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 .
Status of the Claims
Claims 1-14 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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 8-12 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.
Claim 8 recites the limitation “the guiding member” on ln 2. As Claim 8 depends on cancelled Claim 5, there is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted the claim as depending from Claim 1, and including the limitation of Claim 6, which includes the first recitation of a guiding member: “wherein the mouthpiece comprises a guiding member arranged in the airflow path of the mouthpiece, wherein the guiding member is configured to guide liquid components condensed from the airflow in a direction towards the main heating element, wherein the guiding member is cone-shaped, and wherein a tip of the cone-shaped guiding member faces in a direction towards the main heating element”. Claims 10-12, which depend on Claim 8, are similarly rejected by virtue of dependency.
Claim 9 recites the limitation “the guiding member” on ln 2. As Claim 9 depends on cancelled Claim 5, there is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted the claim as depending from Claim 1, and including the limitation of Claim 6, which includes the first recitation of a guiding member: “wherein the mouthpiece comprises a guiding member arranged in the airflow path of the mouthpiece, wherein the guiding member is configured to guide liquid components condensed from the airflow in a direction towards the main heating element, wherein the guiding member is cone-shaped, wherein a longitudinal axis of the cone- shaped guiding member is arranged in parallel to a longitudinal axis of the aerosol-generating system, wherein a base of the cone-shaped guiding member is directed towards a proximal end of the aerosol-generating system, and wherein the cone-shaped guiding member is hollow and divides the airflow path of the mouthpiece into a downstream airflow chamber arranged within the hollow cone-shaped guiding member and an upstream airflow chamber surrounding the hollow cone- shaped guiding member”.
Claim 10 recites the limitation “the hollow cone-shaped guiding member” on ln 2; and the limitation “the upstream airflow chamber and the downstream airflow chamber” on ln 3. There is insufficient antecedent basis for these limitations in the claim. For examination purposes, examiner has interpreted the claim to recite: “wherein the guiding member is cone-shaped, wherein the cone-shaped guiding member is hollow and divides the airflow path of the mouthpiece into a downstream airflow chamber arranged within the hollow cone-shaped guiding member and an upstream airflow chamber surrounding the hollow cone-shaped guiding member, wherein the hollow cone-shaped guiding member comprises one or more apertures arranged to fluidly connect the upstream airflow chamber and the downstream airflow chamber”.
Claim 11 recites the limitation “the base of the hollow cone-shaped guiding member” on ln 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted the claim to recite: “wherein the cone-shaped guiding member is hollow, wherein a base of the hollow cone-shaped guiding member comprises an aperture configured as an airflow outlet port”.
Claim 12 recites the limitation “the upstream airflow chamber” on ln 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted the claim to recite: “wherein the cone-shaped guiding member is hollow and divides the airflow path of the mouthpiece into a downstream airflow chamber arranged within the hollow cone-shaped guiding member and an upstream airflow chamber surrounding the hollow cone-shaped guiding member, wherein the auxiliary heating element is arranged within the upstream airflow chamber”.
Examiner’s Comment
Claims 8-12 appear to be confusing due to dependency errors and antecedent basis issues as discussed above. For improved clarity, the Examiner recommends the following amendments:
8. The aerosol-generating system according to claim 6, wherein the guiding member is cone-shaped, and wherein a tip of the cone-shaped guiding member faces in a direction towards the main heating element.
9. The aerosol-generating system according to claim 6, wherein the guiding member is cone-shaped, wherein a longitudinal axis of the cone- shaped guiding member is arranged in parallel to a longitudinal axis of the aerosol-generating system, wherein a base of the cone-shaped guiding member is directed towards a proximal end of the aerosol-generating system, and wherein the cone-shaped guiding member is hollow and divides the airflow path of the mouthpiece into a downstream airflow chamber arranged within the hollow cone-shaped guiding member and an upstream airflow chamber surrounding the hollow cone-shaped guiding member.
10. The aerosol-generating system according to claim 9, wherein the hollow cone-shaped guiding member comprises one or more apertures arranged to fluidly connect the upstream airflow chamber and the downstream airflow chamber.
11. The aerosol-generating system according to claim 9, wherein the base of the hollow cone-shaped guiding member comprises an aperture configured as an airflow outlet port.
12. The aerosol-generating system according to claim 9, wherein the auxiliary heating element is arranged within the upstream airflow chamber
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.
Claims 1-4, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Biel (US 2020/0253272 A1, cited on the IDS dated 3/1/2024) in view of Capone (US 2024/0373940 A1).
