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 .
Response to Amendment
This office action is responsive to the preliminary amendment filed 04/05/2024. As directed by the amendment, claims 3-5, 12-15,18-19, 22-26, 29, 33, 35-42, and 45-46 were canceled. Thus, claims 1-2, 6-11, 16-17, 20-21, 27-28, 30-32, 34, and 43-44 are pending in this application.
Claim Objections
Claims 2, 34, and 43 are objected to because of the following informalities:
Claim 2 line 2 appears to be missing a comma prior to the newly added limitation. The claim should read “…portion of the mouthpiece, wherein the thermal element…”
Claim 34 “the control circuitry” in the second line does not appear to have antecedent basis in the claim. It is suggested to amend this claim to recite “wherein [[the]] control circuitry is
Claim 43 is objected to for a misplaced comma in the preamble. This claim should read “A cartridge[[,]] for an aerosol provision system, comprising…”
Appropriate correction is required.
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)(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 1-2, 8-11, 17, 21, 27-28, 30-31, 34, and 43-44 are rejected under 35 U.S.C. 102(a)(2) as anticipated by Batista et al. (US 2024/0398019 A1), hereafter Batista.
Regarding Claim 1, Batista discloses a mouthpiece for an aerosol provision system (fig. 1, mouthpiece 10 [0087]) the mouthpiece comprising: at least one aerosol outlet channel (fig. 1, 28 [0089]) for delivering an aerosol to a user of the mouthpiece (fig. 1 [0089]); at least one thermal element for controlling a temperature of a portion of the mouthpiece (fig. 1, 12 [0088]).
Regarding Claim 2, Batista discloses a mouthpiece according to claim 1, wherein the at least one thermal element is configured for heating the portion of the mouthpiece (fig. 1, 12 is a heating element [0088]) wherein the thermal element comprises an electrical resistor ([0088] 12 may be a resistive heating element), located at the portion of the mouthpiece (fig. 1 shows 12 as located on mouthpiece 10), for heating the portion of the mouthpiece (fig. 1, heating element 12 heats homogenization chamber 26 inside the mouthpiece 10 [0106]).
Regarding Claim 8, Batista discloses a mouthpiece according to claim 1, wherein the portion comprises an exterior surface of the mouthpiece ([0003-0004] the heater also warms the surface of the mouthpiece).
Regarding Claim 9, Batista discloses a mouthpiece according to claim 1, wherein the portion at least partially surrounds the aerosol outlet channel (fig. 1, heaters 12 at least partially surround channel 28).
Regarding Claim 10, Batista discloses a mouthpiece according to claim 1, further comprising an outlet for receiving aerosol from the aerosol outlet channel (fig. 1, 34 [0091]).
Regarding Claim 11, Batista discloses a mouthpiece according to claim 1, wherein the portion comprises at least one indicia for identifying a location of the portion (fig. 1 shows the heating elements 12 as visible on the outer surface of the mouthpiece 10 and thus 12 is capable of being used as indicia for a location of the heating element).
Regarding Claim 17, Batista discloses a mouthpiece according to claim 1, wherein the mouthpiece comprises at least one external surface which is inclined towards an end of the mouthpiece (fig. 1 shows mouthpiece 10 inclined through a taper toward the outlet end of the mouthpiece 34).
Regarding Claim 21, Batista discloses a mouthpiece according to claim 17, wherein the at least one external surface comprises the portion of the mouthpiece (fig. 1, the inclined surface occurs on the mouthpiece 10).
Regarding Claim 27, Batista discloses a mouthpiece according to claim 1, wherein the at least one aerosol outlet channel is configured to be thermally insulated from the thermal element and the portion of the mouthpiece ([0038] and [0088] the auxiliary heater 12 may be electrically conductive tracks on an insulating substrate).
Regarding Claim 28, Batista discloses a mouthpiece according to claim 1, further comprising a sensor which is configured to generate sensor data for use in controlling an operation of the at least one thermal element ([0063-0066]).
Regarding Claim 30, Batista discloses an aerosol provision system for generating an aerosol (fig. 1, main unit 40 [0093]), comprising the mouthpiece according to claim 1 (fig. 1, 10), wherein the at least one aerosol outlet channel (fig. 1, 28) is configured to receive aerosol generated in the aerosol provision system (fig. 1, [0103]).
Regarding Claim 31, Batista discloses an aerosol provision system according to claim 30, wherein the aerosol provision system further comprises a cartridge (fig. 1, cartridge portion 42 of main unit 40 [0099]) and an aerosol provision device configured to receive the cartridge (fig. 1, 70 that receives 42 [0093]), wherein the cartridge comprises the mouthpiece ([0030] the mouthpiece may be an integral part of the cartridge).
