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 1-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-14, in the reply filed on 08/31/2026 is acknowledged. The traversal is on the ground(s) that Qiu does not appropriately teach an absorbent sheet as claimed. This is not found persuasive because heating element 10 of Qiu is described as having extremely tiny pores ([0036]). One having ordinary skill in the art would recognize that such small pores would absorb liquid and thus the sheet would be absorbent. In the alternative, Qiu may be modified in view of Lauenstein (US 20210235760 A1), as in the rejection below, to make obvious the common inventive feature. Regardless, the inventive feature of Group I and Group II is taught by the prior art.
The requirement is still deemed proper and is therefore made FINAL.
Claim 15 is withdrawn as being directed to a non-elected invention.
Claim Objections
Claims 1 and 12 are objected to because of the following informalities:
Claim 1, “the component”, lines 4-5, should read “the aerosol delivery component” for clarity.
Claim 12, “the component”, lines 1-2, should read “the aerosol delivery component” for clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
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 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.
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 1-3, 5-8 and 14 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Qiu (US 20180035720 A1), or in the alternative, under 35 U.S.C. 103 as being unpatentable over Qiu (US 20180035720 A1) in view of Lauenstein (US 20210235760 A1).
Regarding claim 1, Qiu teaches an aerosol delivery component (atomizing device; [0004], [0041]) comprising:
a vaporiser (atomizer head 100; [0028]) in fluid communication with a reservoir for storing a liquid aerosol precursor ([0028]); and
an air flow path extending from an inlet (bottom of the vaporizer, see Fig. 6) of the component to an outlet (smoke discharging channel; [0035]) of the component,
wherein the vaporiser comprises a tubular ceramic wick (liquid absorption component 30; [0028-0029]) defining a vaporiser portion of the air flow path through the vaporiser (Fig. 6),
the vaporiser further comprising a heating element (heating component 10; [0028]) within the vaporiser portion of the air flow path
wherein the heating element comprises a sheet of absorbent, electrically-conductive material ([0011], [0037]; Fig. 6; heating element 10 is described as having extremely tiny pores ([0036]). One having ordinary skill in the art would recognize that such small pores would absorb liquid).
In the alternative, Qiu does not teach that the heating element is absorbent.
Lauenstein, directed to an aerosol delivery component (cartridge 20; [0067]) comprising a vaporizer in fluid communication with a reservoir (storage container 24; [0068]) and an airflow path ([0069]), wherein the vaporizer comprises a wick (capillary body 27; [0068]) and a heating element (electric heater 30; [0068]) comprising a sheet of porous, electrically conductive material ([0071]), teaches that the sheet is absorbent to improve heating efficiency ([0006])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by making the sheet absorbent as taught by Lauenstein because both Qiu and Lauenstein are directed to aerosol delivery components using wicks and porous, conductive sheet heating elements, Lauenstein teaches that making the heating sheet absorbent improves the efficiency, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 2, Qiu teaches that the sheet of absorbent, electrically-conductive material 10 comprises a planar sheet (Figs. 4-6; [0037]).
Regarding claim 3, Qiu teaches that the planar sheet is arranged in the vaporiser portion of the air flow path such that a longitudinal dimension of the planar sheet is parallel to the cylindrical axis of the tubular ceramic wick (Fig. 6; [0037]).
Regarding claim 5, Qiu teaches that the sheet of absorbent, electrically-conductive material forms a concentric tubular sheet arranged within the tubular ceramic wick (Figs. 4-6; [0037]).
Regarding claim 6, Qiu teaches an electrical connector (electrical path; [0033]), wherein the electrical connector comprises a clip-on fastening (contact rings 50; [0028]) configured to mechanically couple the electrical connector to an outer circumferential surface of the tubular sheet ([0013], [0028-0032], [0037-0040]; contact rings 50 clamp to the tubular sheet 10).
Regarding claim 7, Qiu teaches that the electrical connector 50 comprises an elongate arm (base 51; [0030]) which extends, in an axial direction of the tubular sheet, between an outer circumferential surface of the sheet 10 and an inner circumferential surface of the tubular ceramic wick 30 (Fig. 6).
Regarding claim 8, Qiu teaches that the sheet of absorbent, electrically-conductive material extends substantially along the entire axial length of the tubular ceramic wick (Fig. 6, the sheet is considered to extend along substantially the entire axial length).