Regarding Claim 1, Biel, directed to electronic smoking devices ([0002]), teaches an aerosol-generating system comprising a main unit and a mouthpiece ([0013]-[0014], [0032]-[0038], Fig. 2-3; E-cigarette 10 (aerosol generating system) comprises a battery portion 12 and atomizer/liquid reservoir portion 14 (main unit). E-cigarette 10 comprises a mouthpiece 114),
the main unit comprising a main heating element for heating an aerosol-forming substrate ([0018], Fig. 2; Atomizer/liquid reservoir portion 14 (main unit) comprises an atomizer 26 including a heating coil 28 (main heating element) for heating a liquid (aerosol-forming substrate) to form an aerosol);
the mouthpiece comprising an airflow path and an auxiliary heating element ([0035]-[0038], Fig. 3; Mouthpiece 114 comprises a central passage 132 forming an airflow path for the aerosol, and a tempering element 50 (heating coil/auxiliary heating element) arranged around the central passage 132),
wherein the main heating element and the auxiliary heating element are configured to be separately controllable ([0018], The control electronics 22 are also connected to an atomizer 26; and [0022], In response to a signal generated by an airflow sensor 24, control electronics 22 activate the heating coil 28; and [0028], the tempering element 50 is connected to the control electronics 22 in parallel to the atomizer 26; and [0034], mouthpiece 114 can be connected to the control electronics 22. It is reasonably understood that heating coil 28 (main heating element) and tempering element 50 (auxiliary heating element) are configured to be separately controllable), and
wherein the aerosol-generating system further comprises a temperature sensor ([0047], In one embodiment, the tempering element may be operated if the atomizer is operated and an additional condition is met. The additional condition may be a temperature measured in the central passage not exceeding a threshold temperature. In order to measure a temperature, there must be a temperature sensor); and
a controller in electrical connection with the temperature sensor and the auxiliary heating element ([0018], The control electronics 22 (controller) are also connected to an atomizer 26; and [0034], mouthpiece 114 (comprising the aux heating element) can be connected to the control electronics 22. [0047], In order to control activation of the tempering element 50 in response to a detected temperature, the temperature sensor must be connected to the control electronics 22),
wherein the controller is configured to activate the auxiliary heating element in dependence of a temperature sensed by the temperature sensor ([0047]),
but does not teach the aerosol-generating system wherein the temperature sensor is an ambient temperature sensor.
Capone, directed to electronic smoking devices ([0001]), teaches an aerosol-generating system comprising a mouthpiece ([0059]-[0063], Fig. 1-2; Inhaler 2 (aerosol generating system) comprises a mouthpiece 1),
the mouthpiece comprising a temperature sensor, wherein the temperature sensor is an ambient temperature sensor ([0074], [0078], Fig. 1-3; Mouthpiece 1 comprises an ambient temperature sensor 9c for determining a temperature 16e in the environment 36 of the mouthpiece 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the ambient temperature sensor of Capone in the place of the temperature sensor of Biel because Biel and Capone are directed to electronic smoking devices, Capone demonstrates that an ambient temperature sensor is capable of determining a temperature in the environment of the mouthpiece (Capone, [0078]), and this involves replacing one temperature sensor with another prior art temperature sensor to yield predictable results.
Regarding Claim 2, Biel in view of Capone teaches the aerosol-generating system according to claim 1. Biel further teaches the system wherein the mouthpiece is replaceable ([0032]-[0038], Fig. 2-3; Mouthpiece 114 is configured to attach to and detach from atomizer/liquid reservoir portion 14. It is reasonably understood that the mouthpiece 114 is necessarily capable of being replaced).
Regarding Claim 3, Biel in view of Capone teaches the aerosol-generating system according to claim 1. Biel further teaches the system wherein the auxiliary heating element is configured for heating at least a portion of the airflow path of the mouthpiece, preferably, wherein the auxiliary heating element is located within the airflow path of the mouthpiece ([0035]-[0038], Fig. 3; Mouthpiece 114 comprises a central passage 132 forming an airflow path for the aerosol, and a tempering element 50 (heating coil/auxiliary heating element) arranged around the central passage 132 for heating at least a portion of the airflow path of the mouthpiece).
Regarding Claim 4, Biel in view of Capone teaches the aerosol-generating system according to claim 1. Biel further teaches the system wherein the auxiliary heating element is a resistive heating element ([0035]-[0038], Fig. 3; Tempering element 50 is a heating coil (resistive heating element).
Regarding Claim 13, Biel in view of Capone teaches the aerosol-generating system according to claim 1. Biel further teaches the system wherein the main unit comprises a liquid storage portion comprising a liquid aerosol-forming substrate, and wherein the main heating element is configured for heating the liquid aerosol-forming substrate ([0018]-[0020], Fig. 2; Atomizer/liquid reservoir portion 14 (main unit) comprises liquid reservoir 34 (liquid storage portion) housing a liquid aerosol-forming substrate; and an atomizer 26 including a heating coil 28 (main heating element) for heating a liquid (aerosol-forming substrate) to form an aerosol).
