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 1-14 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 1-10, in the reply filed on 09/25/2026 is acknowledged. The traversal is on the grounds that Sur does not disclose a hollow tubular susceptor element comprising transversely extending disk shaped rim which is fixed to a transversely extending wall element of a housing of the cartridge. This is not found persuasive.
Regarding the transversely extending disk shaped rim, the shared technical feature comprising the cartridge of claim 1 merely requires a hollow tubular susceptor element comprising a transversely extending disk shaped rim. The shared technical feature does not require the transversely extending disk shaped rim is made of material that can be inductively heated, a susceptor comprising a tubular portion made of the same material as the disk shaped rim, or a susceptor comprising a tubular portion and disk shaped rim made of a monolithic piece. Therefore, the sealing element (608) disclosed by Sur is considered to be a transversely extended disk shape rim of the hollow tubular susceptor element (602).
Regarding the transversely extending wall element, the shared feature requires the transversely extending disk shaped rim be fixed to a transversely extending wall element of a housing of the cartridge. The shared feature does not require a transversely extending surface of the disk shaped ring be in direct physical contact with a transversely extending surface of the wall element. Both the sealing element (608) and the outer body (604, “wall element of a housing”) in Sur extend in a transverse direction and are therefore considered to be transversely extending and the sealing element (608) is fixed to the outer body (604, Fig. 7, [0079, 0088]).
The requirement is still deemed proper and is therefore made FINAL.
Claims 11-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 09/25/2026.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the susceptor element” in line 8. There is insufficient antecedent basis for this limitation in the claim because it is the first mention of a susceptor element. Claim 1 recites “a hollow tubular susceptor element” in line 4. It is unclear if the susceptor element in line 8 is the same as the hollow tubular susceptor element introduced in line 4. The specification appears to disclose a single hollow tubular susceptor element (18, Fig. 1). Therefore, for the purposes of examination, the susceptor element in claim 1 will be interpreted as the hollow tubular susceptor element.
Claims 2-10 are also rejected by virtue of their dependence on claim 1.
Claim 3 recites the limitation "the susceptor element” in lines 2-3. Claim 1 recites “a hollow tubular susceptor element” in line 4 and “the susceptor element in line 8”. It is unclear if the susceptor element in claim 3 is the same as the hollow tubular susceptor element (claim 1 line 4) or the susceptor element (claim 1 line 8). The specification appears to disclose a single hollow tubular susceptor element (18, Fig. 1). Therefore, for the purposes of examination, the susceptor element in claim 3 will be interpreted as the hollow tubular susceptor element.
Claim 3 recites the limitation, “a proximal outer sidewall” in line 2 and “the proximal sidewall” in line 3. There is insufficient antecedent basis for the limitation, “the proximal sidewall” in the claim because it is the first mention of a proximal sidewall. The specification appears to disclose a proximal outer sidewall (26) coaxially surrounding the hollow tubular susceptor element (18) to form a cavity between the proximal outer sidewall (26) and the hollow tubular susceptor element (Fig. 2a, pg. 2). For purposes of examination, the proximal sidewall in line 3 will be interpreted as the proximal outer sidewall.
Claims 4-5 are also rejected by virtue of their dependence on claim 3.
Claim 6 recites the limitation, “the disk-shaped rim” in line 4. There is insufficient antecedent basis for this limitation in the claim because it is the first mention of a disk shaped rim. Claim 6 recites “the transversely extending disk-shaped rim” line 2. It is unclear if the disk shaped rim in claim 6 line 4 is the same as the transversely extending disk shaped rim in claim 6 line 2. The specification appears to disclose a single transversely extending disk shaped rim (18b, Fig. 1). For purposes of examination, the disk shaped rim in claim 6 line 4 will be interpreted as the transversely extending disk shaped rim.
Claim 10 recites the limitation, “the cylindrical proximal region” in line 3. There is insufficient antecedent basis for this limitation in the claim because it is the first mention of a cylindrical proximal region. Claim 10 recites “the proximal region of the cartridge has cylindrical outer shape” in line 2 and later recites, “the cylindrical proximal region” in line 3. It is unclear if the proximal region having a cylindrical outer shape is the same as the cylindrical proximal region. The specification appears to disclose a sidewall (26) having a cylindrical outer shape and a wick element extending along a center axis of the sidewall (26, Fig. 2, pg. 16). For the purposes of examination, the cylindrical proximal region will be interpreted as the proximal region having a cylindrical outer shape.
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)(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 1-4, 6-10 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Sur (US 20180132531 A1).
