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 Interpretation
For purposes of examination, the term “external air” is interpreted, consistent with the Specification, as air that is external to the storage and enters the storage through an inlet. The claim does not require the external air to be at atmospheric pressure or to enter the storage without being pumped or pressurized.
The term “identification member” is interpreted as any component, regardless of shape, material, or construction, that is arranged inside the storage, is in contact with the stored aerosol-generating material, and moves or is capable of moving in a predictable manner as the amount of aerosol-generating material changes. The term “identification” does not impose an additional structural limitation beyond the positively recited location, contact, and movement of the member.
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, 9, 10, 12, and 13 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Bright et al. (US 2017/0172210 A1).
Regarding claim 1, Bright teaches an aerosol generating material discharge assembly comprising a storage (liquid reservoir 120, ¶ [0071]) storing an aerosol generating material (liquid aerosol-forming substrate contained in liquid reservoir 120, ¶ [0071]) and comprising an air inlet (equalizing air inlet valve 122, ¶ [0077]) through which external air is introduced (air inlet valve 122 allowing air to flow into liquid reservoir 120, ¶ [0077]);
a chamber (vaporizer 134, ¶ [0072]) connected to the storage and configured to receive the aerosol generating material from the storage (vaporizer 134 receiving liquid aerosol-forming substrate pumped from liquid reservoir 120, ¶ [0072]);
and a pump (pump 132, ¶ [0072]) configured to allow the external air to flow into the storage through the air inlet by transferring the aerosol generating material to the chamber (as liquid is drawn out of liquid reservoir 120 by pump 132, valve 122 opens to equalize the pressure inside liquid reservoir 120 with the pressure outside liquid reservoir 120, ¶ [0088]).
Regarding claim 9, Bright further teaches an airflow passage (airflow path extending from air inlet 118 through the interior space of housing 110 to air outlet 116, ¶ [0073]) connected to the chamber to allow penetration of the external air (air drawn through air inlet 118 and past vaporizer 134, ¶ [0073]) and separated from the air inlet (air inlet 118 separate from equalizing air inlet valve 122 of liquid reservoir 120, Fig. 1).
Regarding claim 10, Bright further teaches the pump comprising an inlet connected to the storage (inlet 140 of pump 132 configured to engage liquid outlet 124 of liquid reservoir 120, ¶ [0078]) and an outlet connected to the chamber (outlet 142 of pump 132 configured to engage tube 139 of the heater assembly for conveying liquid to vaporizer 134, ¶¶ [0079]–[0080]).
Regarding claim 12, Bright further teaches the pump arranged outside the storage and the chamber (pump 132 positioned outside and between liquid reservoir 120 and vaporizer 134, Fig. 1).
Regarding claim 13, Bright further teaches a first sealing portion arranged between the inlet and the storage (removable cap or pierceable seal sealing liquid outlet 124 before liquid outlet 124 engages inlet 140 of pump 132, ¶ [0078]) and configured to prevent the aerosol generating material from leaking to the outside of the storage (liquid outlet 124 sealed before engagement with pump 132, ¶ [0078]).
Claims 14 and 15 are rejected under 35 U.S.C. § 103 as being unpatentable over Bright et al. (US 2017/0172210 A1).
Regarding claims 14 and 15, Bright teaches a cartridge comprising the aerosol generating material discharge assembly of claim 1 (a cartridge comprising liquid reservoir 120, pump 132, and vaporizer 134, ¶ [0045]); an aerosol generating device comprising the cartridge (aerosol-generating system 100 comprising liquid reservoir 120, pump 132, and vaporizer 134, ¶ [0072]); a battery configured to supply power for operation of the pump (power supply 112 supplying electrical power to pump 132, ¶ [0072]); and a processor configured to control operation of the pump (control circuitry comprising a programmable microprocessor configured to operate the pump, ¶ [0042]).
