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 2-8 and 12 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.
The term “predefined distance” in claims 2 and 12 is a relative term which renders the claim indefinite. The term “predefined distance” 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. The specification provides an example embodiment where the distance is in the range of 0.5-1mm, however, the recitation of “predefined distance” is indefinite. For purposes of examination any designed guide that results in a distance is considered to be a “predefined distance”.
The term “certain” in claims 4 and 7 is a relative term which renders the claim indefinite. The term “certain” 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. The specification provides an example embodiment where the angle in the range of 45-60 degrees, however, the recitation of “certain” is indefinite. For purposes of examination any angle or distance is considered to be a “certain”.
Claims 3, 5-6, and 8 are rejected insomuch as they depend on rejected claims.
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 1-2, 9-12, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20160143358 A1 (hereinafter ZHU).
Regarding claim 1, ZHU discloses a heating assembly for an electronic cigarette vaporizer (abstract). ZHU discloses [a] heater assembly (Fig. 3, heating assembly 10, ¶38) comprising: a chamber (Fig. 3, vaporizing chamber bounded by the wall and cover, ¶8-¶9) comprising an air inlet (Fig. 3, air intake 111, ¶38) through which external air flows in, a liquid inlet (Fig. 2, e-liquid conduit opening 31, ¶38) through which an aerosol generating material flows in, and an air outlet (Fig. 3, air discharge 112, ¶38) through which air inside the heater assembly is discharged to the outside. ZHU discloses that a vaporizing chamber formed by a side cover 30, a top cover 60, and vaporization shields (¶38, ¶52). ZHU discloses that the side cover 30 has an opening 31 that when a user fills e-liquid in a storage tank the e-liquid flows into the conduit opening and into the side of the e-liquid medium 12 (¶38). ZHU further discloses a wick (Fig. 3, e-liquid medium 13, ¶38) arranged inside the chamber and configured to absorb the aerosol generating material flowing in from the outside of the heater assembly through the liquid inlet (¶38), wherein the wick comprises a first surface facing the liquid inlet, a second surface arranged in an opposite direction to the first surface, and a side surface surrounding a space between the first surface and the second surface. ZHU discloses that when the e-liquid from the tank flows into the opening it goes into the first side of the e-liquid medium to be soaked with e-liquid (¶38). ZHU further discloses a heater (Fig. 3, heating element 12, ¶38) arranged on the side surface of the wick and configured to heat the aerosol generating material absorbed into the wick (¶68). ZHU further discloses a guide structure (Fig. 3, vapor guide 50, ¶38) arranged inside the chamber to face the heater and configured to induce the external air flowing into the chamber through the air inlet to move in a direction toward the heater. ZHU discloses that the vapor guide has a bulge configured to deflect and guide the air from the air intake to the e-liquid medium (¶44).
Regarding claim 2, ZHU discloses the heater assembly of claim 1 as discussed above. ZHU further discloses wherein the guide structure is spaced apart from the heater by a predefined distance. As shown in Fig. 3, the guide structure has a purposeful bulge to direct the air flow. This reads upon a “predefined distance”.
Regarding claim 9, ZHU discloses the heater assembly of claim 1 as discussed above. ZHU further discloses a plurality of electrical connection elements configured to electrically connect the heater to a battery outside the heater assembly (¶13). ZHU discloses that the heating element includes a heating wire with a first terminal and a second terminal for electrically connecting the heater to a power supply (¶13). ZHU discloses that electronic cigarettes are powered by a battery (¶5).
Regarding claim 10, ZHU discloses the heater assembly of claim 1 as discussed above. ZHU further discloses wherein the plurality of electrical connection elements comprise: a first electrical connection element in contact with one region of the heater; and a second electrical connection element spaced apart from the first electrical connection element and in contact with another region of the heater, wherein the guide structure is arranged between the first electrical connection element and the second electrical connection element. This is shown in Fig. 3. The bottom of the page illustrates two electrical connections, the top of the page where the solid dots illustrate 12 is considered to be regions of the heater and in a vertical direction the bulge of the guide structure is between with connection elements.
