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 and 3-15 are pending and subject to this Office Action. This is the First Action on the merits of the claims.
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, 3-9, and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu, et al (US20210084975A1).
Regarding claim 1, Xu teaches a vaporization device that includes a
housing
heating assembly (heater)
storage compartment
a first channel (air flow channel) with a first opening (inlet)
and a filter screen that covers the first opening (Abstract)
The prior art teaches that the air flows in through the opening at the distal end of the housing, into the vaporization chamber 75 at the lower portion of a heating assembly 73. Xu teaches the device has mouthpiece located at the proximal end of the device configured to allow the user to inhale the aerosol mixed with air that flows through the inlet passage as disclosed by dashed line P2. ([0076] , Fig 10, annotated figure 1 below)
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Annotated Figure 1.
Xu teaches that the filter screen comprises a plurality of micropores and allows for fluid communication between the outside atmosphere and the passage through the device. The filter screen is designed to block the condensed tobacco tar. [0058] The filter screen of the device is designed to allow air to pass through the screen, air permeable, while blocking fluid from being able to leave the device through the air inlet.
Regarding claim 3, look at Xu teaches an embodiment where the cartridge inlet tube has two openings, one of the openings, 761, being the inlet opening at the base of end cap and the other end where the air flows out from the inlet tube, 762. The second opening closer to the heating assembly may include a plurality of openings. [0074-0075] The plurality of openings are considered to read on the sub-inlets.
Regarding claim 4, Xu teaches the housing is connected to a bottom cap and the filter screen is located in the bottom cap. [0078] The prior art discloses multiple embodiments where the filter screen is located in the bottom cap, figures 4A, 4B, 5A, 12A, 12B, and 13.
Regarding claim 5, Xu teaches that the filter screen material includes a plurality of micropores. ([0059], Fig 6)
Regarding claim 6, Xu teaches an embodiment where the filter screen is located in the heating base of the housing between the opening and the heating assembly and is fixed into the opening using a ring. ([0080], Fig 13)
Regarding claim 7, Xu teaches that the filter screen can be in various shapes including circular shape, a semi-circular shape, a triangular shape, or a rectangular shape. [0059] The prior art teaches the filter screen covers the through hole, as discussed in claim 6. A person having ordinary skill would recognize that the through hole opening would need to be the same shape as the filter screen shape in order for the filter screen to be installed in the opening and fixed with the ring. The wall shape being the same shape as the filter screen is considered to read on the limitation of the wall shape conforming to the shape of the blocking element.
Regarding claims 8, Xu teaches a ring (retaining frame) can be used to fix the filter screen into the opening. [0079-0080]
Regarding claim 9, Xu teaches a ring (retaining frame) can be used to fix the filter screen int the opening. [0079-0080] Xu discloses that the filter screen is inserted in the opening and the ring is inserted into the same opening to hold the filter screen in place. (Fig 12A) A person having ordinary skill in the art would recognize that the ring would push against the peripheral walls in order to hold the filter screen in place.
Regarding claims 11 and 12, Xu teaches the housing has ejector pins 18 (electrode access passages) that allow the two pins of the heating assembly to extend through the ejector pins to form an electrical connection. ([0042], [0046], [0050], Figure 3)
Regarding claims 13-15, Xu discloses that the filter screen and the heater are both substantially planar and the filter screen is in a plane that is planar to the heating surface of the heating apparatus. (see annotated figure1)
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 Xu, et al (US20210084975A1) as applied to claim 1 above, and further in view of Saygili (WO2020115302A1).
Regarding claim 10, Xu teaches that the filter screen may be fixed/held in the opening using a ring. However, Xu is silent as to the ring interacts with the opening or the ring having an opening being the same cross-sectional area or a larger cross sectional area than the airflow inlet.
Saygili, directed to the design of aerosol generating system and cartridge with leak protection, teaches a cartridge having an air inlet, an airflow passage extending from the air inlet to the air outlet, and an filter located at the inlet configured to prevent liquid from leaking from the air inlet. (Abstract) Saygili teaches the inlet filter is clamped, using a ring structure, to the inlet end of the internal housing ((p 12 ln 9-10), Fig 2) In figure 2, Saygili discloses the clamping ring that is recessed into the housing such that the filter has the same cross-sectional area as the airflow inlet.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Xu by using a ring clam for the inlet filter portion that does not block the airflow path as taught by Saygili because both Xu and Saygili are directed to aerosol generating devices with leak prevention, Saygili teaches this assures the inlet filter allows sufficient air flow into the atomization chamber from the air inlet. (11 ln 34-35), and this involves the use of known technique to improve similar devices in the same way.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIRGINIA R BIEGER whose telephone number is (703)756-1014. The examiner can normally be reached M-Th: 7:30-4:30.
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/V.R.B./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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