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 Objections
Claim 61, 63, 65, 67 are objected to under 37 CFR 1.75(c) as being incomplete because it depends from a cancelled claim. See MPEP § 608.01(n). For the purpose of this Office Action said claim has been treated as if depending from claim 57. Appropriate correction is required.
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 65 is 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.
Regarding claim 65, the recitation “said heating surface of said heater” lacks proper antecedent basis. Claim 57 recites a “heating region” of the heater, but does not recite a “heating surface.” Therefore, it is unclear whether “said heating surface” refers to the heating region of claim 57 or to another surface of the heater.
For purposes of continued examination, “said heating surface” is interpreted as referring to the heating region of the heater recited in claim 57.
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 57–67 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Lipowicz (US 2016/0109115 A1).
Regarding claim 57, Lipowicz teaches:
an aerosol-generation apparatus (portion of electronic vaping device 60) (¶ [0041]);
a heater (magnetic, electrically conductive and resistive heater element 99) (¶ [0041]); and
a fluid-transfer article (reservoir component 70 including reservoir 22 and wick 28) (¶ [0046]), the fluid-transfer article comprising:
a reservoir for holding an aerosol precursor (reservoir 22 holding pre-vapor formulation) (¶ [0046]); and
a wick arranged and configured to receive aerosol precursor from the reservoir (wick 28 extending into reservoir 22 and drawing pre-vapor formulation therefrom) (¶ [0046]);
the wick making abutting unbonded contact with a heating region of the heater (wick 28 directly contacting the sinusoidal portion of magnetic heater element 99, the sinusoidal portion constituting the heating region of heater element 99) (¶ [0079]).
Lipowicz teaches wick 28 is carried by reservoir component 70, while heater element 99 is carried by separate power-supply component 72 (¶ [0078]). The instant Specification explains that unbonded contact occurs where the wick abuts the heater without being attached thereto (Spec. ¶ [0092]). Lipowicz teaches such contact because wick 28 directly contacts heater element 99 without any disclosed attachment between wick 28 and heater element 99;
the heating region of the heater being flexible, thereby deformable due to contact between the wick and the heating region (the sinusoidal portion of magnetic heater element 99 extending along transverse portion 228 of wick 28) (¶ [0079]). The sinusoidal portion includes successive bends extending along wick 28 and is therefore capable of flexing when wick 28 contacts heater element 99; and
the fluid-transfer article and the heater being separable (reservoir component 70 including reservoir 22 and wick 28, which is disposable or removable separately from reusable power-supply component 72 including heater element 99) (¶ [0074]).
Regarding claim 58, Lipowicz teaches the heating region of the heater is resilient (the sinusoidal portion of magnetic heater element 99) (¶ [0079]). The successive bends of the sinusoidal heating region permit elastic deflection upon contact with wick 28 and return of the heating region toward its original configuration.
Regarding claim 59, Lipowicz teaches the heating region of the heater is convoluted (the sinusoidal portion of magnetic heater element 99) (¶ [0079]).
Regarding claim 60, Lipowicz teaches the wick is U-shaped (wick 28 having opposed arms and transverse portion 228 forming the base of the U-shape) (Fig. 4), wherein the base of the U-shape makes unbonded contact with the heating region (transverse portion 228 of wick 28 directly contacting the sinusoidal portion of heater element 99) (¶ [0079]).
Regarding claim 61, Lipowicz teaches a sealing member sealing said reservoir (first seal 15 sealing the annular space forming reservoir 22) (¶ [0051]) and said wick extending through said sealing member (first and second end portions 29 and 31 of wick 28 extending longitudinally through first seal 15 into reservoir 22) (¶ [0063]).
Regarding claim 62, Lipowicz teaches both arms of said U-shape extending through said sealing member (first and second end portions 29 and 31, which are the opposed arms of U-shaped wick 28, extending longitudinally through first seal 15 into reservoir 22) (¶ [0063]; Fig. 4).
Regarding claim 63, Lipowicz teaches the wick is flexible (wick 28 constructed of a flexible, filamentary material) (¶ [0056]).
Regarding claim 64, Lipowicz teaches the wick is made of a cord material (wick 28 formed from a plurality of filaments wound together into bundles or strands) (¶ [0056]).
Regarding claim 65, Lipowicz teaches the heating surface of the heater is located in an air-flow pathway (magnetic heater element 99 located at central air passage 20) (¶ [0065]).
Regarding claim 66, Lipowicz teaches an aerosol-delivery system (electronic vaping device 60) (¶ [0041]) comprising an aerosol-generation apparatus according to claim 57 (reservoir component 70 including reservoir 22 and wick 28, together with power-supply component 72 including magnetic heater element 99) (¶ [0078]), and:
a carrier having a first housing containing the reservoir and supporting the wick (outer housing 6 of reservoir component 70 containing reservoir 22 and supporting wick 28) (¶ [0041]);
a second housing containing the heater (outer housing 6′ of power-supply component 72 containing heater element 99) (¶ [0041]); and
the first and second housings being separable (reservoir component 70 removably separable from power-supply component 72) (¶ [0074]).
Regarding claim 67, Lipowicz teaches:
the second housing has an inlet (air inlet 44 at power-supply-side housing 6′) (¶ [0041]);
the first housing has an outlet (vapor outlet 24 at reservoir-component housing 6) (¶ [0041]); and
the air-flow pathway extends to the inlet and the outlet (central air passage 20 communicating with air inlet 44 and vapor outlet 24) (¶ [0041]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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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.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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