Final Rejection
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 § 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.
Claim(s) 1-5, 7, 8, and 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2016/096912 to Thorens et al. (hereinafter Thorens).
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With respect to claims 1 and 16-18, Thorens teaches an aerosol provision system/cartridge 10 and method comprising an aerosolizable material transport element 14 for receiving aerosolizable material to be vaporized, wherein the aerosol provision system further comprises a rotatable component 12 for securing a first portion of the aerosolizable material transport element 14, wherein the rotatable component 12 is configured to move between a first configuration (Figure 3) of the aerosol provision system and a second configuration (Figure 4) of the aerosol provision system, wherein the rotatable component 12 in the second configuration is configured for restricting the formation of vaporized aerosolizable material from the aerosolizable material transport element. Thorens specifically discloses “a first configuration in which the release medium and the heater are in contact with each other and a second configuration in which there is a gap between the heater and the release medium” such that vaporization will not occur due to the gap between heater and release medium in the second configuration. See page 2, lines 15-23 and page 3, lines 6-8.
Thorens does not describe how the material transport element (wick) 14 is held by the rotatable component 12 during rotation thereof. Thorens does teach that the opposite end of the wick is held by a clamp 11. See page 12, lines 26-27. It would have been obvious to provide a clamping means in the rotatable component 12 of Thorens to secure the wick to the rotatable component 12 as being a means already taught by Thorens to be capable of securing a wick. Any such means would have held/accommodated the wick within a recess created between the clamp and the component, between two parts of a clamp, or within the rotatable component itself.
As to claim 2, the aerosolizable material transport element 14 comprises a second portion which is configured to be uncompressed or partly compressed in the first
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configuration (shown as a portion of element 14 adjacent member 19), wherein the second portion of the aerosolizable material transport element is configured to be compressed in the second configuration by a greater amount than in the first configuration. As shown in annotated Figure 4, the fibers of the element 14 are disclosed by Thornes to decrease in diameter as a result of the element being stretched. See page 10, lines 7-27. Thus, the second portion of the element 14 is compressed inasmuch as it is stretched/contracted into a shape which has less volume.
With respect to claim 3, Thorens teaches a structure 19 which is configured to be separated from the second portion of element 14 in the first configuration shown in Figure 3, and which is configured to abut and compress the second portion in the second configuration shown in Figure 4.
As to claim 4, Thorens discloses apparatus comprises a housing (casing). See page 3, lines 17-19.
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With respect to claim 5, the second portion of the transport element 14 comprises a first end portion, and a second end portion opposite the first end portion. See annotated Figure 4 below.
As to claim 7, the transport element 14 is configured to move between the first configuration and the second configuration, as illustrated in Figures 3 and 4. The transport element is wound and stretched in the second configuration of Figure 4, moving away from the heater 16.
With respect to claim 8, Thorens discloses that the element 14 is reversibly wound around rotatable component 12. See page 10, lines 7-27.
As to claims 14 and 15, the rotatable component 12 is configured to move in response to a signal from a controller and/or a user interface. See page 5, lines 4-15 and 22-27.
Claim(s) 1, 2, 5, 6-8, and 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0245685 to Bostock et al. (hereinafter Bostock).
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With respect to claims 1 and 16-18, Bostock teaches an aerosol provision system 4 /cartridge 3 and method comprising an aerosolizable material transport element 42 for receiving aerosolizable material to be vaporized from liquid store 8, wherein the aerosol provision system further comprises a rotatable component 12 comprising a recess 161,162 for accommodating a first portion of the aerosolizable material transport element 42, wherein the rotatable component is configured to move between a first configuration of the aerosol provision system and a second configuration of the aerosol provision system (para [0134]), wherein the rotatable component in the second configuration is configured for restricting the formation of vaporized aerosolizable material from the aerosolizable material transport element. Bostock specifically teaches that when the rotatable component 12 is rotated, the conduit/element 42 is “compressed in-between the engagement surface 160 and the first body 12 such that the liquid flow through the fluid supply conduit 42 is restricted or closed.”
