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 § 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.
(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 - 9 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3881692 A1 (Jeong).
Regarding claim 1, Jeong teaches an aerosol generating device and vaporizer with the vaporizer comprising:
a wick housing (14) and lower case (17) which are detachably coupled to a liquid reservoir (13), wherein the wick housing and lower case form a heater module body that contains a wick (15) and heater (16), the lower case (17) having an inlet hole through which external air is introduced, and the liquid reservoir (13) is considered a cartridge (column 5 lines 32 – 35; Fig. 1-2);
a porous wick (15) having a first surface facing the inlet hole and extending in a direction crossing the flow of air (black arrows) from the inlet hole (bottom black arrow) and arranged to absorb the aerosol generating substrate stored in the reservoir (column 6 lines 15 - 18) and
a heater (16) arranged on the first surface of the wick and facing the inlet hole and arranged to heat the liquid absorbed into the porous wick (column 6 lines 50 - 56).
[AltContent: textbox (Figure 1 – figure 1 from EP 3881692 A1 (Jeong). First, second and third surface of wick are indicated by arrows.)]Regarding claim 2, Jeong teaches a heater module as described in claim 1. Figure 1 of Jeong teaches a second surface of the wick facing the opposite direction of the first surface, which would face the position of the reservoir/cartridge, along with a third surface facing the side wall. Figure 3 of Jeong teaches an embodiment where the first surface has a size greater than the third surface.
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Regarding claim 3, Jeong teaches a heater module as described by claim 1. Jeong further teaches that the porous wick (15) absorbs the aerosol-generating substrate stored in the liquid reservoir (13) through a porous body and delivers the aerosol-generating substrate to the heating element (16) (column 6 lines 15 – 18; figure 1). Figure 1 of Jeong shows the wick in an H-like shape with the top portions protruding and contacting the reservoir (13). The two top portions of the H-shaped wick read on the claim limitation of a contact member.
Regarding claim 4, Jeong teaches a heater module as described by claim 3. Figure 1 of Jeong shows the H-shaped wick protruding through two holes in the wick housing (14) to contact the reservoir (13) and absorb aerosol generating material. The two holes in the wick housing (14) read on the claim limitation of an aerosol generating material inlet.
Regarding claim 5, Jeong teaches a heater module as described by claim 3. Figure 1 of Jeong shows an H-shaped wick (15) with the first and second contact member on either side of a discharge passage (12). The airflow tube serves as an airflow path for air and/or aerosol. An aerosol generated by the heating element (16) may be discharged in a direction toward the upper case through the airflow tube (12) and inhaled by the user (column 5 lines 53 – 57).
Regarding claim 6, Jeong teaches a heater module as described by claim 1. Figure 1 of Jeong shows an H-shaped wick (15) with the two upper portions of the wick surrounding the discharge passage (12).
Regarding claim 7, Jeong teaches a heater module as described by claim 1. Jeong further teaches that the airflow tube (12) may serve as an airflow path for an air and/or aerosol. An aerosol generated by the heating element (16) may be discharged in a direction toward the upper case through the airflow tube (12) and inhaled by the user (column 5 lines 53 – 57). Figure 1 further shows a wall surrounding the discharge passage (12).
Regarding claim 8, Jeong teaches a heater module as described by claim 1. Figure 1 of Jeong shows the discharge passage (12) located directly above the air inlet. Arrows indicate the direction of airflow, and the discharge passage extends in the same direction as the flow of air.
Regarding claim 9, Jeong teaches a heater module as described by claim 1. Jeong further teaches that the heating element (16) includes a heating pattern having a planar form and a terminal configured to receive electricity from a battery (figure 1; column 6 lines 50 – 53). As the heating element (16) is on the first face of the wick, the terminal would then face the first surface of the wick as well.
