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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 90— [0058], 95— [0058], and 1180— [0094]. 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)(5) because they include the following reference character(s) not mentioned in the description: 1342—shown in FIG. 13B, and 1799—shown in FIG. 17A. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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 of the following informalities:
Reference character 140 in FIG. 4, should read 410 to designate the wick
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.
Specification
The disclosure is objected to because of the following informalities:
[0015] contains the following typos: ‘properties throughout handling during manufacturing’, and should read, ‘properties throughout handling, during manufacturing’; ‘product usage. Various example’, and should read ‘product usage.
[0059] contains the following typo: ‘heating assembly 1030’, and should read, ‘heating assembly 130’
[0064] contains the following typos: ‘the wick 4100’ and ‘the wick 90’, but should read, ‘the wick 410’
[0070] contains the following typo: ‘heating element 623’ and should read, ‘heating element 620’
[0076] contains the following typo: ‘integral ends 977’ and should read, ‘integral ends 970’
[0084] contains the following typo: ‘heater assembly cover 1140’ and should read, ‘heater assembly cover 1040’
[0085] and [0089] contain the following typo: ‘heater assembly holder 1170’ and should read, ‘heater assembly holder 1070’
[0088] contains the following typo: ‘two-piece rigid airway tube 1190’ and should read, two-piece rigid airway tube 1390’
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-5, 9, 11, 12 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LEWIS (WO2014144678A2).
Regarding claim 1, LEWIS teaches; An e-vaping device (FIG. 1A, 100A—‘electronic smoking device’—[0030]) comprising: a heating base coupled to provide power for the e-vaping device (FIG. 1A, 116—'sealed cylindrical battery’, 118—‘flex circuit’, 122—‘contact pin (2x)’ and 124—‘wire (2x)’); a flexible seal (FIG. 1C, 132, and [0036]—“Plug 132 may be implemented from a relatively soft or pliable elastomer polymer…”); a two-piece rigid airway tube coupled to the heating base by the flexible seal (FIG. 1C, 130—‘multi-piece flue assembly’ coupled to 122 and 124 by 132), the two-piece rigid airway tube forming an airpath providing an inhalable dispersion (FIG. 1D, 148—‘orifice and/or central through hole’ of 130, “…to allow active compound vapor (e.g., produced by heating filament 126) to pass through…”— paragraph [0047],); and a heating assembly housed within the two-piece rigid airway tube (FIG. 1A, 126—'heating filament’); and including a wick (FIG. 1A, 128—‘wicking fibers’) in fluid communication with a tank holding a pre-vapor formulation (see Modified Portion of FIG. 2B below), and a heating element configured to heat the pre-vapor formulation in the wick to generate the inhalable dispersion ([0038]—“…wicking fibers 128…may be press fit within heating filament 126 and configured to wick active compound into heating filament 126…”).
Modified Portion of FIG. 2B
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Regarding claim 2, LEWIS as shown above, teaches all of the limitations of claim 1.
LEWIS further teaches; the two-piece rigid airway tube (FIG. 1C, 130— ‘multi-piece flue assembly’) comprises: a heating assembly cover (FIG. 1C, 136—‘outer flue’); and a heating assembly holder including a first end engaging the heating assembly cover, and a second end distal from the first end engaging the flexible seal, the first end of the heating assembly holder including a first slot aligned with the wick (FIG. 1C, 134—'inner flue’, has a first end to engage with 136 and a second end engaged with 132. The first end of 134 has a notch (135) for housing the heating filament/wicking fibers (126/128)).
Regarding claim 3, LEWIS as shown above, teaches all of the limitations of claim 2.
LEWIS further teaches; the first end of the heating assembly holder comprises: a graduated adapter formed on an outer surface of the heating assembly holder. (FIG. 2D, 232c— ‘internal riser/nipple’, and [0051]— “…first plug portion 132a may include internal riser/nipple 232c that is configured to couple to inner flue 134…”).
Regarding claim 4, LEWIS as shown above, teaches all of the limitations of claim 2.
LEWIS further teaches; the heating assembly cover (FIG. 1C, 136— ‘outer flue’) comprises: a flared mating end engaging the heating assembly holder (FIG. 1C, 134— 'inner flue’ and see Modified Portion of FIG. 1C below), the flared mating end defining a second slot, the second slot aligning with the first slot included in the heating assembly cover (see Modified Portion of FIG. 1C below).
Modified Portion of FIG. 1C
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Regarding claim 5, LEWIS as shown above, teaches all of the limitations of claim 2.
