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 Claims
Claims 1 – 17 are pending and are the subject of this office action. This is the first office action on the merits of the claims.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the air inlet (26 and 117 in specification) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 26 (air inlet), 117 (air inlet), 180 (airflow channel), 190 (aerosol forming chamber). Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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.
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: 47 and 147 (figure 3). 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 § 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.
Claim 3 is 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 2 recites an article as claimed in claim 1, wherein the plane of the substantially planar aerosol generating component is angled by about 140˚C to about 160˚C with respect to the inlet airflow direction. Claim 3 then recites an article as claimed in claim 2, wherein the plane of the substantially planar aerosol generating component is angled by about 130˚C to about 150˚C with respect to the inlet airflow direction. Claim 3 is dependent on claim 2, so it is unclear what the range of claim 3 should be. As claim 2 already claims an angle between about 140˚ - 160˚, claim 3 should further narrow claim 2. Claiming a range outside of 140˚ - 160˚ makes the claim indefinite. If the applicant would prefer to claim both 140˚ - 160˚ and 130˚ - 150˚, claim 3 should be changed so that it is no longer dependent on claim 2.
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 – 11 and 13 – 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 215075497 U (Zhou).
Regarding claim 1, Zhou teaches an electronic atomizing device (10) including an atomizer (20) and a power supply (30), wherein the atomizer (20) and the power supply (30) can be detachably connected (paragraph 27 of translation; figure 1). The atomizer (20) reads on the claim limitation of an article for use as part of a non-combustible aerosol provision system. The atomizer (20) includes a base assembly (100), an atomizing core (200), a top cap assembly (300), and a housing (400) (paragraph 27 of translation; figure 3). The housing (400) and base assembly (100) both read on the claim limitation of housing. The base assembly (100) is provided with an air intake channel (110), and when the user inhales, the outside gas first enters the atomizer (20) through the air intake channel (110) (paragraph 28 of translation; figure 3). The atomizing core (200) has an atomizing surface (211) for atomizing the atomizing medium and defining a portion of the boundary of the atomizing cavity. The tangent of the air intake channel (110) at the connecting point connecting the atomizing cavity forms an acute angle with the tangent of the atomizing surface (210) (paragraph 6 of translation; figure 3). Figure 3 shows the atomizing surface (211) inside the housing (400), and as substantially planar. Additionally, arrows of figure 3 indicate the airflow intake channel directing air towards the atomizing surface.
Regarding claims 4 and 5, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches that the tangent of the air intake channel (110) at the connection point connecting the atomizing cavity (240) forms an acute angle with the tangent of the atomizing surface (211) (paragraph 6 of translation; figure 3).
Regarding claim 6, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches that an atomizing cavity (240) is formed between the substrate (210) and the base assembly (100). The substrate (210) has an atomizing surface (211), which defines part of the boundary of the atomizing cavity (240) and is used to atomize the atomizing medium (paragraph 30 of translation; figure 3). The atomizing cavity reads on the claim limitation of an aerosol forming chamber, and figure 3 shows the atomizing cavity (240) as located within the housing (400) and bordered by the base assembly (100).
Regarding claim 7, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 4. Zhou further teaches that when the heating element (220) generates heat, the atomizing medium immersed in the heating element (220) and the atomizing medium on the atomizing surface (211) will absorb the heat and atomize to form an aerosol, which will be discharged into the atomizing chamber (240) (paragraph 31 of translation). Therefore, the heating element (220) reads on the claim limitation of an aerosol generating component. Zhou also teaches that the heating element (220), the first electrode (231), and the second electrode (232) are all disposed on the atomizing surface (211) (paragraph 30 of translation; figures 5 & 8). Since the heating element is located on the atomizing surface it is also in the atomizing cavity (240) as seen in figure 5.
Regarding claim 8, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches that the housing (400) is provided with an air intake channel (410), through which the aerosol will eventually be discharged and absorbed by the user (paragraph 29 of translation; figure 3). Figure 3 shows a single air channel from the air inlet (110) through the air intake section (411) defined by the housing (400) and base assembly (100).
Regarding claim 9, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 6. Zhou further teaches that when the user inhales, external gas enters the atomizing chamber (240) through the air intake channel (110). The external gas carries the aerosol into the atomizing chamber (240) through the second intake section (412) and the first intake section (411) in sequence to be absorbed by the user (paragraph 30 of translation; figure 3).
Regarding claim 10, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches that the heating element (220) includes a curved section (222) and a straight section (221). There is one curved section (222), which can be semi-circular. There are two straight sections (221), which are arranged parallel to each other and spaced apart, and the ends of the two straight sections (221) are aligned with each other. The curved segment (222) is connected to one end of both straight segments (221), making the entire heating element (220) roughly U-shaped. The first electrode (231) and the second electrode (232) are respectively connected to the other ends of the two straight segments (221) (paragraph 31; figure 8). Figure 8 shows the heating element (220) in a horseshoe shape with the elongated aperture in the middle (annotated below).
