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 16-35 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 21-22 and 28-30 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 21, the claim recites the limitation “wherein the mouthpiece and the liquid storage portion are axially movable with respect to each other in a second position”. However, no first position has been claimed. It is therefore unclear as to whether the claim requires one or two positions. For examination purposes, the claim will be interpreted as requiring only one position.
Regarding claim 22, the claim recites the limitation “wherein the mouthpiece and the liquid storage portion are incrementally axially movable to at least one intermediate axial position between the first position and second position”. However, no first position or second position has been previously claimed. There is therefore insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation will be interpreted to read “wherein the mouthpiece and the liquid storage portion are incrementally axially movable to at least one intermediate axial position between a first position and a second position”.
Regarding claim 28, the claim recites the limitation “wherein the mouthpiece and the liquid storage portion are rotationally movable with respect to each other in a sixth position”. However, no first, second, third, fourth or fifth positions have been claimed. It is therefore unclear as to whether the claim requires one or as many as six positions. For examination purposes, the claim will be interpreted as requiring only one position.
Claims 29-30 are rejected by virtue of their dependency on claim 28. The Examiner notes that claims 29-30 further recite a seventh position, which is interpreted to be a second position.
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 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 16-19, 21-30 and 35 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Zhu (US 20180007961 A1).
Regarding claim 16, Zhu teaches a cartridge for an aerosol-generating device, the cartridge comprising:
a mouthpiece (vaporizer assembly 200; Fig. 2; [0028]) comprising
a first fluid-permeable portion (e-liquid opening 2044; [0030]), and
a first air inlet (first air intake opening 2041; [0027]); and
a liquid storage portion (electronic cigarette 100; Fig. 2; [0027]) comprising
a reservoir (e-liquid storage tank 108; [0027]) configured to hold a liquid aerosol-forming substrate,
a second fluid-permeable portion (openings 1101; [0040]) in fluid contact with the reservoir, and
a second air inlet (first air intake opening 1022; [0027]),
wherein the mouthpiece and the liquid storage portion are axially movable with respect to each other (Fig. 5B; [0053]),
wherein a degree of contact between the first fluid-permeable portion and the second fluid-permeable portion is controllable by the axial movement between the mouthpiece and the liquid storage portion (Figs. 3, 5A-5B; [0053]; upon insertion of the mouthpiece portion there would be full contact and upon removal there would be no contact, thus adjusting the degree of contact between the first fluid-permeable portion and the second fluid-permeable portion),
wherein the mouthpiece and the liquid storage portion are rotationally movable with respect to each other (Figs. 3-4; [0027], [0042]), and
wherein a degree of overlap between the first air inlet 2041 and the second air inlet 1022 is controllable by rotational movement between the mouthpiece and the liquid storage portion (Figs. 3-4; [0027], [0042]).
Regarding claim 17, Zhu teaches that the mouthpiece further comprises a tubular airflow channel (air intake tube 204; [0027]), and wherein the first fluid-permeable portion 2044 is arranged at a distal portion of the tubular airflow channel (Fig. 3; [0030-0031]).
Regarding claim 21, Zhu teaches that the mouthpiece and the liquid storage portion are axially movable with respect to each other in a second position (attached position; Fig. 3; [0053]), in which the first fluid-permeable portion 2044 contacts a whole inner surface of the second fluid- permeable portion 1101 (Fig. 3; [0040], [0031]).
Regarding claim 22, the mouthpiece of Zhu must necessarily be capable of being positioned at any point between full detachment (Fig. 5B) and full insertion (Fig. 3) in the liquid storage portion. Thus, Zhu teaches that the mouthpiece and the liquid storage portion are incrementally axially movable to at least one intermediate axial position between a first position (e.g., a detached position) and second position (e.g., a fully inserted position), and wherein the first fluid-permeable portion only partially contacts the whole inner surface of the second fluid-permeable portion in the intermediate axial position (Fig. 3 depicts that alignment occurs at full insertion. Upon moving the mouthpiece slightly upwards into an intermediate position, the openings would be slightly misaligned and therefore the first fluid-permeable portion would only partially contact the whole inner surface of the second fluid-permeable portion).