LEWIS further teaches; the heating assembly comprises: elongated conductive legs long enough to reach from a bottom of the first slot in the first end of the heating assembly holder to a bottom of the flexible seal (FIG. 1D, 124— ‘leads’, are long enough to reach from a bottom of the first slot (148), in the first end of the heating assembly holder (134) to a bottom of the flexible seal (132a— ‘first and second plug portions’)).
Regarding claim 9, LEWIS as shown above, teaches all of the limitations of claim 5.
LEWIS further teaches; the elongated conductive legs of the heating assembly are formed as an integral part of a heating element included in the heating assembly (FIG. 1A/1D, and [0037]—"…each of conductive pins 122 may include blind hollow portions and/or blunt portions that may be crimped to leads 124 and/or pressed against or crimped to positive and negative contact pads…”).
Regarding claim 11, LEWIS as shown above, teaches all of the limitations of claim 5.
LEWIS further teaches; the flexible seal defines conductor passages holding the elongated conductive legs, allowing them to pass from a top of the seal to a bottom of the seal, and sealing around the elongated conductive legs (see Modified Portion of FIG. 1D below).
Modified Portion of FIG. 1D
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Regarding claim 12, LEWIS as shown above, teaches all of the limitations of claim 1.
LEWIS further teaches; the flexible seal defines an air passage allowing air to flow through the air passage and into the airpath provided by the two-piece rigid airway tube (see Modified Portion of FIG. 1D above).
Regarding claim 15, LEWIS teaches; An e-vaping device (FIG. 1A, 100A— ‘electronic smoking device’— [0030]), comprising: a two-piece rigid airway tube including a heating assembly holder and a heating assembly cover having mated ends slidingly engaged (FIG. 1C, 100C and 101C; 130—‘multi-piece flue assembly’ including an ‘inner flue’—134, and an ‘outer flue’—136 having mated ends slidingly engaged); and a heating assembly housed within the two-piece rigid airway tube, proximate to the mated ends of the two-piece rigid airway tube (FIG. 1D, 'heating filament’—126 housed within the ‘multi-piece flue assembly’—130 proximate to the mated ends).
Regarding claim 16, LEWIS as shown above, teaches all of the limitations of claim 15.
LEWIS further teaches; a cylindrical absorbent surrounding the two-piece rigid airway tube (FIG. 1C, shows a cylindrical ‘fiber matrix/wick’—138, surrounding the two-piece rigid airway tube (130)).
Regarding claim 17, LEWIS as shown above, teaches all of the limitations of claim 15.
LEWIS further teaches; the heating assembly includes a heating element and a wick; and the mating ends of the heating assembly holder and the heating assembly cover define a wick opening (FIG. 1C, 126/128— ‘heating filament’/’wicking fibers’ within 134 and a ‘notch’—135 is defined by the mating ends of 134 and 136).
Regarding claim 18, LEWIS as shown above, teaches all of the limitations of claim 17.
LEWIS further teaches; a flexible seal coupled to a bottom end of the heating assembly holder (FIG. 1C, 132, and [0036]— “Plug 132 may be implemented from a relatively soft or pliable elastomer polymer…”, which is coupled to a bottom end of 134).
Regarding claim 19, LEWIS as shown above, teaches all of the limitations of claim 18.
LEWIS further teaches; the heating element comprises: elongated conductive legs extending from the wick opening to a bottom of the flexible seal (FIG. 1D, 124— ‘leads’, extending from 130c— ‘flue inlet’, which houses 128—'wicking fibers’, to a bottom of flexible seal 132).
Regarding claim 20, LEWIS as shown above, teaches all of the limitations of claim 19.
LEWIS further teaches; the elongated conductive legs are integral to the heating element (FIG. 1A/1D, and [0037]—"…each of conductive pins 122 may include blind hollow portions and/or blunt portions that may be crimped to leads 124 and/or pressed against or crimped to positive and negative contact pads…”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 6, 8, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over LEWIS (WO2014144678A2) in view of JOHNSON (WO2021211790A1).
Regarding claim 6, LEWIS as shown above, teaches all of the limitations of claim 5.
LEWIS further teaches; a pressure sensor with electrical contacts (“…air pressure sensor 114 may be configured to detect inhalation using mechanical, electrical, or electromechanical flow…and/or…may be integrated with one or more…analog or digital electronic components that may be arranged, adapted, and/or configured to implement any of the methods described herein…”— [0041]), the pressure sensor configured to selectively provide power from a power supply to the electrical contacts in response to a change in pressure indicating a requested draw (“…including providing a voltage of sealed battery 116, and/or a modulated and/or attenuated form of that voltage, across an element of device…”—[0041]); and wherein the elongated conductive legs are electrically coupled to the electrical contacts included in the pressure sensor (FIG. 1A.)