Regarding Claim 14, Biel teaches a mouthpiece for an aerosol-generating system according to claim 1 ([0035]-[0038], Fig. 3; Mouthpiece 114 has been modified in view of Capone to yield the mouthpiece of Claim 1).
Claims 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over Biel (US 2020/0253272 A1, cited on the IDS dated 3/1/2024) in view of Capone (US 2024/0373940 A1) as applied to Claim 1, and further in view of Chen (CN 111700312 A, English Translation) and Zinovik (US 2019/0230986 A1).
Regarding Claims 6-7, Biel in view of Capone teaches the aerosol-generating system according to claim 1, but does not teach the system wherein the mouthpiece comprises a guiding member arranged in the airflow path of the mouthpiece, wherein the guiding member is configured to guide liquid components condensed from the airflow in a direction towards the main heating element, wherein a surface of the guiding member comprises a hydrophobic material.
Chen, directed to electronic smoking devices ([0002]), teaches an aerosol-generating system ([0037]-[0038], Fig. 1 shows an electronic cigarette comprising a heating element 21 configured to aerosolize an e-liquid) comprising
a main heating element for heating a liquid aerosol-forming substrate to form an aerosol ([0037]-[0038], Fig. 1; Electronic cigarette comprising a heating element 21 configured to aerosolize an e-liquid);
a mouthpiece comprising an airflow path through which the aerosol may flow ([0037]-[0038], Fig. 1-4; Mouthpiece 30 comprises an airflow path through which an aerosol may flow); and
a guiding member arranged in the airflow path, wherein the guiding member is configured to guide liquid components condensed from the airflow in a direction towards the main heating element ([0041]-[0044], Fig. 1-4; Mouthpiece 30 comprises first housing 33 defining a return chamber 31 and a second housing 34 (guiding member) defining the exhaust pipe 32. Air is configured to flow through the return chamber 31, through an inlet of second housing 34, through exhaust pipe 32 to reach the outlet at the proximal end of the mouthpiece. Second housing 34 (guiding member) is arranged in the airflow path of mouthpiece 30. As the second housing 34 includes downwardly sloping surfaces relative to the longitudinal axis of the mouthpiece 30 which are angled toward heating element 21, it is reasonably understood that the second housing 34 (guiding member) is necessarily capable of guide liquid components condensed from the airflow in a direction towards the main heating element 21. The second housing 34 (guiding member) has an analogous truncated cone shape as compared the exemplary cone shaped guiding member 28 of Figs. 1-3 of the specification; see instant spec, pg 12, ln 12-26, Figs. 1-3).
Zinovik, directed to electronic smoking devices ([0002]-[0004]), teaches an aerosol-generating system ([0050], Fig. 1; Aerosol-generating device 10) comprising
a main heating element for heating a liquid aerosol-forming substrate ([0050], Fig. 1; Aerosol-generating device 10 comprises atomizer 24 for heating a liquid aerosol-forming substrate 22);
a mouthpiece comprising an airflow path through which an aerosol may flow ([0050], Fig. 1; Aerosol-generating device 10 comprises mouthpiece 18; and [0052]-[0055], Figs. 2A-2E show that mouthpiece 18 defines an airflow path through flow channel 25, the opening 44, opening 46, and out of an outlet at the proximal end 16 of the mouthpiece 18); and
a guiding member arranged in the airflow path, wherein the guiding member is configured to guide liquid components condensed from the airflow in a direction towards the main heating element ([0052]-[0055], Figs. 2A-2E; A duckbill valve 26 (guiding member) is arranged in the airflow path. The opposing sides 40 and 40′ of the nozzle 38 reduce and/or prevent liquid such as e-liquid or condensed aerosol escaping through the valve 26. The duckbill valve 26 includes an inner coating 48 covering substantially the entirely of the inner wall 50 of the nozzle 38. The inner coating 48 is a hydrophobic coating which repels liquid, such as e-liquid or condensed aerosol. As the inner surfaces of the valve 26 are coated with a hydrophobic coating and are configure to prevent a condensed liquid from escaping the opening 46 of the valve 26, it is reasonably understood that the valve 26 behaves as a guiding member capable of directing liquid components condensed from the airflow in a direction towards the main heating element (downwards/away from the proximal end 16)),