Bright does not expressly teach that the vaporizer included in the cartridge comprises a wick arranged inside the chamber and into which the aerosol generating material is absorbed, and a heating portion arranged inside the chamber and configured to heat the aerosol generating material absorbed into the wick. Bright teaches that the cartridge may comprise the liquid reservoir, pump, and vaporizer (¶ [0045]) and further teaches that the vaporizer may comprise a wick arranged inside the chamber and into which the aerosol generating material is absorbed (capillary material that conveys the liquid aerosol-forming substrate by capillary action, ¶ [0035]) and a heating portion arranged inside the chamber and configured to heat the aerosol generating material absorbed into the wick (an electrical heater associated with the capillary material for vaporizing the liquid aerosol-forming substrate, ¶ [0036]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to arrange Bright’s disclosed capillary material and electrical heater within the vaporizer of Bright’s cartridge because rearrangement of known parts is obvious where the rearrangement does not modify the operation of the device. MPEP § 2144.04(C). Such an arrangement would retain Bright’s disclosed operation of conveying liquid supplied by the pump to the heater for vaporization.
Claims 2, 4 and 6 are rejected under 35 U.S.C. § 103 as being unpatentable over Bright et al. (US 2017/0172210 A1) in view of Batista et al. (US 2017/0172211 A1).
Regarding claim 2, Bright teaches the aerosol generating material discharge assembly of claim 1 as set forth above. Bright does not teach an identification member arranged inside the storage and in contact with the aerosol generating material to be moved according to a remaining amount of the aerosol generating material.
Batista teaches an identification member arranged inside the storage (movable wall 26 arranged in liquid storage portion 20, ¶ [0054]) and in contact with the aerosol generating material (movable wall 26 containing the liquid aerosol-forming substrate within liquid storage portion 20, ¶ [0062]) to be moved according to a remaining amount of the aerosol generating material (movable wall 26 moving axially as the volume of liquid aerosol-forming substrate within liquid storage portion 20 is reduced, ¶ [0060]).
Bright and Batista are both directed to delivering liquid aerosol-forming substrate from a liquid storage portion to a downstream vaporizer in an aerosol-generating system. Bright uses pump 132 to withdraw liquid from liquid reservoir 120, while Batista teaches using movable wall 26 to define the liquid-containing volume and move as liquid is delivered from the storage. Batista further teaches that movable wall 26 contains the liquid aerosol-forming substrate such that micro-stepper motor 12 and piston 18 do not contact the liquid aerosol-forming substrate (¶ [0062]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide Bright’s liquid reservoir 120 with Batista’s movable wall 26 so that the wall follows the decreasing liquid volume as pump 132 withdraws liquid, while separating the stored liquid from the actuating components.
Regarding claim 4, Bright as modified by Batista teaches the aerosol generating material discharge assembly of claim 2 as set forth above. Bright teaches air flowing into the storage (air flowing into liquid reservoir 120 through equalizing air inlet valve 122 as liquid is drawn from liquid reservoir 120, ¶ [0088]). Batista teaches the identification member configured to press the aerosol generating material toward the chamber (movable wall 26 moving toward the outlet of liquid storage portion 20 and reducing the storage volume to deliver liquid aerosol-forming substrate toward the vaporizer, ¶ [0060]).
In modified Bright, Batista’s movable wall 26 would separate the incoming air from the liquid aerosol-forming substrate within liquid reservoir 120. As pump 132 withdraws liquid and air enters through equalizing air inlet valve 122, the incoming air would act against movable wall 26, causing movable wall 26 to follow the decreasing liquid volume and press the liquid aerosol-forming substrate toward vaporizer 134. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure modified Bright so that movable wall 26 presses the liquid aerosol-forming substrate toward vaporizer 134 as air flows into liquid reservoir 120, thereby maintaining delivery of the liquid as the stored amount decreases.
Regarding claim 6, modified Bright teaches the aerosol generating material discharge assembly of claim 2 as set forth above. Batista further teaches the identification member (movable wall 26, ¶ [0054]) being moved while in contact with an inner surface of the storage (movable wall 26 moving axially within liquid storage portion 20 while spanning and contacting the inner surface of liquid storage portion 20, ¶ [0060]; Figs. 1A–1D).
Batista’s movable wall 26 defines the liquid-containing volume and moves axially as liquid aerosol-forming substrate is delivered from liquid storage portion 20. Accordingly, in the modified Bright assembly, movable wall 26 would likewise remain in contact with the inner surface of liquid reservoir 120 while following the decreasing liquid volume. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure modified Bright so that movable wall 26 moves while contacting the inner surface of liquid reservoir 120, thereby maintaining separation between the stored liquid aerosol-forming substrate and the actuating components during withdrawal.
