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
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 32 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to claim 32, the specification discloses that the atomizer is shown by a heating element or heat generation member (lines 7-13 on page 8 of the Applicant’s specification) but there is no description relating to the atomizer comprising a series of heating regions as recited in claim 32. For purposes of examination, a series of heating regions is a treated as a plurality of regions is provided by individual spaced wire coil portions of the heating member (222) as illustrated in Figure 2.
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.
Claim(s) 21-23 and 26-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DePiano et al (US 2014/0270730).
DePiano discloses the aerosol delivery device claimed including an atomizer assembly (812) comprising a shell (818) defining a central axis extending between a proximal end and a distal end, a reservoir (814) disposed within the shell and containing an aerosol precursor, an atomizer (840) oriented along a second axis wherein the second axis is coaxial with or parallel to the central axis of the shell as illustrated in Figure (17) arranged to aerosolize the aerosol precursor wherein the reservoir at least partially circumferentially surrounding the atomizer (Figure 17), an air flow channel (860; Figure 18) defined along the axis of the shell through which air flows in response to draw on the aerosol delivery device (para 0039), an electronic control component (808) including a printer circuit board (PCB para 0114) connected to the atomizer, a power source connected to the PCB such that the PCB is positioned between the atomizer and the power source which is contained in a receptable (700; also, see para 0112, and Figure 17).
With respect to claim 22, DePiano discloses that the atomizer is a heater or a heat generation component including an electrical resistance heating element (para 0041) wherein the flow channel is defined at least partially through the resistive heating element (also, see Figure 18).
With respect to claim 23, DePiano discloses the heating element with a first heating terminal (834a) and a second heating terminal (834b).
With respect to claim 26, DePiano discloses an outer body (816/702) that extends along a longitudinal axis of the aerosol delivery device between a first end and a second end, and containing the atomizer assembly, the PCB, and the power source. Also, see para 0112-0113.
With respect to claim 27, DePiano discloses the atomizer assembly arranged within the outer body such that proximate end of the atomizer assembly (812) is oriented toward the first end of the outer body and the distal end of the atomizer assembly is oriented toward the second end of the outer body, the power source is positioned toward the second end of the outer body such that the PCB (808) is positioned distally of the atomizer and between the atomizer assembly and the power source contained in the control body (702) of the outer body.
With respect to claim 28, DePiano discloses the atomizer assembly that can be disposable (para 0040).
With respect to claims 29 and 30, DePiano discloses the reservoir (814) that forms a channel in which the atomizer and air flow channel are arranged as illustrated in Figure 18 wherein the reservoir is formed as a cylinder tube with the channel extending centrally therethrough and encircling an interior of the shell.
With respect to claim 31, DePiano discloses the reservoir can be made of a fibrous material (para 0050 and0077).
With respect to claim 32, DePiano discloses the atomizer having a plurality of heating regions that are axially spaced apart as shown by a plurality of heating portions that are axially spaced apart as shown by the heating element (840 as illustrated in Figure 17).
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.
Claim(s) 24 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over DePiano (US 2014/0270730) in view of Ampolini et al (US 2016/0331030).
DePiano discloses the device claimed including the first and second terminals but does not explicitly show the first and second terminals are engaged with electronic component terminals associated with the PCB.
Ampolini discloses it is known to provide an aerosol delivery device with an atomizer/heater having terminals (849a and 849b) that are engaged with electronic component terminals (8106a and 8106b) associated with a PCB board (8106; also, see Figure 8a; para 0139) for controlling and regulating the atomizer/heater (para 0080) as known in the art.
In view of Ampolini, it would have been obvious to one of ordinary skill in the art to adapt DePiano with the terminals of the atomizer that are engage with the PCB electronic component terminals so that the atomizer can be further regulated and controlled via the PCB that controls the power supplied from the power source.
With respect to claim 25, Ampolini discloses the electronic component terminals that are formed of bent prongs as illustrated in Figure 8a.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761
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