As to claims 2 and 5, the material transport element 42 comprises a second portion (between engagement surface 160 and rotatable component 12) which is configured to be uncompressed in the first configuration and compressed in the second configuration. See para [0134]. The second portion of the material transport element 42 comprises a first end portion at 163 and a second end portion at 164 opposite the first end portion.
With respect to claim 6, the first portion at 161,162 is between the first end portion 163 and the second end portion 164.
As to claims 7 and 8, Bostock teaches that rotatable component 12 moves while holding material transport element 42.
With respect to claims 14 and 15, Bostock discloses that a “control unit 62 is configured to control the operation of the device based on manual user input or automatic input from one of several sensors 64.” See para [0076].
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.
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable US 2020/0245685 to Bostock et al. (hereinafter Bostock).
As to claims 9 and 10, Bostock discloses that the heating element 13 can be located in a center portion of the rotating component 12 with a wick 15. See para [0136]. Further, Bostock teaches “the wick can also be provided with an extension in the form of a compressible fluid conduit 42” (para [0139]). In such an embodiment, it would have been obvious to extend the fluid outlet tube from the rotating component for efficient dispensing of the vapor.
With respect to claims 11 and 12, the recess 161,162 is defined by a fluid tube. Furthermore, the recess 162 is located at a first end of the fluid tube.
As to claim 13, the fluid tube extends to surface 160 where it continues through heating element 13 to the mouthpiece.
Response to Arguments
Applicant's arguments filed 3 August 2026 have been fully considered but they are not persuasive.
With respect to Thorens, Applicant argues that Thorens does not disclose “a rotatable component comprising a recess for accommodating a first portion of the aerosolizable material transport element.” Applicant notes that while Thorens teaches a clamp for fixing the transport element, there is no teaching that the clamp “necessarily comprises a recess.”
A ”clamp” is understood in the art to require two interacting surfaces to fix an article(s) therebetween so as to prevent movement thereof. As set forth in the prior office action, the Examiner maintains the position that at least a clamp means for holding or accommodating the wick within the rotatable component 12 itself (i.e. within a recess of the rotatable component) renders obvious the claim limitation of “a rotatable component comprising a recess for accommodating a first portion of the aerosolizable material transport element.” See page 3 of the 7 May 2026 Office Action. Applicant has not provided any argument why accommodation of the wick within the rotatable element of Thorens would not have been obvious to one of ordinary skill in the art.
As to Bostock, Applicant argues that the reference fails to teach a rotatable component comprising a recess for accommodating a first portion of the aerosolizable material transport element wherein the rotatable component in the second configuration is configured for restricting the formation of vaporized aerosolizable material from the material transport element. Applicant alleges that because surface apertures 163,164 restrict fluid flowing through conduit 42, they cannot restrict formation of vaporized aerosolizable material which occurs from the fluid transfer element 15.
However, Bostock teaches “the fluid transfer element 15 and the compressible fluid conduit 42 perform the same function, i.e. to transfer vaporizing liquid to a heating element 13. The idea of compressing a fluid transfer element 15 or a fluid conduit 42 such that the flow of vaporizing liquid can be controlled encompasses all the embodiments illustrated in FIGS…11” and “the wick can also be provided with an extension in the form of a compressible fluid conduit 42 as illustrated in FIGS…11. Hence, the fluid transfer element 16 [sic] can be in the form of a wick or in the form of a compressible fluid conduit 42 and should be interpreted interchangeable in the claims.” See paras [0138-0139]. This aspect of the invention was discussed in the prior office action, particularly as it applied to claims 9 and 10. Thus, as set forth in the previous Office Action (page 8), the compressible fluid conduit 42 can be an extension of the wick 15 and as a result, the formation of vaporized aerosolizable material is restricted “from the material transport element” by restricting flow of aerosolizable material through conduit 42.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH L MCKANE whose telephone number is (571)272-1275. The examiner can normally be reached Mon-Thu 6:30a-4:30p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patricia Engle can be reached at 571-272-6660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH L MCKANE/Primary Examiner/Reexamination Specialist, Art Unit 3991
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