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Regarding claim 1, Sur discloses a cartridge (600, Fig. 7, [0075]) for use with an aerosol generating device (100, Fig. 11, [0096]), the cartridge (600) comprising:
A distal region comprising a container (606, “liquid storage portion”) configured to receive a liquid aerosol precursor composition ([0077, 0086]),
A proximal region comprising a hollow tubular resonant receiver coupling device (602, “hollow tubular susceptor element”, [0004, 0074-0075]),
A substrate (610,“a wick element”) configured to retain the aerosol precursor composition ([0075, 0085-0086]), the substrate (610, “wick”) comprising a distal part and proximal part (Fig. 7),
A distal part of the substrate (610, “wick”) extends into the container (606, “liquid storage portion”, Fig. 7, [0086]),
A proximal part of the substrate (610, “wick”) is coaxially circumscribed by the hollow tubular resonant receiver coupling device (602, “hollow tubular susceptor element”, Fig. 7, [0086, 0091]),
The hollow tubular resonant receiver coupling device (602, “hollow tubular susceptor element”) comprises a transversally extending seal member (608) forming a disk shaped rim at a distal end of the hollow tubular resonant receiver coupling device (602, “hollow tubular susceptor element”, Fig. 7, [0060, 0079]),
The seal member (608, “disk-shaped rim”) is fixed to the outer body (604, “wall element of a housing”) of the cartridge (600, Fig. 7, [0079, 0088]). The Examiner is interpreting “a transversally extending wall element” as a wall element where at least a portion extends in a transverse direction. The engagement end (604’) of the outer body (604) extends in a transverse direction and therefore the outer body (604, “wall element of a housing”) is considered to be transversely extending.
Regarding claim 2, Sur discloses the substrate (610,“a wick element”) has an elongate cylindrical shape (Fig. 7, [0080-0081]).
Regarding claim 3, Sur discloses a cartridge (600, Fig. 7), as discussed above.
Alternatively Sur discloses a cartridge (600) and control body (104, Fig. 11) which is considered to be a cartridge for use with an aerosol delivery device (100). The cartridge (600) is considered to read on all of the limitations of claim 1 as detailed above and shown in the annotated Fig. 11 below.
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Sur further discloses the cartridge comprises an outer body (304, “proximal outer sidewall”) coaxially surrounding the hollow tubular resonant receiver coupling device (602, “hollow tubular susceptor element”) to form a cavity between the outer body (304, “proximal outer sidewall”) and the hollow tubular resonant receiver coupling device (602, “hollow tubular susceptor element”, Fig. 11, [0096]).
Regarding claim 4, Sur discloses the cartridge comprises air inlets (410) provided in the outer body (304, “proximal outer sidewall”, Fig. 11, [0104]).
Regarding claim 6, Sur discloses an adhesive may be used to improve the seal between the sealing member (608, “transversely extending disk-shaped rim”) and the outer body (604, “wall element”, Fig. 7, Fig. 11, [0078]).
Regarding claim 7, The Examiner is interpreting an inclined proximal end face as an end surface at the proximal end of the hollow tubular susceptor element having an incline. The Examiner notes that the claim does not require a tip of the hollow tubular susceptor element have a point.
Sur discloses the hollow tubular resonant receiver coupling device (602, “hollow tubular susceptor element”) is a cylindrical shape having an inclined outer circumferential surface at the proximal end face of the hollow tubular susceptor (602, Fig. 7, [0079]).
Regarding claim 8, Sur discloses the cartridge (600) comprising an open proximal end at the proximal end of the hollow tubular resonant receiver coupling device (602, “hollow tubular susceptor element”, Fig. 7, [0079]).
Regarding claim 9, Sur discloses the proximal region of the cartridge (600) comprising an engagement end (604’, “proximal coupling means”) for removably attaching the cartridge (600) to a control body (104, “an aerosol generating device”, Fig. 11, [0060, 0096]).
Regarding claim 10, Sur discloses the proximal region of the cartridge has a cylindrical outer shape defined by the cylindrical shape of the hollow tubular resonant receiver coupling device (602, “hollow tubular susceptor element”) and the substrate (610, “wick”) extends along a center axis of the proximal region (Fig. 7, [0080-0081]).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Sur (US 20180132531 A1), as applied to claim 4 above, further in view of Gavrielov (US 20180027879 A1).
Regarding claim 5, Sur discloses air inlets (410) provided in the outer body (304, “proximal outer sidewall”, Fig. 11, [0104]).
Sur does not explicitly disclose the air inlet (410) are provided in a distal portion of the outer body (304, “proximal outer sidewall”, Fig. 11).
However, Gavrielov, directed to an e-vaping device (10, Fig. 1A, [0050]) ,discloses:
At least one air inlet (35) extending through a housing (50, 50’) adjacent to a connector (30) between a cartridge section (15) and battery section (20), the position of the air inlets (35) is to prevent fingers of a user from blocking the inlets (35, [0050, 0053-0055]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Sur by providing an air inlet in the outer body adjacent to the seal member (i.e. connector) such that the air inlet in positioned in a distal portion of the outer body, as taught by Gavrielov because both Sur and Gavrielov are directed to aerosol generating devices, Gavrielov teaches the position of the air inlet prevents a user from blocking the inlet with their hands, and this involves positioning an air inlet in a known location in a similar device to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee (US 20230137819 A1) discloses a heater assembly (300) comprising a susceptor (360) and a support portion (361) having a transversely extending surface coupled to a transversely extending surface of a support element (370, Fig. 3B, [0117, 0120-0121]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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