Regarding claim 23, Zhu teaches that the mouthpiece further comprises a second sealing element (connecting ring 208; Figs. 2-3; [0029-0032]) arranged proximal of the first fluid-permeable portion.
Regarding claim 24, Zhu teaches that the second sealing element is configured as a ring-shaped sealing element (Figs. 2-3; [0029]).
Regarding claim 25, Zhu teaches that the first air inlet 2041 enables lateral airflow into the mouthpiece (Fig. 4).
Regarding claim 26, Zhu teaches that the liquid storage portion 100 further comprises a central tubular cavity configured to at least partly receive the mouthpiece (Figs. 5A-B; [0043], [0051], [0053]).
Regarding claim 27, Zhu teaches that the second air inlet 1022 enables lateral airflow into the central tubular cavity of the liquid storage portion (Fig. 4).
Regarding claim 28, Zhu teaches that the mouthpiece and the liquid storage portion are rotationally movable with respect to each other in a sixth position, in which the first air inlet 2041 and the second air inlet 1022 do not overlap thereby preventing airflow into the mouthpiece ([0027]).
Regarding claim 29, Zhu teaches that the mouthpiece and the liquid storage portion are rotationally movable with respect to each other in a seventh position, in which the first air inlet and the second air inlet fully overlap thereby allowing airflow into the mouthpiece ([0027]).
Regarding claim 30, the mouthpiece of Zhu must necessarily be capable of being positioned at any point between a first position (full alignment; Fig. 4) and a second position (total misalignment; Fig. 3) in between the first and second air inlets ([0027]). Thus, Zhu teaches that the mouthpiece and the liquid storage portion are incrementally rotationally movable to at least one intermediate rotational position wherein the first air inlet and the second air inlet only partially overlap. Upon rotating the mouthpiece slightly from the second position, the air inlets would be slightly misaligned.
Regarding claim 35, Zhu teaches an aerosol-generating system comprising a cartridge for an aerosol-generating device, the cartridge comprising:
a mouthpiece (vaporizer assembly 200; Fig. 2; [0028]) comprising
a first fluid-permeable portion (e-liquid opening 2044; [0030]), and
a first air inlet (first air intake opening 2041; [0027]); and
a liquid storage portion (electronic cigarette 100; Fig. 2; [0027]) comprising
a reservoir (e-liquid storage tank 108; [0027]) configured to hold a liquid aerosol-forming substrate,
a second fluid-permeable portion (openings 1101; [0040]) in fluid contact with the reservoir, and
a second air inlet (first air intake opening 1022; [0027]),
wherein the mouthpiece and the liquid storage portion are axially movable with respect to each other (Fig. 5B; [0053]),
wherein a degree of contact between the first fluid-permeable portion and the second fluid-permeable portion is controllable by the axial movement between the mouthpiece and the liquid storage portion (Figs. 3, 5A-5B; [0053]; upon insertion of the mouthpiece portion there would be full contact and upon removal there would be no contact, thus adjusting the degree of contact between the first fluid-permeable portion and the second fluid-permeable portion),
wherein the mouthpiece and the liquid storage portion are rotationally movable with respect to each other (Figs. 3-4; [0027], [0042]), and
wherein a degree of overlap between the first air inlet 2041 and the second air inlet 1022 is controllable by rotational movement between the mouthpiece and the liquid storage portion (Figs. 3-4; [0027], [0042]),
wherein the aerosol-generating device comprises a cavity configured to receive the cartridge (Zhu teaches that positive terminal 124 and associated threaded connection are received in a cavity of an aerosol generating device power supply portion; Fig. 1; [0027]).