Regarding claim 11, ZHU discloses a heating assembly for an electronic cigarette vaporizer (abstract) a cartridge comprising a storage tank storing an aerosol generating material. ZHU discloses a storage tank (not shown in the figures) of the electronic cigarette (¶38, ¶53). ZHU further discloses a heater assembly (Fig. 3, heating assembly 10, ¶38) detachably coupled to one region of the cartridge (¶38) and configured to generate aerosols by heating the aerosol generating material supplied from the cartridge. ZHU further discloses and a main body (an electric power supply, ¶16, ¶21) detachably coupled to one region of the heater assembly and comprising a battery (¶5) configured to supply power to the heater assembly. ZHU discloses that the electric connector base 21 is adapted for connecting to an electrical power supply (¶51). ZHU further discloses wherein the heater assembly comprises: a chamber (Fig. 3, vaporizing chamber bounded by the wall and cover, ¶8-¶9) comprising an air inlet (Fig. 3, air intake 111, ¶38) through which external air flows in, a liquid inlet (Fig. 2, e-liquid conduit opening 31, ¶38) through which the aerosol generating material flows in from the cartridge, and an air outlet (Fig. 3, air discharge 112, ¶38) through which air inside the heater assembly is discharged. ZHU discloses that a vaporizing chamber formed by a side cover 30, a top cover 60, and vaporization shields (¶38, ¶52). ZHU discloses that the side cover 30 has an opening 31 that when a user fills e-liquid in a storage tank the e-liquid flows into the conduit opening and into the side of the e-liquid medium 12 (¶38). ZHU further discloses a wick (Fig. 3, e-liquid medium 13, ¶38) arranged inside the chamber and configured to absorb the aerosol generating material flowing in from the cartridge through the liquid inlet (¶38), wherein the wick comprises a first surface facing the liquid inlet, a second surface arranged in an opposite direction to the first surface, and a side surface surrounding a space between the first surface and the second surface. ZHU discloses that when the e-liquid from the tank flows into the opening it goes into the first side of the e-liquid medium to be soaked with e-liquid (¶38). ZHU further discloses a heater (Fig. 3, heating element 12, ¶38) arranged on the side surface of the wick and configured to heat the aerosol generating material absorbed into the wick (¶68). ZHU further discloses a guide structure (Fig. 3, vapor guide 50, ¶38) arranged inside the chamber to face the heater and configured to induce the external air flowing into the chamber through the air inlet to move in a direction toward the heater. ZHU discloses that the vapor guide has a bulge configured to deflect and guide the air from the air intake to the e-liquid medium (¶44).
Regarding claim 12, ZHU discloses the aerosol generating device of claim 11 as discussed above. ZHU further discloses wherein the guide structure is spaced apart from the heater by a predefined distance. As shown in Fig. 3, the guide structure has a purposeful bulge to direct the air flow. This reads upon a “predefined distance”.
Regarding claim 15, ZHU discloses the aerosol generating device of claim 11 as discussed above. ZHU further discloses the heater assembly further comprises a plurality of electrical connection elements configured to electrically connect the heater to the battery of the main body, wherein the heater is configured to heat the aerosol generating material absorbed into the wick by generating heat when power is supplied from the battery. ZHU discloses that the heating element includes a heating wire with a first terminal and a second terminal for electrically connecting the heater to a power supply (¶13). ZHU discloses that electronic cigarettes are powered by a battery (¶5). ZHU discloses that when the liquid medium is soaked with e-liquid for vaporization when the user turns on the electric power supply (¶38)
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 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over ZHU.
Regarding claim 3, ZHU discloses the heater assembly of claim 2 as discussed above. Regarding the limitation, wherein the predefined distance is 0.5 mm to 1 mm, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of ZHU to have the guide structure is spaced apart from the heater by 0.5 mm to 1 mm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the instant case, the device of ZHU would not operate differently with the claimed values and since there is a distance between the guide structure and the heater to create a deflection and guiding of the air from the vaporizing chamber air intake to the e-liquid medium, ZHU would function appropriately with the claimed values.
Regarding claim 4, ZHU discloses the heater assembly of claim 1 as discussed above. ZHU further discloses a first portion extending in a first direction crossing the side surface of the wick, when viewed above the first surface of the wick; and a second portion extending in a second direction crossing the first direction. (See annotated Figs. below).
[AltContent: arrow][AltContent: arrow]
PNG
media_image1.png
224
69
media_image1.png
Greyscale
[AltContent: textbox (A second portion)][AltContent: textbox (A first portion)]
PNG
media_image2.png
280
432
media_image2.png
Greyscale
Although it is not taught arranged so that one end of the second portion contacts one end of the first portion to form a certain angle with the first portion, when viewed above the first surface of the wick, the courts have held changes in proportion or shape to be prima facie obvious in the absence of new or unexpected results. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). One of ordinary skill in the art would appreciate that the shape of the bulge could be modified and accomplish the results of deflecting the air flow with predictable results. ZHU teaches other embodiments where the vapor guide can be other shapes such as round, oval, square, rectangle, and polygon (¶12). In the instance of a polygon shape, the ends would meet at various angles. Further, as informed by applicant’s specification, the guide structure may be formed in a bent shape protruding toward the heater (¶136 of instant application), the guide of ZHU is bent. Further the guide of ZHU is a single portion so the ends necessarily contact one another. Though the angle of the illustrated embodiments, where they come together, is a flat surface (angle of zero), given broadest reasonable interpretation, this is a “certain” angle (see annotated Fig. below).
