BATISTA discloses that the capillary material consists of suitable materials such as,
sponge or foam material, ceramic- or graphite-based materials in the form of fibres or sintered powders, foamed metal or plastics materials, a fibrous material, for example made of spun or extruded fibres, such as cellulose acetate, polyester, or bonded polyolefin, polyethylene, terylene or polypropylene fibres, nylon fibres or ceramic (¶120).
These materials are considered to read upon “high retention”.
Regarding claim 4, BATISTA discloses the aerosol generating article of claim 1 as discussed above. BATISTA further discloses wherein the opening is positioned substantially centrally within a cross-section of the porous liquid storage material. This is shown in at least Fig. 2.
Regarding claim 5, BATISTA discloses an electrically heated aerosol-generating device including a storage portion for containing an aerosol forming substrate (abstract). BATISTA discloses an aerosol generating device (Fig. 1, aerosol-generating device 100, ¶138) comprising a heating chamber (¶109, See annotated Fig. 5B below) and an elongate heating element (Fig. 5B, heater assembly 300, ¶152) which projects into the heating chamber; and an aerosol generating article (Fig. 2, consumable cartridge 200, ¶138)positioned in the heating chamber, the aerosol generating article consisting of: a porous liquid storage material (Fig. 2, tubular capillary wick 204, ¶140, ¶45, ¶98, ¶112) storing an aerosol generating liquid (¶140); and an opening (Fig. 5A, internal passageway 208, ¶152) in which the elongate heating element is positioned for heating and vaporising the stored aerosol generating liquid.
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Regarding claim 6, BATISTA discloses the aerosol generating system of claim 5 as discussed above. BATISTA further discloses wherein the elongate heating element is in thermal contact with an inner surface of the porous liquid storage material defined by the opening (Fig. 5C, ¶156). BATISTA discloses that during vaping aerosol forming substrate from the storage portion is transferred to the capillary body of the electrical heater via capillary action (¶153). BATISTA disclose direct contact between the heaters and the storage portion to transfer liquid substrate to the electric heaters (¶153).
Regarding claim 7, BATISTA discloses the aerosol generating system of claim 5 as discussed above. BATISTA further discloses wherein the elongate heating element comprises a pin heater or a blade heater. BATISTA discloses that the hollow shaft of the heater assembly has a piercing surface (Fig. 3A,¶141). The piercing surface 308 has a sharp tip (¶161). This is considered to read upon the recitation of a blade heater.
Regarding claim 11, BATISTA discloses the aerosol generating system of claim 5 as discussed above. BATISTA further discloses wherein the heating element comprises a resistance heating element (¶156).
Regarding claim 12, BATISTA discloses the aerosol generating system of claim 5 as discussed above. BATISTA further discloses the heating element comprises an inductively heatable susceptor (¶97) and the aerosol generating device further comprises an induction heating arrangement (¶97) for generating an alternating electromagnetic field for penetrating the inductively heatable susceptor to thereby inductively heat the inductively heatable susceptor (¶96-¶97).
Regarding claim 14, BATISTA discloses the aerosol generating system of claim 5 as discussed above. BATISTA further discloses the porous liquid storage material comprises a self-supporting material. BATISTA discloses that the consumable cartridge has a storage portion that contains the aerosol-forming substrate (¶45, ¶102, ¶104, ¶107-¶108, ¶120). As shown in Fig. 2, this is self-supporting given a broadest reasonable interpretation.
Regarding claim 15, BATISTA discloses the aerosol generating system of claim 5 as discussed above. BATISTA further discloses the porous liquid storage material comprises a high retention material. BATISTA discloses that the storage portion comprises a tubular porous element in which a liquid is absorbed (¶117, ¶120). This is considered to read upon “high retention”.
Regarding claim 16, BATISTA discloses the aerosol generating system of claim 5 as discussed above. BATISTA further discloses the porous liquid storage material comprises a porous ceramic material (¶98).
Regarding claim 17, BATISTA discloses the aerosol generating system of claim 5 as discussed above. BATISTA further discloses the opening is positioned substantially centrally within a cross-section of the porous liquid storage material. This is shown in at least Fig. 2.
Regarding claim 18, BATISTA discloses the aerosol generating article of claim 1 as discussed above. BATISTA further discloses the porous liquid storage material comprises a porous ceramic material (¶98).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over BATISTA as applied to claims 1-7, 11-12, and 14-18 above, and further in view of US 20220361576 A1 (hereinafter AN).
Regarding claim 8, BATISTA discloses the aerosol generating system of claim 5 as discussed above. BATISTA does not disclose the aerosol generating device comprises a further heating element which surrounds the porous liquid storage material.