It is noted that paragraph [0107] of applicant’s specification explicitly defines ‘coupled to’ as the following; “It should be understood that when an element or layer is referred to as being “on,” “connected to,” “coupled to,” “attached to,” “adjacent to,” or “covering” another element or layer, it may be directly on, connected to, coupled to, attached to, adjacent to or covering the other element or layer or intervening elements or layers may be present.”
LEWIS does not teach that the pressure sensor including electrical contacts, is mounted in a sensor cavity of the flexible seal.
JOHNSON, does however, teach; the pressure sensor including electrical contacts, is mounted in a sensor cavity of the flexible seal (“The seal 150, which can be a gasket, may be configured to at least partially surround the pressure sensor such that connections of the pressure sensor to internal circuitry of the vaporizer device 100 are separated from a part of the pressure sensor exposed to the airflow path.”— [137])
LEWIS and JOHNSON are considered to be analogous to the claimed invention because they are in the same field of electronic vaping devices. It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pressure sensor with electrical contacts configured to selectively provide power from a power supply to the electrical contacts in response to a change in pressure indicating a requested draw wherein the elongated conductive legs are electrically coupled to the electrical contacts included in the pressure sensor, as taught by LEWIS, with the feature that the pressure sensor including electrical contacts is mounted in a sensor cavity of the flexible seal, as taught by JOHNSON, for the explicit motivation JOHNSON recites; so that “…part of the pressure sensor (is) exposed to the airflow path…”—[137].
Regarding claim 8, LEWIS in view of JOHNSON, as shown above teach all of the limitations of claim 6.
LEWIS further teaches; the electrical contacts included in the pressure sensor are located on an exposed face of the pressure sensor, the elongated conductive legs of the heating assembly include free ends distal from the wick, and wires attached to the electrical contacts on the exposed face of the pressure sensor are further attached to the free ends of the elongated conductive legs (FIG. 1A, electrical contacts of the pressure sensor (114) located on the face exposed to the sealed battery (116) include ends distal from the wick (128) with the wires/leads (124) attached to the exposed face of the pressure sensor and are further attached to the free ends of the elongated legs).
It is again noted that paragraph [0107] of applicant’s specification explicitly defines ‘attached to’ as the following; “It should be understood that when an element or layer is referred to as being “on,” “connected to,” “coupled to,” “attached to,” “adjacent to,” or “covering” another element or layer, it may be directly on, connected to, coupled to, attached to, adjacent to or covering the other element or layer or intervening elements or layers may be present.”
Regarding claim 10, LEWIS as shown above, teaches all of the limitations of claim 9 including the elongated conductive legs and heating assembly.
LEWIS does not teach that the elongated conductive legs and the heating assembly are formed as a unitary piece by a metal stamping process. It is noted that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process (see MPEP 2113(I.)).
JOHNSON, does however, teach; the elongated conductive legs and the heating assembly are formed as a unitary piece by a metal stamping process (FIG. 13A, 860— ‘subassembly’, which includes elongated conductive legs (1326— ‘contacts’) and a ‘heating element’—1350 as a unitary piece). Additionally, JOHNSON discloses that the process of manufacture may, “…include metal stamping and crimping…”— [239].
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elongated conductive legs and the heating assembly, as taught by LEWIS, with the feature that the elongated conductive legs and the heating assembly are formed as a unitary piece by a metal stamping process, as taught by JOHNSON, for the explicit motivation JOHNSON recites; “… to enable the formation of a hermetic seal…”— [239].
Regarding claim 13, LEWIS, as shown above, teach teaches all of the limitations of claim 12.
LEWIS further teaches; a pressure sensor (FIG. 1C, 114) and a first sealing surface forming a first seal at an interface of the heating base and the flexible seal, a second sealing surface forming a second seal at an interface of the two-piece rigid airway tube and the flexible seal, and a third sealing surface forming a third seal at an interface of the air passage included in the flexible seal (see Modified Portion of FIG. 1D below).
Modified Portion of FIG. 1D
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LEWIS does not teach: the flexible seal defines a sensor cavity in fluid communication with the air passage, and holding a pressure sensor; and the pressure sensor inserted into the sensor cavity.