Claim 11 is rejected under 35 U.S.C. § 103 as being unpatentable over Bright et al. (US 2017/0172210 A1) in view of Wensley (US 2021/0037883 A1).
Regarding claim 11, Bright teaches the aerosol generating material discharge assembly of claim 10 as set forth above. Bright further teaches pump 132 configured to convey liquid aerosol-forming substrate from liquid reservoir 120 to vaporizer 134. Bright ¶ [0049]. Bright does not teach the additional limitation of claim 11 requiring the pump to be arranged inside the chamber and an outlet of the pump to be connected to the wick.
Wensley teaches liquid pump 35 arranged inside liquid reservoir 34. Wensley ¶ [0019]. Wensley further teaches that an end of wick 30 is connected to liquid pump 35 in a liquid-receiving manner such that liquid reaches wick 30 exclusively through pump 35. Wensley ¶ [0019]. Thus, Wensley teaches arranging the pump within the liquid-containing chamber and fluidly connecting the pump outlet to the wick.
Bright and Wensley are directed to electronic smoking devices that use a pump to actively deliver liquid aerosol-forming material to a wick-containing atomizer for vaporization. Bright ¶ [0049]. Wensley ¶ [0019]. Wensley therefore teaches a known technique for integrating the pump within the liquid-containing chamber and directly supplying liquid from the pump to the wick.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply Wensley’s known pump arrangement to the apparatus of claim 10 taught by Bright by arranging pump 132 inside the chamber and connecting the pump outlet to the wick, thereby providing direct and controlled delivery of liquid to the wick. This modification constitutes the use of a known technique to improve a similar device in the same way and would have yielded the predictable result of supplying liquid from the pump directly to the wick. MPEP § 2143(I)(C).
Claim 3 is rejected under 35 U.S.C. § 103 as being unpatentable over Bright et al. (US 2017/0172210 A1) in view of Batista et al. (US 2017/0172211 A1) and further in view of Ramsahoye (US 2006/0084925 A1).
Regarding claim 3, modified Bright teaches the aerosol generating material discharge assembly of claim 2 as set forth above, including the identification member (movable wall 26, Batista ¶ [0054]). Modified Bright does not teach the identification member comprising a distinguishable color.
Ramsahoye teaches a movable member comprising a distinguishable color (plunger 30 having a non-transparent color contrasting with the graduation indicia and background of transparent barrel 20, ¶ [0030]).
Batista teaches movable wall 26 arranged within liquid storage portion 20. Batista ¶ [0054]. Ramsahoye similarly teaches plunger 30 movable within transparent barrel 20. Ramsahoye ¶ [0030]. Thus, Ramsahoye is reasonably pertinent to the problem addressed by claim 3 because it addresses making a movable member within a fluid-containing storage readily visible. Ramsahoye teaches providing plunger 30 with a contrasting color so that it is readily visible through transparent barrel 20. Ramsahoye ¶ [0018]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide movable wall 26 of modified Bright with Ramsahoye’s contrasting color so that the position of the movable wall is readily visible.
Claim 5 is rejected under 35 U.S.C. § 103 as being unpatentable over Bright et al. (US 2017/0172210 A1) in view of Batista et al. (US 2017/0172211 A1) and further in view of Nakatsuka et al. (US 2011/0017777 A1).
Regarding claim 5, modified Bright teaches the aerosol generating material discharge assembly of claim 2 as set forth above, including the storage (liquid reservoir 120, Bright ¶ [0071]) and the identification member (movable wall 26 arranged within liquid storage portion 20, Batista ¶ [0054]). Modified Bright does not teach a guide groove arranged in any one of the storage and the identification member and configured to guide a movement of the identification member; and a protrusion arranged on another one of the storage and the identification member and coupled to the guide groove.
Nakatsuka teaches a guide groove arranged in the storage and configured to guide a movement of the identification member (guide groove 25 formed in the inner wall surface of outlet tube 10 of mixing cylinder 8, Nakatsuka ¶ [0067]) and a protrusion arranged on the identification member and coupled to the guide groove (protrusion 24 formed on the outer peripheral portion of elastic partition wall 12 and received in guide groove 25, Nakatsuka ¶ [0067]).
