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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed on 3/22/2024 has been considered by the Examiner.
Drawings
Figures 23 and 24 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. Pg. 25 of the instant specification states that both of the arrangements of Fig. 23 and Fig. 24 are known baffles, such that nothing new or inventive is shown. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Lord (WO2020200650A1).
Regarding claim 1, Lord teaches a smoking substitute apparatus (see title, Figs. 1A-1C and 3A-3B) for delivery of an aerosol to a user drawing air through the apparatus (smoking substitute device allows the user to similar the act of smoking by producing an aerosol [pg. 1 lines 6-36]),
an air inlet (air inlet “134” [Fig. 3A]),
an outlet (the outlet through the mouthpiece “136” through which aerosol enters the user is considered the outlet [Figs. 3A-3B]),
an air flow path between the air inlet and the outlet (see Fig. 3A, wherein air enters the air inlet “134”, travels upwards and leaves through the mouthpiece outlet of the device),
a chimney in fluid communication with the air flow path (the passage “140” is considered the chimney. As in Figs. 3A-3B, the passage connects the mouthpiece outlet with the vaporizer 136, such that air would necessarily travel through the passage from the air inlet to the outlet),
a vaporization chamber having an aerosol generator configured to generate an aerosol from an aerosol precursor (as in Figs. 3A-3B, vaporizer “132” is configured to heat and vaporize the e-liquid in the tank “106”. The vaporizer includes a heating filament and a wick. [pg. 11 lines 15+]),
the chimney being positioned such that in use aerosol generated by the aerosol generator flows through the chimney to the outlet (the aerosol travels from the vaporizer through the passage to the outlet [pg. 13 line 29 – pg. 14 line 13, Figs. 3A-3B]),
the aerosol generator comprising an elongate heater having a major axis (heater filament “164” is wrapped around the porous wick “162”, Fig. 3A. The major axis is considered to be from left/right in Figs. 3A-3B),
the vaporization chamber also having an elongate baffle positioned between the aerosol generator and the chimney entrance (see baffle “172” as in Figs. 3A-3B. the baffle is clearly located above the vaporizer “132” and is located below the inner portion of the passage “140”), the baffle partially occluding the chimney entrance and oriented in a direction parallel to the major axis of the heater (as in Figs. 3A-3B, the baffle “172” clearly partially occludes/blocks the chimney entrance “140”, and it extends in a left/right direction such that it clearly extends along a major axis of the heater. The baffles presence causes for the airflow from the vaporizer to be redirected around the baffle [pg. 14 liens 1+]).
An annotated Fig. 3A is included below to help facilitate discussion. The dotted lines are included to show the expected air flow path during usage of the device, as indicated by Lord.
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Regarding claim 2, Lord teaches an apparatus wherein the baffle bifurcates the air flow path around the baffle, and where the air paths after converge (“Where the baffle comprises two sloped surfaces, the baffle may comprise two corresponding upstream edges that at least partly define two corresponding apertures (e.g. between the upstream edges and corresponding wall(s) of the chamber). In this way, the airflow path may be bifurcated so as to comprise two respective branches, each extending through a respective apertures (and between the sloped surfaces and the vaporising chamber wall(s)” [pg. 4 lines 31+]. As there is only a single passage/chimney “140”, the airflow would clearly converge after moving around the baffle, as indicated in the annotated Fig. 1 above).
Regarding claim 3, Lord teaches an apparatus wherein the baffle and heater are sized such that the heater is entirely obscured by the baffle when viewed from the chimney entrance (as can be clearly observed from Fig. 3A, the baffle clearly has a wider width than the width of the heater filament around the wick. An annotated Fig. 3A is included below to facilitate discussion. The edges of the baffle are shown the be further out compared to the edges of the heater, such that when viewed from the chimney, the heater would clearly be obscured. Moreover, it is held that guidance as provided by the figures is sufficient to enable public possession of an inventive concept. That is, an enabling picture may be used to reject claims directed to an article to include: anticipating claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). In this case, it is clearly shown the corresponding claimed structure).
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Regarding claim 4, Lord teaches an apparatus wherein the baffle is spaced from the chimney entrance (the chimney entrance is considered to be the innermost portion of the passage “140” in Figs. 3A-3B. The baffle is clearly spaced apart from this position).
Regarding claim 5, Lord teaches an apparatus wherein the baffle is midway between the heater and the chimney entrance (the chimney entrance is considered to be the innermost portion of the passage “140” in Figs. 3A-3B. The baffle “172” is clearly spaced midway between the chimney entrance and the heater “164”).
Regarding claim 6, Lord teaches an apparatus wherein the air flow path connects the air inlet to the vaporization chamber and the chimney to the outlet, such that air flows from the inlet to vaporization chamber to the chimney to the outlet in that order (see the annotated Fig. 3A of Lord in the rejection of claim 1 above, wherein the air flow paths are indicated which follow in the claimed order. Also, “airflow path extending from an inlet of the device, through the vaporizing chamber and passage, to the outlet” [pg. 3]).
Regarding claim 7, Lord teaches an apparatus wherein the vaporization chamber has a cross section having a longest dimension, and where the baffle is oriented to extend across the vaporization chamber along the longest dimension (the cross section of the vaporizer having the longest dimension is considered to be the left/right dimension as in Figs. 3A-3B. The baffle clearly extends along this dimension as in Figs. 3A-3B. It being additionally noted that as the baffle “172” clearly extends across both a left/right direction as well as a direction perpendicular to left/right (going into/out of the page of Figs. 3A-3B), that the baffle would clearly at least partially extend along either dimension regardless of which is considered to be the longest dimension of the vaporization chamber).