AN teaches a heater assembly for generating heat (abstract). AN teaches that the heater assembly is for use in an aerosol generating device and capable of preventing leakage of aerosol (¶1). AN teaches a cigarette as an aerosol generating article containing aerosol generating material (Fig. 2, cigarette 200, ¶40, reads on a porous liquid storage material) AN teaches a heating body (Fig. 6, heating body 130, ¶40). AN teaches another heating element (Fig. 9, coil 170, ¶105). AN teaches that the heating body and the coil are able to heat through magnetic fields that are controlled by the alternating field and therefore control the temperature (¶113-¶114). AN further teaches that the liquid delivery element may be a wick formed of porous ceramic (¶58). AN teaches that this configuration is capable of preventing leaking (¶118).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified BATISTA to provide the aerosol generating device comprises a further heating element which surrounds the porous liquid storage material as taught in AN. A person of ordinary skill in the art would obviously provide a second heating element that surrounds the porous liquid storage material. This type of heating would enable a controlled temperature profile (AN ¶113-¶114) and prevent leaking (AN ¶118).
Regarding claim 9, modified BATISTA discloses the aerosol generating system of claim 8 as discussed above. BATISTA does not disclose the further heating element is mounted on a side wall of the heating chamber or defined by the side wall of the heating chamber.
AN teaches a heater assembly for generating heat (abstract). AN teaches that the heater assembly is for use in an aerosol generating device and capable of preventing leakage of aerosol (¶1). AN teaches a heating body (Fig. 6, heating body 130, ¶40). AN teaches another heating element (Fig. 9, coil 170, ¶105). As shown in Fig. 9, this heating element is defined by the side wall of the heating chamber. AN teaches that the heating body and the coil are able to heat through magnetic fields that are controlled by the alternating field and therefore control the temperature (¶113-¶114). AN further teaches that the liquid delivery element may be a wick formed of porous ceramic (¶58). AN teaches that this configuration is capable of preventing leaking (¶118).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified BATISTA to provide the further heating element is mounted on a side wall of the heating chamber or defined by the side wall of the heating chamber as taught in AN. A person of ordinary skill in the art would obviously locate the coil heating element in the wall of the heating chamber. This type of heating would enable a controlled temperature profile (AN ¶113-¶114) and prevent leaking (AN ¶118).
Regarding claim 10, modified BATISTA discloses the aerosol generating system of claim 8 as discussed above. BATISTA does not disclose the further heating element is in thermal contact with an outer surface of the porous liquid storage material.
AN teaches a heater assembly for generating heat (abstract). AN teaches that the heater assembly is for use in an aerosol generating device and capable of preventing leakage of aerosol (¶1). AN teaches a heating body (Fig. 6, heating body 130, ¶40). AN teaches another heating element (Fig. 9, coil 170, ¶105). As shown in Fig. 9, this heating element is defined by the side wall of the heating chamber. AN teaches that the heating body and the coil are able to heat through magnetic fields that are controlled by the alternating field and therefore control the temperature (¶113-¶114). AN further teaches that the liquid delivery element may be a wick formed of porous ceramic (¶58). AN teaches that this configuration is capable of preventing leaking (¶118).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified BATISTA to provide the further heating element is in thermal contact with an outer surface of the porous liquid storage material as taught in AN. A person of ordinary skill in the art would immediately recognize that the coil heater is in thermal contact with the outer surface of the liquid storage material when in use. Thermal contact in the form of convective heat transfer is present when the device is in use. This type of heating would enable a controlled temperature profile (AN ¶113-¶114) and prevent leaking (AN ¶118).
Regarding claim 13, modified BATISTA discloses the aerosol generating system of claim 12 as discussed above. BATISTA does not disclose the induction heating arrangement comprises an induction coil extending around the heating chamber.
AN teaches a heater assembly for generating heat (abstract). AN teaches that the heater assembly is for use in an aerosol generating device and capable of preventing leakage of aerosol (¶1). AN teaches a heating body (Fig. 6, heating body 130, ¶40). AN teaches another heating element (Fig. 9, coil 170, ¶105). AN teaches that the heating body and the coil are able to heat through magnetic fields that are controlled by the alternating field and therefore control the temperature (¶113-¶114). AN further teaches that the liquid delivery element may be a wick formed of porous ceramic (¶58). AN teaches that this configuration is capable of preventing leaking (¶118).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified BATISTA to provide the induction heating arrangement comprises an induction coil extending around the heating chamber as taught in AN. A person of ordinary skill in the art would obviously provide an induction heating coil that surrounds the heating chamber. This type of heating would enable a controlled temperature profile (AN ¶113-¶114) and prevent leaking (AN ¶118).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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