[AltContent: textbox (Ends meet at a 0 angle)][AltContent: arrow][AltContent: oval][AltContent: oval][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector]
PNG
media_image1.png
224
69
media_image1.png
Greyscale
Regarding claim 5, ZHU teaches the heater assembly of claim 4 as discussed above. ZHU further discloses wherein a region in which the one end of the first portion and the one end of the second portion are in contact with each other is formed in a bent shape having a predefined curvature. As shown in Fig. 3, the region where the first and second portion are formed create a bend in the straight wall of the chamber to deflect the air flow (¶44).
Regarding claim 6, ZHU discloses the heater assembly of claim 1 as discussed above. ZHU further teaches wherein a distance between one end of the guide structure facing the first surface of the wick and a bottom surface of the chamber facing the second surface of the wick is greater than or equal to a distance between one end of the heater facing the first surface of the wick and the bottom surface of the chamber. As shown in Fig. 2, the bottom of the chamber is defined by the base 11 (¶38). However, it is noted that the bottom surface of the instant application is where the liquid enters. In ZHU the liquid enters on the side surface. Therefore the distances with respect to distance from where the liquid enters are arranged proportionally as claimed. Further, courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C. So the rearrangement to flow liquid in the side in ZHU versus the bottom in the instant application is considered a rearrangement of parts with predictable results.
Regarding claim 7, ZHU discloses the heater assembly of claim 1 as discussed above. ZHU further teaches wherein the second surface of the wick is spaced apart from the bottom surface of the chamber facing the second surface of the wick by a certain distance. As explained in the rejection of claim 6, this recitation is considered to be a rearrangement of parts. Courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C.
Regarding claim 8, ZHU teaches the heater assembly of claim 7 as discussed above. ZHU further teaches wherein one region of the wick adjacent to the bottom surface of the chamber absorbs liquefied aerosols accumulated inside the chamber (¶10-¶12).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over ZHU as applied to claim 11 above, and further in view of US 20170258132 A1 (hereinafter ROSTAMI).
Regarding claim 13, ZHU discloses the aerosol generating device of claim 11 as discussed above. ZHU does not disclose wherein the cartridge further comprises a liquid delivery element configured to deliver the aerosol generating material stored in the storage tank to the wick of the heater assembly.
ROSTAMI teaches a cartridge for an e-vaping device that enable simultaneous vaporization of different formulas through a dispensing interface coupled to a plurality of reservoirs (abstract). ROSTAMI teaches that the cartridge 70 has one or more reservoirs 22-1 to 22-N (Figs. 1-1C, ¶56). ROSTAMI teaches that the reservoir has a storage medium configured to store the pre-vapor formulation that may include cotton (¶103). ROSTAMI teaches that the dispensing interface 30 has the capacity to draw the formulations from the reservoirs to deliver to the wicks (¶106).
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 ZHU to provide wherein the cartridge further comprises a liquid delivery element configured to deliver the aerosol generating material stored in the storage tank to the wick of the heater assembly as taught in ROSTAMI. A person of ordinary skill in the art would obviously provide a liquid delivery element because doing so would transport the material in the storage tank to the wick for vaporization.
Regarding claim 14, ZHU discloses the aerosol generating device of claim 13 as discussed above. ZHU does not disclose wherein the liquid delivery element comprises a cotton material for absorbing the aerosol generating material, and the wick comprises a ceramic wick.
ROSTAMI teaches a cartridge for an e-vaping device that enable simultaneous vaporization of different formulas through a dispensing interface coupled to a plurality of reservoirs (abstract). ROSTAMI teaches that the cartridge 70 has one or more reservoirs 22-1 to 22-N (Figs. 1-1C, ¶56). ROSTAMI teaches that the reservoir has a storage medium configured to store the pre-vapor formulation that may include cotton (¶103). ROSTAMI teaches that the dispensing interface includes a ceramic material extending into the reservoir (¶60). ROSTAMI teaches that the ceramic rod is configured to direct pre-vapor formulation to the interior of the rod (¶64). ROSTAMI teaches that the interface may include any suitable material for wicking including ceramic and be chosen to accommodate the pre-vapor formulations that have different physical properties.
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 ZHU to provide wherein the liquid delivery element comprises a cotton material for absorbing the aerosol generating material, and the wick comprises a ceramic wick as taught in ROSTAMI. A person of ordinary skill in the art would obviously provide cotton for the liquid delivery element and ceramic for the wick. Selecting different suitable materials for liquid transfer would better accommodate different formulations and their properties for capillary action to the vaporization chamber (¶107).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
Prosecution Insights