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 .
Election/Restrictions
Applicant's election with traverse of group I, claims 1 and 4-12 in the reply filed on 7/6/2026 is acknowledged. The traversal is on the ground(s) that the claims have been amended to include a feature that is not found in the prior art. This is found persuasive, and claims 13-17 are fully examined for patentability.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "31" and "32" have both been used to designate the same portion a U shaped element since they use the same line (figure 1A). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "31" and "34" have both been used to designate the same portion a U shaped element since they use the same line (figure 1A). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because figures 2, 3A, and 3B have shaded areas that are not uniformly thick and well defined and are not black as required by 37 CFR 1.84(l). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "31," “31A,” and "34" have both been used to designate the same portion a cylindrical element since they use the same line (figure 2). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "31," “31B,” and "34" have both been used to designate the same portion a cylindrical element since they use the same line (figure 2). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "31" and "32" have both been used to designate the same portion a U shaped element since they use the same line (figure 3B). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "31" and "34" have both been used to designate the same portion a U shaped element since they use the same line (figure 3B). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The use of the term Drambuie (page 4, line 33), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claim 4-12 are objected to because of the following informalities: The claims begin with the indefinite article “A” rather than the definite article “The.” Appropriate correction is required.
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 1 and 4-17 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.
Regarding claim 1, the claim recites the limitations “wherein the aerosol provision system is moveable between a first configuration in which at least a portion of the aerosolizable material transport element is uncompressed or partly compressed, and a second configuration in which the portion of the aerosolizable material transport element is compressed by a greater amount than in the first configuration” and “wherein the portion of the aerosol material transport element is configured to rotate between the first configuration and the second configuration.” It is unclear whether these limitations require the entire aerosol provision system to transition between the first and second configurations, or whether it only requires movement of the aerosolizable material transport element. The claim is therefore indefinite. For the purposes of this Office action, the claim will be interpreted as if it required at least the aerosolizable material transport element to transition between the first and second configurations. Claims 1 and 4-12 are indefinite by dependence.
Regarding claim 5, claim 1 already requires the transition between the first and second configurations to occur when the aerosolizable material transport element transitions between the first and second configurations. It is therefore unclear whether the requirement of the instant claim that het fluid outlet tube is configured to rotate between the first configuration and the second configuration is in conflict with claim 1. If only the fluid outlet tube rotates, does the transition between the first and second configurations occur? Is the fluid outlet tube capable of moving independently of the aerosolizable material transport element? The claim is therefore indefinite. For the purposes of this Office action, the limitation will be interpreted as if it required the fluid outlet tube to rotate in conjunction with the aerosolizable material transport element.
Regarding claim 13, the claim recites the limitations “wherein the aerosol provision system is moveable between a first configuration in which at least a portion of the aerosolizable material transport element is uncompressed or partly compressed, and a second configuration in which the portion of the aerosolizable material transport element is compressed by a greater amount than in the first configuration” and “wherein the portion of the aerosol material transport element is configured to rotate between the first configuration and the second configuration.” It is unclear whether these limitations require the entire aerosol provision system to transition between the first and second configurations, or whether it only requires movement of the aerosolizable material transport element. The claim is therefore indefinite. For the purposes of this Office action, the claim will be interpreted as if it required at least the aerosolizable material transport element to transition between the first and second configurations.
Regarding claim 14, the claim recites the limitations “wherein the aerosol provision system is moveable between a first configuration in which at least a portion of the aerosolizable material transport element is uncompressed or partly compressed, and a second configuration in which the portion of the aerosolizable material transport element is compressed by a greater amount than in the first configuration” and “wherein the portion of the aerosol material transport element is configured to rotate between the first configuration and the second configuration.” It is unclear whether these limitations require the entire aerosol provision system to transition between the first and second configurations, or whether it only requires movement of the aerosolizable material transport element. The claim is therefore indefinite. For the purposes of this Office action, the claim will be interpreted as if it required at least the aerosolizable material transport element to transition between the first and second configurations. Claims 15-17 are indefinite by dependence.
Regarding claim 16, claim 14 already requires the transition between the first and second configurations to occur when the aerosolizable material transport element transitions between the first and second configurations. It is therefore unclear whether the requirement of the instant claim that het fluid outlet tube is configured to rotate between the first configuration and the second configuration is in conflict with claim 14. If only the fluid outlet tube rotates, does the transition between the first and second configurations occur? Is the fluid outlet tube capable of moving independently of the aerosolizable material transport element? The claim is therefore indefinite. For the purposes of this Office action, the limitation will be interpreted as if it required the fluid outlet tube to rotate in conjunction with the aerosolizable material transport element.
Regarding claim 17, claim 14 already requires the transition between the first and second configurations to occur when the aerosolizable material transport element transitions between the first and second configurations. It is therefore unclear whether the requirement of the instant claim that het fluid outlet tube is configured to rotate between the first configuration and the second configuration is in conflict with claim 14. If only the fluid outlet tube rotates, does the transition between the first and second configurations occur? Is the fluid outlet tube capable of moving independently of the aerosolizable material transport element? The claim is therefore indefinite. For the purposes of this Office action, the limitation will be interpreted as if it required the fluid outlet tube to rotate in conjunction with the aerosolizable material transport element.
Allowable Subject Matter
Claims 1 and 13-14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Claims 4-12 and 15-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Bostock (CA 3085387) teaches a fluid supply system for an electronic cigarette (abstract) having a fluid transfer element (figure 8b, reference numeral 15) that passes through a valve (figure 8b, reference numeral 10) having a first body (figure 8b, reference numeral 12) and an abutment (page 19, lines 4-8, figure 8b, reference numeral 26). The first body compresses the fluid transfer element to restrict fluid flow therethrough in a first position, and the first body is released in a second position to increase liquid flow (page 19, lines 10-16). However, Bostock does not teach or suggest the portion of aerosol material transport element being configured to rotate between the first configuration and the second configuration.
Thorens (US 10,342,260) teaches an aerosol generating device (abstract) in which a reservoir and a release medium are arranged to transport liquid to a heater. The heater is moved in and out of physical contact with the release medium to create a gap between the heater and the release medium, and the heater is only activated when the gap is formed (column 2, lines 50-63). The release medium is a wick (column 5, lines 5-54) having one end that is rotated around a button to elongate and stretch it so that contact is lost between the wick and the coiled wire of the heater (column 10, lines 55-67, column 11, lines 1-2, figure 4, reference numeral 12). However, Thorens does not teach or suggest compressing a portion of the wick such that aerosol generation is suppressed when the wick is compressed.
Cole (US 11,907,074) teaches an inhalant delivery apparatus (abstract) in which a mouthpiece/wick device is rotated so that it moved in and out of alignment so that connections to liquid supply tube are either opened or closed (column 7, lines 59-67, column 8, lines 1-18). However, Cole does not teach or suggest rotating compressing the wick.
The prior art does not teach or suggest an aerosol provision system that is configured to move between a first configuration in which at least a portion of an aerosolizable material transport element is uncompressed or partly compressed, and a second configuration in which the portion of the aerosolizable material transport element is compressed by a greater amount than in the first configuration for restricting the formation of vaporized aerosolizable material from the aerosolizable material transport element in the second configuration wherein the portion of the aerosolizable material transport element is configured to rotate between the first configuration and the second configuration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUSSELL E SPARKS whose telephone number is (571)270-1426. The examiner can normally be reached Monday-Friday, 9:00 am-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUSSELL E SPARKS/ Primary Examiner, Art Unit 1755
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