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Han (KR20210012309A).
Regarding claim 1, Han teaches a smoking substitute apparatus (cartridge and aerosol generating apparatus including the same [pg. 1 of machine translation]) for delivery of an aerosol to a user drawing air through the apparatus (the apparatus generates an aerosol by heating an aerosol generating material, and there is an air flow path drawn through the apparatus to the user during use [pg. 2 of machine translation]),
an air inlet, outlet, and an air flow path between the air inlet and the outlet (see Fig. 4 of Han, wherein there is formed a vaporizer “130”, where there is an air passage after the vaporizer “200” featuring an outlet from the device “202”. The inlet may be considered the inlet of the air into the vaporizer which is necessarily present to form the aerosol. After vaporization, air travels through the air passage “200” to the outlet “202” of the device),
a chimney in fluid communication with the air flow path (the chimney may be considered to be the surrounding walls of the passage “200” in Fig. 4, specifically the section with the vertical walls for example. This passage is clearly in communication with the air inlet and outlet),
a vaporization chamber having an aerosol generator configured to generate an aerosol from an aerosol precursor (see Fig. 4, wherein there is a heater unit “130” for heating the aerosol-generating material. This may include a liquid delivery means (wick), that adsorbs the aerosol-generating material and a heater that generates an aerosol by heating [pg. 3 of machine translation]),
the chimney being positioned such that in use aerosol generated by the aerosol generator flows through the chimney to the outlet (the aerosol travels from the vaporizer through the passage around “200” to the outlet “202” [Fig. 4]),
the aerosol generator comprising an elongate heater having a major axis (as in Fig. 4, there is clearly a heating coil/filament “130” which is wrapped around a porous wick. The major axis is considered to be left/right as in Fig. 4 because this is clearly the long extending direction thereof),
the vaporization chamber also having an elongate baffle positioned between the aerosol generator and the chimney entrance (an annotated Fig. 4 is included below to facilitate discussion. The baffle is identified, wherein this structure creates the branched paths of “201a” and “201b” from the vaporizer [pg. 5 of machine translation]. This baffle structure is clearly located longitudinally between the vaporizer and the chimney entrance as defined above. The baffle would be considered elongate as it clearly extends along the left/right direction predominately compared to that of the up/down direction. The airflow path is indicated by dotted arrows), the baffle partially occluding the chimney entrance and oriented in a direction parallel to the major axis of the heater (as in Fig. 4, the baffle clearly partially occludes/blocks the chimney entrance, which is considered the innermost portion of the vertical wall segment of “200”. And as in Fig. 4, the baffle clearly extends in a direction parallel to the major axis of the heater, i.e., left/right in Fig. 4. This structure results in branched airflow prior to the passage “200” [pg. 5 of machine translation]).
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Regarding claim 2, Han teaches an apparatus wherein the baffle is shaped so as to bifurcate the airflow path around the baffle and then converge after (the structure of Fig. 4 as defined results in a branched air path [pg. 5 of machine translation]. And as in the annotated Fig. 4 above, the airflow would clearly bifurcate around this baffle, and the air then converges to form one path in “200”).
Regarding claim 3, Han teaches an apparatus wherein the baffle and heater are sized such that the heater is entirely obscured by the baffle when viewed from the chimney entrance (as can be clearly observed from Fig. 4, the baffle clearly has a wider width than the width of the chimney entrance, the lower portion of “200”. As such, when viewing down from the chimney entrance, the baffle would entirely block the view of the heater. And additionally, as the diverging paths around the baffle extend outwards beyond the view of the chimney entrance (see Fig. 4), the heater would also not be visible because the diverging paths extend beyond the view of the chimney. Moreover, it is held that guidance as provided by the figures is sufficient to enable public possession of an inventive concept. That is, an enabling picture may be used to reject claims directed to an article to include: anticipating claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). In this case, it is clearly shown the corresponding claimed structure).
Regarding claim 4, Han teaches an apparatus wherein the baffle is spaced from the chimney entrance (the chimney entrance is considered to be the innermost portion of the vertical wall passage “200” in Fig. 4. The baffle is clearly spaced apart from this position).
Regarding claim 5, Han teaches an apparatus wherein the baffle is midway between the heater and the chimney entrance (the chimney entrance is considered to be the innermost portion of the vertical wall passage “200” in Fig. 4. The baffle as identified in the annotated Fig. 4 in the rejection of claim 1 above is clearly spaced midway between the heater “130” and the chimney entrance).
Regarding claim 6, Han teaches an apparatus wherein the air flow path connects the air inlet to the vaporization chamber and the chimney to the outlet, such that air flows from the inlet to vaporization chamber to the chimney to the outlet in that order (see the annotated Fig. 4 of Han in the rejection of claim 1 above, wherein the air flow paths are indicated which follow in the claimed order. As an air inlet would necessarily lead from outside the device to the vaporizer so as to form the aerosol, and the air would then flow as indicated through the branching paths, then through the chimney “200”, and then finally through the outlet “202” to leave the device).
Regarding claim 7, Han teaches an apparatus wherein the vaporization chamber has a cross section having a longest dimension, and where the baffle is oriented to extend across the vaporization chamber along the longest dimension (the cross section of the vaporizer having the longest dimension is considered to be the left/right dimension as in Fig. 4. See also Figs. 6-8 which supports this, as the cartridge/apparatus have a long dimension along the extension of the heater and a shorter dimension that is located 90deg perpendicular to the long dimension. The baffle clearly extends along this longest dimension left/right as in Fig. 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US2021/0068458A1 – View of Baffle in Fig. 4 with airflow extending around it
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/T.F.S./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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