Regarding claim 14, Qiu teaches that the aerosol delivery component is a consumable component for receipt in a smoking substitute device (electronic cigarette; [0005], [0042]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu and Lauenstein as applied to claim 3 above, and further in view of Buchberger (US 20210084983 A1).
Regarding claim 4, Qiu does not teach that the planar sheet is arranged to bisect the vaporizer portion of the air flow path through the tubular wick.
Buchberger, directed to an aerosol delivery component (cartridge assembly 30; [0035]) comprising a vaporizer (vapor generating element 4 or atomizer 160; [0036-0037], [0048]) in fluid communication with a reservoir (reservoir 3; [0036]) and an airflow path ([0049]), wherein the vaporizer comprises a tubular body (carrier components 101, 102; [0048]) defining a vaporiser portion of the air flow path through the vaporiser ([0049]) and a heating element (heating element 103; [0048], [0058]) comprising a planar sheet of absorbent, electrically conductive material, teaches that the sheet may be arranged to bisect the vaporizer portion of the air flow path (Fig. 7; [0058-0059]) through the tubular body. Buchberger eaches that this is an alternative heating element shape ([0096]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by arranging the heating element sheet to bisect the vaporizer portion of the air flow path through the tubular wick as taught by Buchberger because both Qui and Buchberger are directed to aerosol delivery components comprising planar sheet heating elements, Buchberger teaches that this is an alternative configuration for a heating element sheet, and this involves substituting one alternative heating sheet configuration for another to yield predictable results.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu and Lauenstein as applied to claim 1 above, and further in view of Biel et al. (US 20180064169 A1).
Regarding claim 9, Qiu teaches that the sheets may be formed of nickel or steel ([0036-0037]) but does not specify further requirements.
Biel, directed to an aerosol delivery component (atomizer/liquid supply portion 14; [0020]) comprising a vaporizer (atomizer 26; [0025]) in fluid communication with a reservoir (liquid supply 34; [0026]) and an airflow path (central passage 32; [0025]), wherein the vaporizer comprises a heating element (heating element 4; [0025]) comprising a sheet of absorbent, electrically conductive material ([0036]), teaches woven carbon fiber sheet as an alternative to steel and nickel ([0034-0035], [0040]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by using a carbon fiber material for the heating element as taught by Biel because both Qiu and Biel are directed to aerosol delivery components comprising heating elements comprising absorbent, electrically conductive sheets, Biel teaches that carbon fiber is a known heating element alternative material, and this involves one alternative heating sheet material for another to yield predictable results.
Regarding claim 10, Biel teaches that the carbon fibres are configured to form a woven material ([0035]).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu and Lauenstein as applied to claim 1 above, and further in view of Ou et al. (US 20230329346 A1).
Regarding claim 11, Qiu does not teach the specific arrangement of the tubular ceramic wick within the aerosol delivery component. Ou, directed to an aerosol delivery component comprising a vaporizer (vaporization assembly 14; [0058]) in fluid communication with a reservoir (liquid storage cavity 130; [0059]), and an airflow path (airflow channel 140; [0059]), wherein the vaporizer comprises a tubular ceramic wick (cylindrical porous body 1411; [0069], [0071]) and a heating element (heating element 1412; [0069-0070]) comprising a sheet of electrically conductive material, teaches that the tubular ceramic wick extends in an axial direction along a longitudinal axis of the aerosol delivery component (Figs. 3, 21; [0139]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by using the aerosol delivery component structure as taught by Ou because both Qiu and Ou are directed to aerosol delivery components comprising vaporisers, Qiu is silent as to the specific structure of the aerosol delivery component beyond the vaporizer and one with ordinary skill would be motivated to look to prior art for a known and suitable aerosol delivery component structure, and this involves applying a known teaching to a similar product to yield predictable results.
Regarding claim 12, Ou teaches that the aerosol delivery component comprises a perforated tube (vent tube 12 with perforations 122; [0059]) arranged concentrically around the tubular ceramic wick 1411 (Figs. 3, 10; [0059]).
Regarding claim 13, Ou teaches that the perforated tube is formed from a metallic alloy material ([0062] teaches a metal material. One having ordinary skill in the art that most metal materials used to form a structure, such as steel, are alloys).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlotte Davison whose telephone number is (703)756-5484. The examiner can normally be reached M-F 8:00AM-5:00PM.
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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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