Regarding claim 15, Jeong teaches an aerosol generating device as described by claim 1. Jeong further teaches that a connection terminal configured to electrically connect the terminal of the heating element (16) to the battery may be included in the lower case (17) (column 7 lines 26 – 29; figure 1). Jeong also teaches a controller (120) that is implemented by at least one processor (column 13 lines 24 – 25; figures 9 – 11). The controller (120) controls power supplied by the battery (130), a heating temperature of the heating element (16) included in the vaporizer (1), and the like (column 13 lines 17 – 20; figures 9 – 11). Jeong also teaches a heater assembly comprising a wick housing (14), wick (15), heater (16) and lower case (17) which is detachably coupled to a liquid reservoir (13) and upper case (11).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over EP 3881692 A1 (Jeong) as applied to claim 9 above, and further in view of US 20210022396 A1 (Lee).
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[AltContent: textbox (Figure 2 – portion of figure 6 from US 20210022396 A1 (Lee). Heater terminal containing a curved surface. Terminal can be divided into first second and third terminal members. With the second member connecting the first and third members.)]Regarding claim 10, Jeong teaches a heater module as described by claim 9. Jeong does not teach a first heater terminal member which is in contact with the heater and of which at least a part has a curved surface; a second heater terminal member connected to the first heater terminal member; and a third heater terminal member connected to the second heater terminal member and electrically coupled to a battery. Lee teaches that the heater terminal has a curved shape (paragraph 15; figure 6). The structure may be a terminal which creates electrical connection between two objects. When the structure is electrically connected to the heater (420) and contacts a terminal located in the main body (10), the heater (420) may be electrically connected to the battery (410) (paragraph 108; figure 6). Figure 6 shows the terminal, and an annotated figure below shows how the terminal can be divided into three terminal members.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heater terminal of Jeong modified by James and Huang with the curved terminal of Lee, with reasonable expectation of success, because Lee indicates that when the contact area between the terminal and the heater is increased, the efficiency of power transmission to the heater is improved (paragraph 16). As at least a part of the structure is manufactured in a curved shape, the area where the structure contacts the other terminal is widened. Accordingly, the electrical connection between the cartridge and the body can be stably maintained (paragraph 17).
Claims 11, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3881692 A1 (Jeong), as applied to claim 1 above, and further in view of US 20210274842 A1 (James).
Regarding claim 11, Jeong teaches a heater module as described by claim 1. Jeong further teaches a terminal that is disposed in a form in which the terminal comes in close contact with both side surfaces of the body of the porous wick (15) (column 7 lines 5 – 8). Figure 3 of office action highlights the terminal. The wick housing (14), wick (15), heater (16), and lower case (17) together read on the claim limitation of a heater module body, in which case the above-mentioned terminal is arranged on the heater module body. It is also positioned to be able to contact a the cartridge/reservoir.
[AltContent: textbox (Figure 3 – figure 1 from EP 3881692 A1 (Jeong). Jeong teaches terminals that are disposed in a form in which the terminal comes in close contact with both side surfaces of the body of the porous wick (15). These terminals also are arranged on the heater body (14, 15, 16, 17) and are positioned in such a way that they could contact the cartridge/reservoir and serve as cartridge recognition terminal)]
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Jeong does not teach a recognition terminal electrically connected to the cartridge. James teaches a cartridge-sensing terminal (54) which is configured to enable the main controller to determine if a cartridge is connected to the seating (paragraph 100; figure 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the terminal of Jeong to become a cartridge recognition terminal of James, with reasonable expectation of success, because a cartridge detection terminal can help ensure that the heater is not active when no cartridge is present, preventing energy loss of the battery or power source.
Regarding claim 13, Jeong teaches an aerosol generating device as described in claim 1. Jeong further teaches a liquid reservoir/cartridge (13) that has a predetermined space provided therein, and the aerosol-generating substrate in a liquid state may be stored in the corresponding space. And that the liquid reservoir (13) may supply the stored aerosol-generating substrate to the heating element (16) through the porous wick (15) (column 6; lines 5 – 10; figures 1 & 2). Figures 1 and 2 of Jeong teach two transfer portions, or holes in the wick housing (14) which allow the aerosol generating material to be transferred from the reservoir (13), through the wick (15) and to the heater (16).
