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 1, 11, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fernando et al. (US 2021/0219618).
Claim 1. Fernando et al. discloses a device 100 for heating an aerosol-forming substrate (Abstract). The device 100 includes a vessel 17 defining an interior volume configured to contain liquid 19 and defining a headspace outlet 15 above a fill level for the liquid 19. The liquid 19 preferably comprises water ([0083]; Figure 1). The device 100 also includes a heater assembly 130. The heater assembly 130 includes heater 160 (aerosol generator) defining a receptacle 140 (chamber) configured to receive a cartridge 150 containing an aerosol-forming substrate (aerosol precursor). The heater assembly 130 includes an air inlet channel 170 (upstream portion) that draws fresh air into the device 100 through inlets 137 (air inlet) in a housing 135. At least portion of the air inlet channel 170 is formed by, or is in proximity to, the heater 160 so that air in the channel 170 is heated before entering the receptacle 140 through receptacle inlet 143. The pre-heated air then enters the cartridge 150, which is also heated by heater 160, to carry aerosol generated by aerosol-forming substrate in the container 150. The air exits a receptacle outlet 147 ([0084]; Figure 1). A conduit 190 (downstream portion) carries the air and aerosol from the receptacle outlet 147 into the vessel 17 below the level of the liquid 19. The air and aerosol may bubble through the liquid 19 and exit the headspace outlet 15 of the vessel 17. A hose 20 (outlet) may be attached to the headspace outlet 15 to carry the aerosol to the mouth of a user ([0085]; Figure 1). A sleeve 270 is disposed about the heater 160. The sleeve 270 has a body that defines the tortuous path (surface turbulence generation region) of the air inlet channel 170 (upstream portion). Air in the channel 170 may be heated by the heater 160 prior to exiting a channel outlet which may serve as the receptacle inlet 177, from where the preheated air may enter the receptacle inlet and enter the cartridge 150 containing the aerosol-forming substrate ([0089; Figures 1 and 2A where Figure 2A shows indented portions in the wall of sleeve 270 separated by barrier wall portions wherein the barrier wall portions have curved portions connecting them to the internal wall).
Claim 11. Fernando et al. discloses that the tortuous path (surface turbulence generation region) is not provided on any surface of the receptacle 140 (chamber) facing the heater 160 (aerosol generator) (Figure 2A).
Claim 13. Fernando et al. discloses that the tortuous path (surface turbulence generation region) of the air inlet channel 170 (upstream portion) has a circular cross section (Figures 2A-C).
Claim 15. Fernando et al. discloses that the barrier wall portions of the tortuous path (surface turbulence generation region) of the air inlet channel 170 (upstream portion) has downstream edges comprising curved portions connecting the downstream edges to the internal wall and the angle between the upstream edges and the internal wall is between 45º and 100º (Figures 2A-C).
Allowable Subject Matter
Claims 2-10, 14, and 16 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 is Fernando et al. (US 2021/0219618).
Regarding claims 2-4, Fernando et al. discloses the device of claim 1 but does not disclose that the conduit 190 (downstream portion) comprises a chimney having a smaller hydraulic diameter at its downstream end than at its upstream end.
Regarding claims 5-10, 14, and 16, Fernando et al. discloses sleeve 270 has a body that defines the tortuous path (surface turbulence generation region) of the air inlet channel 170 (upstream portion) ([0089; Figures 1 and 2A) but does not disclose an aerosol flow portion downstream of the receptacle 140 (chamber) and upstream of the receptacle outlet 147 (chamber outlet) which includes a surface turbulence generation region comprising an internal wall facing said aerosol flow portion, the internal wall comprising an arrangement of surface turbulence generation elements for generating surface turbulence in the air flow. Fernando et al. discloses a sleeve 270 which has a body that defines the tortuous path (surface turbulence generation region) of the air inlet channel 170 (upstream portion) contains no teaching or suggestion to move or add a tortuous path (surface turbulence generation region) to an aerosol flow portion downstream of the receptacle 140 (chamber) and upstream of the receptacle outlet 147 (chamber outlet).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Wilson can be reached at (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATHERINE A WILL/Primary Examiner, Art Unit 1747
Prosecution Insights