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)(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 16-17, 22-23, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiu (US 2023/0110108).
Claims 16 and 17. Qiu discloses an aerosol generation device, which includes an atomizer 100 ([0030]; Figures 1-4). The atomizer 100 includes a liquid storage member 10, an atomizing assembly 20 and a mouthpiece 30. A liquid storage chamber 101 for storing the aerosol-forming substrate is provided in the liquid storage member 10 (liquid storage portion). The atomizing assembly 20 is installed on the liquid storage member 10. The atomizing assembly 20 is provided with an atomizing chamber 201 and a liquid inlet 202 which is in communication with the atomizing chamber 201 ([0031]; Figures 1-4). The atomizing assembly 20 includes an atomizing sleeve 21, and a liquid absorbing member 22 (tubular wick element) and a heating member 23 installed in the atomizing sleeve 21 ([0037]; Figures 1-4). When the atomizer 100 is not in use, the mouthpiece 30 slides to the first locking position, and the liquid inlet 202 is closed by the mouthpiece 30, so that the aerosol-forming substrate in the liquid storage chamber 101 cannot pass through the liquid inlet 202, thereby preventing the aerosol-forming substrate from communicating with the atomizing chamber 201, thus avoiding the deterioration and leakage of the aerosol-forming substrate ([0032]; Figures 1 and 2). The sealing tube 321 (sealing portion) has a hollow cylindrical structure with openings at two ends. The through hole 301 is partially formed by the inner cavity of the sealing tube 321. The sealing tube 321 slidably seals the atomizing sleeve 21. Specifically, when the mouthpiece 30 is slid, the inner wall of the sealing tube 321 can open or close the liquid inlet 202 ([0042]; Figures 1-4). When the atomizer 100 is in use, the mouthpiece 30 slides to the second locking position, and the liquid inlet 202 is opened by the mouthpiece 30, the aerosol-forming substrate in the liquid storage chamber 101 can enter the atomizing chamber 201 through the liquid inlet 202, thus being heated and atomized to form smoke. By sliding the mouthpiece 30 to adjust the locking positions of the mouthpiece 30, the communication relationship between the liquid storage chamber 101 and the atomizing chamber 201 can be changed, which is convenient for the user ([0032]; Figures 3 and 4).
Claims 22 and 23. Qiu discloses that the mouthpiece 30 is slidably sleeved on the outside of the liquid storage member 10 along the axial direction. A locking portion 302 (first locking element) is provided on the outer wall of the liquid storage member 10. A first engaging portion 102 (second locking element) and a second engaging portion 103 are provided on the inner wall of the mouthpiece 30 along the direction in which the mouthpiece 30 is inserted into the liquid storage member 10. The locking portion 302 is matched with the first engaging portion 102 and the second engaging portion 103. When the mouthpiece 30 is slid to cause the locking portion 302 to engage with the first engaging portion 102, the mouthpiece 30 is in the first locking position relative to the liquid storage member 10. When the mouthpiece 30 is slid to cause the locking portion 302 to engage with the second engaging portion 103, the mouthpiece 30 is in the second locking position relative to the liquid storage member 10 ([0034]; Figures 1-4).
Claim 25. Qiu discloses that the mouthpiece 30 is slidably sleeved on the outside of the liquid storage member 10 along the axial direction. A locking portion 302 is provided on the outer wall of the liquid storage member 10. A first engaging portion 102 and a second engaging portion 103 are provided on the inner wall of the mouthpiece 30 along the direction in which the mouthpiece 30 is inserted into the liquid storage member 10. The locking portion 302 is matched with the first engaging portion 102 and the second engaging portion 103. When the mouthpiece 30 is slid to cause the locking portion 302 to engage with the first engaging portion 102, the mouthpiece 30 is in the first locking position relative to the liquid storage member 10. When the mouthpiece 30 is slid to cause the locking portion 302 to engage with the second engaging portion 103, the mouthpiece 30 is in the second locking position relative to the liquid storage member 10. The setting of the locking portion 302, the first engaging portion 102 and the second engaging portion 103, on the one hand, realizes the connection between the mouthpiece 30 and the liquid storage member 10, and on the other hand, plays a positioning role when sliding the mouthpiece 30 relative to the liquid storage member 10, which is convenient for the user to operate ([0034]; Figures 1-4).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 2023/0110108) in view of Mironov et al. (US 2017/0105452).
Claims 26 and 27. Qiu discloses the cartridge assembly of claim 16 but does not explicitly disclose a heating chamber configured for insertion of the cartridge assembly and at least one inductor coil for inductively heating the cartridge assembly.
Mironov et al. discloses a cartridge for use in an electrically heated aerosol-generating system, the electrically heated aerosol-generating system comprising an aerosol-generating device, the cartridge configured to be used with the device, wherein the device comprises a device housing; an inductor coil positioned in the device housing; and a power supply connected to the inductor coil and configured to provide a high frequency oscillating current to the inductor coil ([0005]; Figures 1 and 4).
Mironov et al. teaches that the arrangement using inductive heating has the advantage that no electrical contacts need be formed between the cartridge and the device. And the heating element, in this case the susceptor element, need not be electrically joined to any other components, eliminating the need for solder or other bonding elements. Furthermore, the coil is provided as part of the device making it possible to construct a cartridge that is simple, inexpensive and robust. Cartridges are typically disposable articles produced in much larger numbers than the devices with which they operate. Accordingly reducing the cost of cartridges, even if it requires a more expensive device, can lead to significant cost savings for both manufacturers and consumers ([0008]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date that the heating member 23 of Qiu may be an inductive heating coil like that of Mironov et al. to eliminate the need for electrical contacts, solder, or other bonding elements and to provide a cartridge that is simple and inexpensive as taught by Mironov et al.
Allowable Subject Matter
Claims 18-21, 24, 28, and 29 are objected to as being dependent upon a rejected base claim 16 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: Qiu discloses the cartridge assembly of claim 16 but does not disclose a tubular air management element confining an airflow channel, wherein the tubular air management element comprises the sealing portion. The device of Qiu differs in that the liquid sealing member 32 and sealing tube 321 (sealing portion) do not confine the airflow channel which extends from air inlet 401 to air outlet 311 (Figures 1-4).
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).
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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.
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747
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