Claim Rejections - 35 USC § 103
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 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 20180007961 A1) as applied to claim 16 above, and further in view of Xu (US 20180310614 A1).
Regarding claim 18, Zhu teaches that the mouthpiece and the liquid storage portion are axially movable with respect to each other (Fig. 5B; [0053]).
Zhu does not explicitly teach a first sealing element arranged distal of the first fluid-permeable portion.
Xu, directed to a cartridge for an aerosol-generating device comprising a mouthpiece (atomizer assembly 150, 250; [0019]) with a first fluid-permeable portion (see holes depicted in Fig. 1A element 159), a liquid storage portion (cartridge 100, 200; [0019]) with a reservoir (fluid storage chamber 109, 209; [0020]), a second fluid-permeable portion (fluid opening 211; [0030]), wherein the mouthpiece and the liquid storage portion are axially movable with respect to each other (Figs. 1-2; [0018], [0027]) and wherein a degree of contact between the first fluid-permeable portion and the second fluid-permeable portion is controllable by the axial movement between the mouthpiece and the liquid storage portion ([0041]), teaches a that the mouthpiece may comprise a first sealing element (cover plate 119, 219; [0021]) arranged distal of the such that the fluid does not leak when the mouthpiece and liquid storage portions are separated (Figs. 1A-B).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhu by adding a first sealing element arranged distal of the first fluid permeable portion as taught by Xu because both Zhu and Xu are directed to cartridges for aerosol-generating devices comprising mouthpieces and liquid storage portions capable of configuration in a first detached position, Xu teaches a sealing member designed to prevent leakage in the first position, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 19, Xu teaches that the first sealing element 119 is configured as a tubular sealing element (Fig. 1B; [0022]).
Regarding claim 20, Zhu teaches that the mouthpiece and the liquid storage portion are axially movable with respect to each other (Fig. 5B; [0053]) in a first detached position (Fig. 5B; [0053]).
Xu teaches that the first sealing element 119 sealingly covers the second fluid-permeable portion 211 of the liquid storage portion in a first detached position (Figs. 1A-B; [0030]).
Claims 31-32 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 20180007961 A1) as applied to claim 16 above, and further in view of Moloney (US 20220175042 A1).
Regarding claim 31, Zhu teaches that the mouthpiece comprises a heating element (heating element 212; [0029]).
Zhu does not teach that the mouthpiece comprises a susceptor.
Moloney, directed to a cartridge (cartomizer 40; [0032]) for an aerosol generating device comprising a mouthpiece (housing 42; [0033]) and a liquid storage portion (annular volume 50; [0033-0034]), wherein the mouthpiece comprises a heating element (atomizer 70; [0037-0038]), teaches that a heating element may be a susceptor ([0038]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhu by making the heating element a susceptor as taught by Moloney because both Zhu and Moloney are directed to cartridges comprising mouthpieces with heating elements, Moloney teaches that a susceptor is a suitable alternative heating element, and this involves substituting one alternative heating element for another to yield predictable results.
Regarding claim 32, Zhu teaches that the heating element is tubular and aligned with the first fluid-permeable portion 2044 (Fig. 3).
Regarding claim 34, Zhu teaches that the heating element is in fluid communication with the first fluid-permeable portion 2044 (Fig. 3).
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu and Moloney as applied to claim 31 above, and further in view of Mironov et al. (US 20180184713 A1).
Regarding claim 33, Moloney does not teach that the susceptor is porous.
Mironov, directed to an aerosol generation device comprising a susceptor ([0004]), teaches that a susceptor may be made of a porous material ([0018]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the susceptor Moloney by making it of a porous material as taught by Mironov because both Moloney and Mironov are directed to aerosol generation devices comprising susceptor heaters, Moloney is silent to the material of the susceptor and one with ordinary skill would be motivated to look to prior art for a known and suitable susceptor material, Mironov teaches that it is known in the art to use a porous susceptor, and this involves applying a known teaching to a similar product to yield predictable results.
Conclusion
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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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