Regarding Claim 34, Batista discloses an aerosol provision system according to claim 30, further comprising a sensor for generating sensor data ([0063-0064] the temperature sensor is understood to generate temperature data), wherein the control circuitry ([0065]) is further configured to: receive the sensor data from the sensor ([0065]; and process the sensor data to determine whether the output signal should be generated ([0066]).
Regarding claim 43, Batista discloses a cartridge, for an aerosol provision system (fig. 1, 42 [0093]) comprising an aerosol provision device for receiving the cartridge (fig. 1, 70 [0093]), wherein the cartridge comprises the mouthpiece according to claim 1 ([0030] the mouthpiece 10 may be an integral part of cartridge 42]).
Regarding Claim 44, Batista discloses a method of controlling a temperature of a portion of a mouthpiece from an aerosol provision system ([0066]), wherein the method comprises: operating at least one thermal element from the mouthpiece (fig. 1, mouthpiece 10, thermal element 12 [0088]) to control the temperature of the portion of the mouthpiece ([0003-0004 and [0106]).
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.
In an alternative rejection, claims 1, 6-7, 11, 16, and 20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Nerudia Limited (EP 3692820 A1), hereafter Nerudia.
Regarding Claim 1, Nerudia discloses a mouthpiece for an aerosol provision system (fig. 1C, mouthpiece 109 [0099]) the mouthpiece comprising: at least one aerosol outlet channel (fig. 1C, 108 [0099]) for delivering an aerosol to a user of the mouthpiece (fig. 1C [0093]); at least one thermal element for controlling a temperature of a portion of the mouthpiece (fig. 1C, 120, 122 [0105]).
Regarding Claim 6, Nerudia discloses a mouthpiece according to claim 1, wherein the at least one thermal element is configured for cooling the portion of the mouthpiece ([0106]).
Regarding Claim 7, Nerudia discloses a mouthpiece according to claim 1, wherein the thermal element comprises a Peltier module ([0106]).
Regarding Claim 11, Nerudia discloses a mouthpiece according to claim 1, wherein the portion comprises at least one indicia for identifying a location of the portion (fig. 1C, 126 [0099] serves as a visual and physical indicia).
Regarding Claim 16, Nerudia discloses a mouthpiece according to claim 11, wherein the at least one indicia comprises the portion having a first thermal conductivity (the thermal conductivity of 120, 122 as electrodes [0106] are understood to have a high thermal conductivity in order to conduct a thermal sensation to the user) which is greater than a thermal conductivity of a second portion of the mouthpiece which surrounds the portion of the mouthpiece (the remaining mouthpiece is understood to be of a different material than electrodes 120, 122 and in order to isolate the sensation to the electrodes, the mouthpiece is understood to have less thermal conductivity).
Regarding Claim 20, Nerudia discloses a mouthpiece according to claim 17, wherein at least one portion of the thermal element is located no more than 40mm from the end of the mouthpiece (fig. 1C, the thermal elements 120, 122 are located at the end of the mouthpiece).
In an alternative rejection, claims 1, 30, and 32 are rejected under 102(a)(1) as anticipated by Yener et al. (US 2018/0103685 A1), hereafter Yener.
Regarding Claim 1, Yener discloses a mouthpiece for an aerosol provision system (fig. 1, mouthpiece 15 [0022]) the mouthpiece comprising: at least one aerosol outlet channel (fig. 1, 32 [0026]) for delivering an aerosol to a user of the mouthpiece (fig. 1 [0026]); at least one thermal element for controlling a temperature of a portion of the mouthpiece (fig. 1, 60 [0026]).
Regarding Claim 30, Yener discloses an aerosol provision system for generating an aerosol (fig. 1, 10 [0022]), comprising the mouthpiece according to claim 1 (fig. 1, 15), wherein the at least one aerosol outlet channel (fig. 1, 32) is configured to receive aerosol generated in the aerosol provision system ([0026]).
Regarding Claim 32, Yener discloses an aerosol provision system according to claim 30, wherein the aerosol provision system further comprises a cartridge (fig. 1, liquid reservoir 34 may be a cartridge [0034]) and an aerosol provision device configured to receive the cartridge (fig. 1, reservoir portion 14 [0033]), wherein the mouthpiece forms a part of the aerosol provision device (fig. 1, mouthpiece 15 is part of 10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2021/0059302 A1 fig. 1 has an arc-shaped edge 5 which indicates where the user is to place their lips [0020]
US 2022/022537 A1 fig. 107 2412 discloses a flavored or scented indicator at the mouthpiece [1818]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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/SARA K TOICH/ Examiner, Art Unit 3785
/MARGARET M LUARCA/ Primary Examiner, Art Unit 3785
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