wherein a surface of the guiding member comprises a hydrophobic material ([0052]-[0055], Figs. 2A-2E; A duckbill valve 26 is arranged in the airflow path. The opposing sides 40 and 40′ of the nozzle 38 reduce and/or prevent liquid such as e-liquid or condensed aerosol escaping through the valve 26. The duckbill valve 26 includes an inner coating 48 covering substantially the entirely of the inner wall 50 of the nozzle 38. The inner coating 48 is a hydrophobic coating which repels liquid, such as e-liquid or condensed aerosol).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system of Biel wherein the mouthpiece comprises the guiding member of Chen arranged in the airflow path of the mouthpiece, wherein the guiding member is configured to guide liquid components condensed from the airflow in a direction towards the main heating element, because Biel, Chen, and Zinovik are directed to electronic smoking devices, Zinovik demonstrates that a guiding member having sloped surfaces and at least one aperture can prevent liquid condensed from an aerosol from exiting the mouthpiece and entering the mouth of the user (Zinovik, [0052]-[0055], Figs. 2A-2E), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system of Biel wherein a surface of the guiding member comprises a hydrophobic material Zinovik demonstrates that the hydrophobic material repels liquid, such as e-liquid or condensed aerosol (Zinovik, [0052]-[0055], Figs. 2A-2E), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 8-11, Biel in view of Capone, Chen, and Zinovik teaches the aerosol-generating system according to claims 1 and 7. Chen further teaches the system wherein the guiding member has a truncated cone shape ([0041]-[0044], Figs. 1-4; Second housing 34 (guiding member) has a truncated cone shape), and
wherein a tip of the guiding member faces in a direction towards the main heating element ([0041]-[0044], Figs. 1-4; A tip of second housing 34 (guiding member) faces in a direction towards the heating element 21),
wherein a longitudinal axis of the guiding member is arranged in parallel to a longitudinal axis of the aerosol-generating system ([0041]-[0044], Figs. 1-4; A longitudinal axis of the second housing 34 (guiding member) is arranged in parallel to a longitudinal axis of the electronic cigarette (aerosol-generating system)),
wherein a base of the guiding member is directed towards a proximal end of the aerosol-generating system ([0041]-[0044], Figs. 1-4; A base of the second housing 34 (guiding member) is directed towards a proximal end of the electronic cigarette),
wherein the guiding member is hollow and divides the airflow path of the mouthpiece into a downstream airflow chamber arranged within the hollow guiding member and an upstream airflow chamber surrounding the hollow guiding member ([0041]-[0044], Figs. 1-4; The second housing 34 (guiding member) is hollow and divides the airflow path of the mouthpiece 30 into an exhaust pipe 32 (downstream airflow chamber) arranged within the hollow second housing 34 and a return chamber 31 (upstream airflow chamber) surrounding the hollow second housing 34),
wherein the hollow guiding member comprises one or more apertures arranged to fluidly connect the upstream airflow chamber and the downstream airflow chamber ([0041]-[0044], Figs. 1-5; The hollow second housing 34 (guiding member) comprises one or more apertures as shown in Figs. 4-5 arranged to fluidly connect the return chamber 31 (upstream airflow chamber) and the exhaust pipe 32 (downstream airflow chamber))
wherein the base of the hollow guiding member comprises an aperture configured as an airflow outlet port ([0041]-[0044], Figs. 1-4; The base of the hollow second housing 34 (guiding member) comprises an aperture configured as an airflow outlet port),
but does not teach the system wherein the guiding member is cone-shaped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the wherein the guiding member is cone-shaped because Chen discloses that the hollow guiding member has a truncated cone shape (Chen, [0041]-[0044], Figs. 1-4), and changing the cross section of the hollow guiding member from a truncated cone shape to a cone shape constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Regarding Claim 12, Biel in view of Capone, Chen, and Zinovik teaches the aerosol-generating system according to claim 8, but does not teach the system wherein the auxiliary heating element is arranged within the upstream airflow chamber.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to arranged the auxiliary heating element within the upstream airflow chamber because Biel states that the auxiliary heating element is arranged around within the mouthpiece surrounding an airflow path ([0035]-[0038], Fig. 3; Mouthpiece 114 comprises central passage 132 forming an airflow path, and tempering element 50 (aux heating element) arranged around central passage 132), and Chen demonstrates that the mouthpiece comprises an upstream airflow chamber and a downstream airflow chamber (Chen, [0041]-[0044], Figs. 1-4). As there are only a finite number of options (2) presented for the chamber in which the auxiliary heating element can be arranged, one of ordinary skill in the art would have had a reasonable expectation of success by selecting from this finite list of options, and thus it would have been obvious to try arranging the auxiliary heating element within the upstream airflow chamber, as claimed, because there are a finite number of identified, predictable solutions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755
/ERIC YAARY/Examiner, Art Unit 1755
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