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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “109” found on page 12 line 10, directed towards memory. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “420” and “422” found in figure 4, and “616” found in figure 6. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 6 – 8 and 10 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180049466 A1 (Cyphert), and further in view of US 20140270726 A1 (Egoyants).
Regarding claim 1, Cyphert teaches an electronic cigarette (10) (paragraph 26; figure 1 & 2) comprising a universal bulb-encased heating device (2220) (paragraph 50; figures 3, 3A – 3D). The bulb can be fashioned with one or more reservoirs (236) disposed thereon, the reservoir configured to receive and retain inhalation (smoking) material such as fluid (e-liquid), concentrate (waxes) dry material (herbal material, tobacco) in order to eliminate any complex wicking systems and put the inhalation material directly in contact with the bulb (230) in a secure manner (paragraph 60; figures 3E – 3J). Figures 3H – 3J further show the universal bulb-encased heating device partly circumscribing the lower portion of the reservoir. The universal bulb-encased heating device reads on the claim limitation of an enclosure while the reservoirs read on the claim limitation of the cavity. Additionally, figures 3E – 3J of Cyphert show a major portion of the perimeter of the cavities facing away from the heating element. And a line extending through the axial center of the cavity would not necessarily intersect the heating element (shown below).
[AltContent: textbox (Figure 1 – figures 3E – 3J of Cyphert. Major portion of reservoir facing away from heating element outlined in grey, line extending from axial center of reservoir in black. )]
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Cyphert does not teach a heating element in a halogen-filled enclosure. Egoyants teaches an aerosol generating device comprising an infra-red (IR) heater (3) such as a halogen-IR lamp (paragraph; 57; figures 2 & 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heating bulb of the electronic cigarette of Cyphert with the infra-red halogen heat lamp of Egoyants, with reasonable expectation of success because Egoyants teaches that the mass of the IR-heater may be 20-30% less than the mass of a ceramics heater having an equivalent heating power output. The IR heater also has low thermal inertia and therefore is able to heat the smokable material very rapidly in response to an activation stimulus (paragraph 57).
Regarding claim 4, figures 3H – 3J of Cyphert teach that a major portion of the perimeter of the reservoirs subtend an angle greater than or equal to 270˚ (see figure one of office action above – major portion highlighted in grey).
Regarding claim 6, figures 3H – 3J of Cyphert teach that the bottom portion of the reservoir is defined by the bulb-encased heating device (see figure 1 of office action above).
Regarding claim 7, the walls of the reservoirs shown in figures 3H – 3J of Cyphert read on the claim limitation of a chamber defining the cavity. Additionally, the bulb-encased heating device partly circumscribes the chamber (see figure 1 of office action above).
Regarding claim 8, figures 3H – 3J of Cyphert teach that the reservoirs and bulb-encased heating device are in direct contact
Regarding claim 10, figures 3E – 3J of Cyphert teach that an outer wall of the bulb-encased heating device has an indented portion. Figures 3H – 3J of Cyphert teach that the indented portion partly circumscribes the reservoir.
Regarding claim 11, figures 3E, 3F, 3H and 3I of Cyphert teach that the outer wall of the bulb-encased heating device has an indented portion, and that indented portion has an arc angle of 180˚.
Regarding claim 12, figures 3H – 3J of Cyphert show the blub-encased heating device and reservoirs. The wall surrounding the bulb-encased heating element reads on the claim limitation of an outer wall, while the wall separating the reservoir from the bulb-encased heating element reads on the claim limitation of the inner wall surrounded by the outer wall. Both the outer wall and inner wall define the bulb-encased heating device. And the inner wall circumscribes the bottom of the reservoir. See figure 2 of office action below.
[AltContent: textbox (Figure 2 – figure 3H of Cyphert. The outer wall of the bulb-encased heater element is highlighted in black while the inner wall is highlighted in grey. The inner wall is surrounded by the outer wall and circumscribes the reservoir. And both the outer wall and inner wall define the bulb-encased heater element)]
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Regarding claim 13, Cyphert teaches that the bulb can be fashioned with one or more reservoirs disposed thereon (paragraph 60). One reservoir could be placed at the at the axial center of the bulb-encased heating device. However, two reservoirs would require the reservoirs to be placed in separate positions, thus moving at least one off the axial center of the bulb-encased heating device causing a lateral offset of the axial center of the reservoir from the axial center of bulb-encased heating element.
Regarding claim 14, Cyphert teaches that with the heating device (2220) in electrical communication with a power source, the heating element (225) will heat up and, in turn, heat the bulb (230). Once adequate temperature levels are reached, inhalation (smoking) material such as fluid (e-liquid), concentrates (waxes), dry material (herbal material, tobacco) coming in contact with the surface of the bulb will vaporize into a vapor or like material suitable for inhalation (paragraph 57; figures 3 – 3J)
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over US 20180049466 A1 (Cyphert) and US 20140270726 A1 (Egoyants) as applied to claim 1 above, and further in view of US 20230091269 A1 (Newton).
Cyphert modified by Egoyants teaches an aerosol delivery article as described in claim 1. Cyphert modified by Egoyants does not teach that the article is an aerosol delivery component comprising the aerosol former configured for engagement with a vaping device. Newton teaches a personal vaporizer (100) which includes a body portion (102), cartridge (104), and mouthpiece (106) (paragraph 15; figure 1). The cartridge (104) includes an atomization chamber (114), through which air flows past a heating element and a wick that is exposed to a substance to be atomized. The cartridge (104) further includes a reservoir that contains the substance to be atomized (paragraph 18; figure 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the aerosol delivery article of Cyphert modified by Egoyants into a cartridge for insertion into a vaporizer as described by Newton, with reasonable expectation of success, because exchangeable cartridges allow the user to easily switch between flavors and aerosol sources, and allow for convenient refilling when aerosol generating material is spent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brendon Juengst whose telephone number is (571)272-8750. The examiner can normally be reached Mon-Fri 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDON THOMAS JUENGST/ Examiner, Art Unit 1749
/KATELYN W SMITH/ Supervisory Patent Examiner, Art Unit 1749
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