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
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 16, 19, 23, 24, 26, and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 20120034933, with English machine translation).
Regarding claim 16, Kim discloses a replaceable cartridge (combination of second and third bodies 2, 3) comprising:
- a liquid storage portion comprising a liquid aerosol-forming substrate (liquid storage portion 31, [0027,0030]);
- a vaporizer configured to vaporize the liquid aerosol-forming substrate, the vaporizer comprising a wick configured to absorb the liquid aerosol-forming substrate (see vaporizer 20, with heating coil 22 and liquid inducer 21; [0027]);
- a thermo-chromatic and thermo-conductive element in thermal contact with the vaporizer, the thermo-chromatic and thermo-conductive element having a temperature threshold beyond which the thermo-chromatic and thermo-conductive element performs a chromatic change (see temperature rise identification member 40 provided on outer surface of vaporizer 20 and made of thermochromic sticker or ink, configured to change color when temperature rises to 40C or higher [0028-0029,0036]; the outer surface of the body 2 having the thermos-chromatic sticker/ink 40 is construed as the element, temperature is transmitted to the member provided on the body surface, thus is thermo-conductive);
- a cartridge air inlet (through hole 2a for air to flow in, [0027]);
- a cartridge air outlet, the cartridge air inlet and the cartridge air outlet being arranged to define an air flow route between the cartridge air inlet and the cartridge air outlet, the cartridge air outlet being configured to allow the exit of vaporized liquid aerosol-forming substrate (suction hole 32a for outlet, with flow passage 3b through which vaporized smoke flows, [0030],
wherein the thermo-chromatic and thermo-conductive element comprises a main body (Kim discloses a thermochromic sticker or ink 40 provided on surface of body 2, [0028]--the recitation of "main body" does not require any particular structure; here, the element is construed as comprising body 2 with sticker/ink provided thereon wherein body 2 is the main body).
Regarding claim 19, Kim discloses layer of ink printed on the main body ([0028]).
Regarding claim 23, the recitation of "absorbing material" is very broad. The material inherently is capable of absorbing heat and is thus construed as an absorbing material.
Regarding claim 24, the wick comprises a peripheral wall and the thermochromatic/thermoconductive element is disposed at least partially around the peripheral wall (body 2 with sticker/ink 40 is disposed around the liquid inducer).
Regarding claim 26, Kim discloses an aerosol generating system comprising the cartridge of claim 16 (see above) and a reusable aerosol-generating device comprising a power supply configured to provide power to the vaporizer (see first body 1 with battery 12, [0032]).
Regarding claim 27, Kim discloses a control unit (see microchip and circuit board ([0032-0033]).
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.
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20120034933, with English machine translation) as applied to claim 16 above, and further in view of Hon (WO 2013/155645).
Regarding claim 17, Kim discloses an air flow route with cartridge air outlet disposed at a downstream end of the air passageway (see 32a). Kim does not disclose the liquid storage portion as annular with the air passageway being surrounded by the liquid storage portion; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the liquid storage portion and air passageway as claimed since Hon, similarly directed towards an aerosol generating device, teaches that an air passageway aligned with a central opening extending through a liquid storage is an art recognized alternative to air flowing around the outside of the liquid storage ([0004,0021]). Both constructions serve the same purpose of providing for liquid supply and air flow through the device.
Regarding claim 18, the vaporizer is disposed at an upstream end of the passageway (see Fig. 3).
Claims 22, 28, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20120034933, with English machine translation) as applied to claim 16 above, and further in view of Lim (KR 20210011847, with English machine translation).
Regarding claim 22, Kim does not disclose the wick as comprising a thermo-conductive material; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date to employ a thermo-conductive material since Lim, similarly directed towards an aerosol generating device, discloses a liquid delivery means can be made of ceramic fibers or porous ceramics ([0042]; ceramics are thermo-conductive materials). One would have been motivated to employ a conventional material known to be suitable for a vaporizer wick.
Regarding claims 28 and 29, Kim does not disclose the control unit as configured to determine or estimate the temperature of the vaporizer and to stop the supply of power from the power supply to the vaporizer or sound an alarm when the determined or estimated temperature exceeds a pre-determined threshold; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the controller as claimed since Lim, similarly directed towards an aerosol generating device, discloses providing a temperature sensing sensor that generates temperature measurements and provides it to the control unit, said temperature indicative of when to replace the aerosol generating material, and that the control unit generates a sound to notify the user of the time to replace the material and cuts off power before a burnt taste occurs ([0070-0076]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20120034933, with English machine translation) as applied to claim 16 above, and further in view of Rogan (US 20200281254).
Regarding claim 25, Kim does not disclose the chromatic change as irreversible; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date to do so since Rogan, similarly directed towards an aerosol generating device, discloses providing thermochromic ink that irreversibly becomes transparent to indicate that the consumable has been exposed to a temperature exceeding a temperature threshold ([0016,0045]).
Allowable Subject Matter
Claims 20 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record is represented by Kim (KR 20120034933). Kim discloses a sticker or ink provided on the body of a vaporizer wherein the sticker/ink changes color with temperature. Regarding claim 20, Kim does not further teach or suggest the main body comprises a porous ceramic. Regarding claim 21, Kim does not further teach or suggest the thermos-chromatic and thermos-conductive element comprises a porous layer, the porous layer comprising a temperature sensitive material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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