JOHNSON, does however, teach; the flexible seal defines a sensor cavity in fluid communication with the air passage, and holding a pressure sensor; and the pressure sensor inserted into the sensor cavity (“The seal 150, which can be a gasket, may be configured to at least partially surround the pressure sensor such that connections of the pressure sensor to internal circuitry of the vaporizer device 100 are separated from a part of the pressure sensor exposed to the airflow path.”— [137]).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pressure sensor and first sealing surface forming a first seal at an interface of the heating base and the flexible seal, a second sealing surface forming a second seal at an interface of the two-piece rigid airway tube and the flexible seal, and a third sealing surface forming a third seal at an interface of the air passage included in the flexible seal, as taught by LEWIS, to further include the feature that the flexible seal defines a sensor cavity in fluid communication with the air passage, holding the pressure sensor; and the pressure sensor inserted into the sensor cavity, as taught by JOHNSON, for the explicit motivation JOHNSON recites; so that “…part of the pressure sensor (is) exposed to the airflow path…”—[137].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over LEWIS (WO2014144678A2) in view of JOHNSON (WO2021211790A1) in further view of BATISTA (CN116744810A).
Regarding claim 7, LEWIS in view of JOHNSON, teach all of the limitations of claim 6 including; electrical contacts included in the pressure sensor are located on an exposed face of the pressure sensor, the elongated conductive legs of the heating assembly include free ends distal from the wick (see LEWIS FIG. 1A)
Neither LEWIS or JOHNSON explicitly teach that; at least one of the elongated conductive legs includes a 90 degree bend extending over the exposed face of the pressure sensor and directly contacting at least one of the electrical contacts on the exposed face of the pressure sensor to establish a solderless connection.
BATISTA, does however, teach; at least one of the elongated conductive legs includes a 90 degree bend extending over the exposed face of the pressure sensor and directly contacting at least one of the electrical contacts on the exposed face of the pressure sensor to establish a solderless connection (“…the second electrical terminal 410 reaches the peak of the electrical ridge 526 at a 90-degree orientation…”—[n0145] and Figure 2)
LEWIS, JOHNSON, and BATISTA are considered to be analogous to the claimed invention because they are in the same field of aerosol generating devices. It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical contacts included in the pressure sensor, located on an exposed face of the pressure sensor, with the elongated conductive legs of the heating assembly including free ends distal from the wick, as taught by LEWIS in view of JOHNSON, with the feature of that at least one of the elongated conductive legs includes a 90 degree bend extending over the exposed face of the pressure sensor and directly contacting at least one of the electrical contacts on the exposed face of the pressure sensor to establish a solderless connection, as taught by BATISTA, for the explicit motivation BATISTA recites; so that, “…the resistance to the rotation of the heating element 402 is reduced…”— [n0145].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over LEWIS (WO2014144678A2) in view of TABOR (US10935176B1),
Regarding claim 14, LEWIS as shown above, teaches all of the limitations of claim 1.
LEWIS further teaches; an outer housing covering the heating base, the flexible seal, the two-piece rigid airway tube, and a cylindrical absorbent (FIG. 1A, 110— ‘tube housing’), wherein the outer housing and the two-piece rigid airway tube form a pre-vapor solution tank (see Modified Portion of FIG. 2B above in Regarding Claim 1).
LEWIS does not teach that the flexible seal includes a plurality of elastic sealing ribs sealing the pre-vapor solution tank.
TABOR, does however, teach a multi-port fluid connector to be used in pressurized tubing between chambers. The connector includes a flexible seal containing a plurality of elastic sealing ribs (FIG. 1, 110— 'connector’, with a plurality of O-rings, denoted by 600 with subscripts a-e).
LEWIS and TABOR are considered to be analogous to the claimed invention because they include elements related to the filed of sealing and adapter mechanisms. It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible seal, as taught by LEWIS, to include a plurality of elastic sealing ribs, as taught by TABOR, for the explicit motivation TABOR recites; “…for forming fluid-tight seals…”—col. 6, lines 9-15. LEWIS in view of TABOR, therefore teaches; an outer housing covering the heating base, the flexible seal, the two-piece rigid airway tube, and a cylindrical absorbent, wherein the outer housing and the two-piece rigid airway tube form a pre-vapor solution tank, and the flexible seal includes a plurality of elastic sealing ribs sealing the pre-vapor solution tank.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A CEFARATTI whose telephone number is (571)270-0482. The examiner can normally be reached Monday-Friday 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH ARTHUR CEFARATTI/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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