Jeong does not teach a recognition contact portion arranged in a position spatially separated from the transfer portion and electrically connected to the heater module for the aerosol generating device. James teaches a cartridge-sensing terminal (54) which is configured to enable the main controller to determine if a cartridge is connected to the seating (paragraph 100; figure 4). The cartridge sensing terminal reads on the claim limitation of a recognition contact portion. Jeong teaches a terminal that is disposed in a form in which the terminal comes in close contact with both side surfaces of the body of the porous wick (15) (column 7 lines 5 – 8), and that the heating element (16) may include… a terminal configured to receive electricity form the battery (column 6 lines 50 – 52). The location of this terminal would allow it to contact the cartridge/reservoir if modified to a recognition contact portion, and leaves it separated from the transfer portion.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the terminal of Jeong with the cartridge recognition terminal of James, with reasonable expectation of success, because a cartridge detection terminal can help ensure that the heater is not active when no cartridge is present, preventing energy loss of the battery or power source.
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[AltContent: textbox (Figure 4 - figure 1 from EP 3881692 A1 (Jeong). The cartridge contact portion and recognition terminal body are indicated on the terminal from Jeong EP 3881692 A1 modified by James US 20210274842 A1 (James).)] Regarding claim 14, Jeong modified by James teaches a cartridge as described by claim 13. Jeong further teaches an airflow tube (12) which serves as an airflow path for air and/or an aerosol. Aerosol generated by the heating element (16) is discharged in a direction toward the upper case through the airflow tube (12) and inhaled by the user (column 5 lines 53 – 57; figure 1). Figure 1 of Jeong teaches two transfer portions as two holes on either side of the airflow tube (12) where the wick protrudes transferring aerosol-generating material out of the reservoir (13)/modified cartridge, through the wick (15), and to the heater (16).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over EP 3881692 A1 (Jeong) and US 20210274842 A1 (James) as applied to claim 11 above, and further in view of US 20210022396 A1 (Lee).
Regarding claim 12, Jeong modified by James teaches a heater module as described by claim 11. Jeong teaches a terminal that is disposed in a form in which the terminal comes in close contact with both side surfaces of the body of the porous wick (15) (column 7 lines 5 – 8). Figures 3 and 4 of the office action highlights the terminal. The wick housing (14), wick (15), heater (16), and lower case (17) together read on the claim limitation of a heater module body, in which case the above-mentioned terminal is arranged on the heater module body.
Jeong does not teach a recognition terminal body coupled to the heater module body; and a cartridge contact member that is in contact with the cartridge and elastically and movably coupled to the recognition body. James teaches a cartridge-sensing terminal (54) which is configured to enable the main controller to determine if a cartridge is connected to the seating (paragraph 100; figure 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the terminal of Jeong to a cartridge recognition terminal of James, with reasonable expectation of success, because a cartridge detection terminal can help ensure that the heater is not active when no cartridge is present, preventing energy loss of the battery or power source. The cartridge contact portion would be the top of the terminal, closest to the reservoir/cartridge (13). The terminal also appears to be coupled to the heater, therefore the portion of the terminal interacting with the heater would read on the claim limitation of a recognition terminal body coupled to the main heater body.
Jeong modified by James teaches a heater module of claim 11 comprising a recognition contact terminal coupled to the main heater module body and is in contact with the cartridge. Jeong modified by James does not teach a cartridge contact member that is elastically and movably coupled to the recognition terminal body. Lee teaches a terminal wherein the conductive structure is formed by compression such that the wire is in contact with the conductive structure (paragraph 28). A terminal wherein the conductive structure is formed by compression reads on the claim limitation of a contact member that is elastically and movably coupled to the recognition terminal body.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the recognition terminal body of Jeong modified by James and Huang with the compressible terminal of Lee, with reasonable expectation of success, because Lee indicates that a terminal connected by pressing, compared to the case where it is attached by soldering, is possible to obtain an improved effect in terms of the manufacturing process and numerical management of the cartridge. In addition, as the contact area is increased by pressing, the efficiency of the connection may be improved (paragraph 16).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brendon Juengst whose telephone number is (571)272-8750. The examiner can normally be reached Mon-Fri 8:30-5.
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/BRENDON THOMAS JUENGST/Examiner, Art Unit 1749 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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