[AltContent: textbox (Figure 1 – figure 8 from CN 215075497 U (Zhou). The elongated aperture is located between the straight sections (221) and curved section (222) of the heating element (aerosol generating component).)]
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Regarding claim 11, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches that the heating element (220) can be made of metal or alloy material, and the first electrode (231) and the second electrode (232) can also be made of metal or alloy material (paragraph 31 of translation; figure 5).
Regarding claim 13, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches that the heating element (220), the first electrode (231), and the second electrode (233) are all disposed on the atomizing surface (211). For example, the three can be directly attached to the atomizing surface (211), or the atomizing surface (211) has a groove in which the heating element (220), the first electrode (231), and the second electrode (232) are at least partially housed (paragraph 30 of translation; figures 3, 5 & 8). Figures 5 and 8 further show the heating element (220) and the electrodes (231, 232) in a single layer.
Regarding claim 14, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches that the first electrode (231) and the second electrode (232) are electrically connected to the positive and negative poles of the power supply (30), respectively, so that the power supply (30) supplies power to the heating element (220) through the first electrode (231) and the second electrode (232) (paragraph 31 of translation). Therefore, the first and second electrodes read on the claim limitation of one or more electrical connectors.
Regarding claim 15, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches a liquid storage chamber (420) is formed between the top cover assembly (300) and the housing (400), and the liquid storage chamber (420) is used to store the liquid atomizing medium (paragraph 27 of translation; figure 3).
Regarding claim 16, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 15. Zhou further teaches that the substrate (210) can be made of porous ceramic material, so that the substrate (210) has a large number of micropores and forms a certain porosity. Through the capillary action of the micropores, the substrate (210) can absorb the atomized medium flowing from the liquid storage chamber (420) into the lower liquid channel (310), so the substrate (210) can play a role in the transmission and buffering of the atomized medium (paragraph 30; figure 3). Figures 3, 4 and 5 show the heating element (220) on the lower surface of the substrate (210) indicating that the substrate moves atomizing medium to the heating element (220).
Claim Rejections - 35 USC § 103
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over CN 215075497 U (Zhou).
Regarding claims 2 and 3, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches that the central axis of the air intake channel (110) is parallel to or coincides with the central axis of the atomizer, and the atomizing surface (210) is planar and forms an acute angle with the central axis of the atomizer. The acute angle (A) between the atomizing surface (210) and the central axis of the atomizer ranges from 30˚ to 60˚ (paragraphs 7 – 8 of translation; figure 3). With the central axis of the device represented by a vertical line of 180˚, intersecting the central axis at a range of 30˚ - 60˚ would produce an angle for the planar aerosol generating surface of between 120˚ and 150˚ which overlaps the claimed range of about 140˚ to 160˚ for claim 2 and about 130˚ - 150˚ for claim 3. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See MPEP 2144.05(I).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over CN 215075497 U (Zhou) as applied to claim 1 above, and further in view of WO 2020070110 A1 (Taurino).
Regarding claim 12, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou does not teach that the aerosol generating component is formed of a porous material. Taurino teaches that the heating element is preferably fluid permeable. This is achieved by arranging electrically conductive filaments such that interstices of between 10µM and 100µM are formed between the filaments. The filaments may give rise to capillary action in the interstices so that, in use, liquid to be vaporized is drawn into the interstices, increasing the contact area between the heating element and the liquid (page 6 lines 30 – 35).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heating element of Zhou with the porous mesh filament heating element of Taurino, with reasonable expectation of success, because the porous mesh serves as a wick which improves the flow and pull of atomizing medium into the heater.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over CN 215075497 U (Zhou) as applied to claim 1 above, and further in view of US 20230180832 A1 (Jang)
Regarding claim 17, Zhou teaches an article for use as part of a non-combustible aerosol provision system as described in claim 1. Zhou further teaches an electronic atomizing device (10) including an atomizer (20) and a power supply (30), wherein the atomizer (20) and the power supply (30) can be detachably connected (paragraph 27 of translation; figure 1). Zhou does not teach a controller for the device. Jang teaches a controller which controls the overall operation of the aerosol generation device (10). The controller may control the operation of the heater (14) and the battery and may also control the operation of other components included in the aerosol generation device (10). The controller controls the power supplied by the battery, the heating temperature, and the like (paragraph 69; figures 3 & 10).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the aerosol generating device of Zhou with a controller of Jang, with reasonable expectation of success, because as a controller can control the battery output to the heater and other electrical components of the device, it can allow for improved and more efficient functioning, minimizing wasted energy.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brendon Juengst whose telephone number is (571)272-8750. The examiner can normally be reached Mon-Fri 8:30-5.
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/BRENDON THOMAS JUENGST/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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