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 include the following reference character(s) not mentioned in the description: 140. 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 § 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.
Claim(s) 1-6, 13, 19, 25, 33, 38-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by STRUTT et al. (WO 2016/009202).
Strutt teaches a mouthpiece (110 in figure 1, 20 in figure 2) for an aerosol provision system, the mouthpiece comprising an aerosol outlet channel for delivering an aerosol to a user of the mouthpiece (page 19 lines 18-20), wherein the mouthpiece comprises at least one actuator (page 19 lines 28-29) configured to be actuated by the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system.
Regarding claim 2, Strutt teaches the at least one actuator is configured to be actuated by user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system the mouth of the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system (page 20 lines 1-5).
Regarding claim 3, Strutt teaches the at least one actuator comprises a plurality of actuators (page 20 lines 15-17, page 22 lines 10-27).
Regarding claim 4, Strut teaches each actuator is configured to be actuated by a lip of the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system (page 20 lines 12-13).
Regarding claim 5, Strutt teaches each actuator is configured to be actuated by the tongue of the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system (page 20 lines 12-13).
Regarding claim 6, Strutt teaches the at least one actuator comprises a mechanical switch (page 19 lines 30-32).
Regarding claim 13, Strutt teaches each actuator defines, or is located on, an external surface of the mouthpiece (page 20 lines 7-8).
Regarding claim 19, Strutt teaches the at least one actuator comprises a first actuator and a second actuator (page 20 lines 15-16).
Regarding claim 25, Strutt teaches the first actuator is configured to be actuated, whilst the mouthpiece is in use, for controlling a first operation of the aerosol provision system; and the second actuator is configured to be actuated, whilst the mouthpiece is in use, for controlling a second operation of the aerosol provision system (page 20 lines 15-25, page 21 lines 20-35).
Regarding claim 33, Strutt teaches an aerosol provision system for generating an aerosol, comprising the mouthpiece, and an aerosol generator for generating aerosol, wherein the aerosol outlet channel is configured to receive aerosol generated by the aerosol generator (page 19 lines 4-21).
Regarding claim 38, Strutt teaches the operation comprises an operation to disable, and/or enable, the operation of the aerosol generator (page 20 lines 15-25).
Regarding claim 39, Strutt teaches the operation comprises an operation to control the rate of aerosol generation by the aerosol generator (page 26 lines 20-23).
Regarding claim 40. Strutt teaches the operation comprises an operation to vary the power delivered to the aerosol generator (page 26 line 34 – page 27 line 8).
Claim(s) 1-4, 6, 13-14, 16, 19, 33-34, 38-40, 45-47 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAZZOLI et al. (WO 2020/227284).
Cazzoli teaches a mouthpiece (130 in figure 1B) for an aerosol provision system, the mouthpiece comprising an aerosol outlet channel for delivering an aerosol to a user of the mouthpiece (see figure 1B), wherein the mouthpiece comprises at least one actuator (para. 0050-0053, 0063) configured to be actuated by the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system.
Regarding claim 2, Cazzoli teaches the at least one actuator is configured to be actuated by user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system the mouth of the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system (para. 0063).
Regarding claim 3, Cazzoli teaches the at least one actuator comprises a plurality of actuators (para. 0050-0053, 0063).
Regarding claim 4, Cazzoli teaches each actuator is configured to be actuated by a lip of the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system (para. 0095).
Regarding claim 6, Cazzoli teaches the at least one actuator comprises a mechanical switch (para. 0063).
Regarding claim 13, Cazzoli teaches each actuator defines, or is located on, an external surface of the mouthpiece (201 in figure 2B).
Regarding claim 14, Cazzoli teaches the mouthpiece comprises an external surface, wherein each actuator is at least partially recessed into the external surface (201 in figure 2B).
Regarding claim 16, Cazzoli teaches the at least one actuator (201 in figure 4) at least partially surrounds the aerosol outlet channel.
Regarding claim 19, Cazzoli teaches the at least one actuator comprises a first actuator and a second actuator (201 in figure 4).
Regarding claim 33, Cazzoli teaches an aerosol provision system (figures 1A and 1B) for generating an aerosol, comprising the mouthpiece (130), and an aerosol generator (141 in figure 1A) for generating aerosol, wherein the aerosol outlet channel is configured to receive aerosol generated by the aerosol generator.
Regarding claim 34, Cazzoli teaches the aerosol provision system further comprises a cartridge (120), and an aerosol provision device (110) configured to receive the cartridge, wherein figures 1A and 1B show the cartridge comprises the mouthpiece.
Regarding claim 38, Cazzoli teaches the operation comprises an operation to disable, and/or enable, the operation of the aerosol generator (para. 0057).
Regarding claim 39, Cazzoli teaches the operation comprises an operation to control the rate of aerosol generation by the aerosol generator (para. 0065).
Regarding claim 40. Strutt teaches the operation comprises an operation to vary the power delivered to the aerosol generator (para. 0067).
Regarding claim 45, Cazzoli teaches a cartridge (120 in figures 1A and 1B) for an aerosol provision system comprising the cartridge (120) and an aerosol provision device (110) configured to receive the cartridge, wherein the cartridge (120) comprises the mouthpiece (130).
Regarding claim 46, Cazzoli teaches the cartridge (120 in figures 1A and 1B) further comprises an aerosol generator (141) for generating aerosol, wherein the aerosol outlet channel is configured to receive aerosol generated by the aerosol generator (see figure 1B).
Regarding claim 47, Cazzoli teaches the cartridge (120 in figures 1A and 1B) comprises a reservoir (140) for containing aerosol-generating material for aerosolising by the aerosol generator (141).
Claim(s) 1, 2, 4, 6, 7, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by POSTON et al. (US 2014/0069424).
Poston teaches a mouthpiece (para. 0034) for an aerosol provision system, the mouthpiece comprising an aerosol outlet channel for delivering an aerosol to a user of the mouthpiece (see figures 6-11), wherein the mouthpiece comprises at least one actuator (650) configured to be actuated by the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system (para. 0025).
Regarding claim 2, Poston teaches the at least one actuator is configured to be actuated by user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system the mouth of the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system (para. 0025).
Regarding claim 4, Poston teaches each actuator is configured to be actuated by a lip of the user whilst the mouthpiece is in use for controlling an operation of the aerosol provision system (para. 0025).
Regarding claim 6, Poston teaches the at least one actuator comprises a mechanical switch (figures 8-11).
Regarding claim 7, Poston teaches each actuator comprises a first position in which the actuator is not actuated (figures 8, 10), and a second position in which the actuator is actuated, wherein the actuator is biased towards the first position (figures 9, 11).
Regarding claim 13, Poston teaches each actuator defines, or is located on, an external surface of the mouthpiece (figures 8-11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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