Batista’s movable wall 26 and Nakatsuka’s elastic partition wall 12 are each movable partition members arranged within a fluid-containing storage. Batista ¶ [0054]. Nakatsuka ¶ [0063]. Nakatsuka is reasonably pertinent to the problem addressed by claim 5 because it teaches guiding and controlling movement of a movable partition wall relative to its surrounding container through engagement of a protrusion with a guide groove. Nakatsuka ¶ [0068]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide movable wall 26 of modified Bright and liquid reservoir 120 with Nakatsuka’s cooperating protrusion and guide groove to guide and control movement of the movable wall relative to the reservoir.
Claim 7 is rejected under 35 U.S.C. § 103 as being unpatentable over Bright et al. (US 2017/0172210 A1) in view of Batista et al. (US 2017/0172211 A1) and further in view of Yap et al. (US 2002/0077598 A1).
Regarding claim 7, modified Bright teaches the aerosol generating material discharge assembly of claim 2 as set forth above, including the identification member (movable wall 26 arranged within liquid storage portion 20, Batista ¶ [0054]). Modified Bright does not teach the identification member comprising a central portion and a peripheral portion, wherein a density of the central portion is greater than a density of the peripheral portion.
Yap teaches a movable reservoir piston comprising a central portion (insert 1201 positioned within piston member 1404, ¶ [0119]). Yap teaches that insert 1201 may be formed from stainless steel. ¶ [0124]. Yap further teaches a peripheral portion (the surrounding portion of piston member 1404 formed from rubber or another relatively flexible material, ¶ [0125]). Stainless steel has a greater density than rubber. Thus, Yap teaches the density of the central portion being greater than the density of the peripheral portion.
Batista teaches movable wall 26 arranged within liquid storage portion 20. Batista ¶ [0054]. Yap similarly teaches piston member 1404 slidably mounted within fluid reservoir 406 and forming a fluid-tight barrier therein. ¶ [0120]. Yap is reasonably pertinent to the problem addressed by claim 7 because it addresses deformation of a movable piston exposed to fluid back pressure. ¶ [0117]. Yap teaches that stainless-steel insert 1201 provides stiffness to the rubber reservoir piston assembly and reduces undesirable compliance associated with the reservoir. ¶ [0118].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to form movable wall 26 of modified Bright with Yap’s stainless-steel central insert and surrounding rubber peripheral portion to increase the stiffness of the movable wall and reduce deformation caused by fluid back pressure while retaining a flexible peripheral portion capable of forming a fluid-tight barrier within the liquid storage portion.
Claim 8 is rejected under 35 U.S.C. § 103 as being unpatentable over Bright et al. (US 2017/0172210 A1) in view of Batista et al. (US 2017/0172211 A1) and further in view of Witowski et al. (US 2006/0069356 A1).
Regarding claim 8, modified Bright teaches the aerosol generating material discharge assembly of claim 2 as set forth above, including the identification member having a central portion and a peripheral portion (movable wall 26, Batista ¶ [0054]). Modified Bright does not teach the peripheral portion having a coefficient of friction lower than a coefficient of friction of the central portion.
Witowski teaches a movable member having a central portion (core element 8) and a peripheral portion (ring element 11 surrounding core element 8, ¶ [0103]), wherein the peripheral portion has a coefficient of friction lower than a coefficient of friction of the central portion (lubricating material 22 applied to outer peripheral surface 21 of ring element 11, while core element 8 is not provided with the lubricating material, ¶ [0106]).
Batista’s movable wall 26 and Witowski’s plunger 3 are each movable members arranged within a fluid-containing storage. Batista ¶ [0054]. Witowski ¶ [0099]. Witowski is reasonably pertinent to the problem addressed by claim 8 because it addresses reducing friction between the peripheral portion of a movable fluid-contacting member and the surrounding container wall. Witowski teaches that the lubricating material applied to the peripheral ring allows the plunger to move easily within the syringe cylinder. Witowski ¶ [0024]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the peripheral portion of movable wall 26 in modified Bright with Witowski’s lubricating material so that the peripheral portion has a lower coefficient of friction than the central portion, thereby reducing resistance as the movable wall moves within liquid reservoir 120.
Conclusion
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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