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 – 19 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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference signs mentioned in the description: “104” (upstream portion) and “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.
Specification
The disclosure is objected to because of the following informalities: reference character “121” has been used to designate both ledge (page 21 line 32 of specification) and reservoir (page 27 line 26 of specification). The figures display “121” as a ledge. Please relabel specification accordingly.
Appropriate correction is required.
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 – 2, 5 – 10, and 12 – 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 20182112525 A1 (Buchberger).
Regarding claim 1, Buchberger teaches an aerosol/vapor provision system such as an e-cigarette (10). The e-cigarette comprises two main components, namely a control or power component or section (20) and a cartridge assembly or section (30) (page 4 lines 25 – 30; figure 1). The atomizer (160) is inside the cartridge and comprises a first carrier component (101) and a second carrier component (102). These two components (101, 102) play a role in supporting a planar heating element (103), and in this regard can be referred to as providing a heating element cradle (page 8 lines 15 – 18; figure 2). When the upper cradle component (101) is mounted to the lower cradle component (102) they are separated by a gap (200) (page 11 lines 20 – 21). The gap (200) is in fluid communication with the reservoir and hence provides capillary channels which extend along both sides of the heating element (103) and through which source liquid may be drawn from the reservoir to the heating element where it enters the pores of the heating element for vaporization to generate a vapor in the vaporization chamber (120) during use (page 11 lines 31 – 36; figure 6). The first and second carrier components read on the claim limitation of housing at least partly housing the aerosol generating component and housing defining a capillary gap through which aerosolizable material can be fed to the aerosol generating component. Additionally, figure 19 teaches an embodiment with elongate slots that do not overlap the capillary gap.
Regarding claim 2, Buchberger teaches an article as described by claim 1. Figures 2 – 5, and 19 – 20 further teach elongate slots which are found inboard of the capillary gap (200) which is located outside the heating element (103).
Regarding claim 5, Buchberger teaches an article as described by claim 1. Buchberger further teaches that the planar heating element (103) is formed of a sintered metal fiber material and is generally in the form of a sheet (page 9 lines 6 - 7; figure 2).
Regarding claim 6, Buchberger teaches an article as described by claim 1. Buchberger further teaches a gap (200) is in fluid communication with the reservoir and hence provides capillary channels which extend along both sides of the heating element (103) and through which source liquid may be drawn from the reservoir to the heating element where it enters the pores of the heating element for vaporization to generate a vapor in the vaporization chamber (120) during use (page 11 lines 31 – 36; figure 6). Since the gap (200) surrounds the heating element (103), the outside area of the heating element (103) reads on the claim limitation of an aerosolizable material feed section. Since the heating element generates vapor, the interior reads on the claim limitation of an aerosolization section.
[AltContent: textbox (Figure 1 – figure 4 from Buchberger. Area highlighted in black reads on the claim limitation of an aerosol material feed portion, while the area inside the black highlighted portion reads on the claim limitation of an aerosolization section.)]
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Regarding claim 7, Buchberger teaches an article as described by claim 6. Figures 2 – 5 and 19 – 20 of Buchberger further teach elongate slots in the interior of the heating element (103) which would place them within the aerosolization section.
Regarding claim 8, Buchberger teaches an article as described by claim 6. Figure 1 of office action (see above) highlights the aerosolizable material feed section and the aerosolization section of the heating element (103). The capillary gap (200) lies outside the heating element (103) and feeds aerosol generating material to the aerosolizable material feed section. As the aerosolizable material feed section lies in between the aerosolization section and the capillary gap (200), the capillary gap (200) and the aerosolization section does not overlap.
Regarding claim 9, Buchberger teaches an article as described by claim 6. Figure 6 of Buchberger shows the capillary gap (200) running outside the heating element (103). As the aerosolization section lies on the interior of the heating element, it reads on the claim limitation of being inboard the capillary gap.
Regarding claim 10, Buchberger teaches an article as described by claim 6. Figure 1 of the office action (above) highlights the aerosolizable material feed section on the heating element (103). As it is the outside layer of the heating element (103), it would border and overlap the capillary gap (200) as it would surround the outside of the heating element (103) (figure 6).
Regarding claim 12, Buchberger teaches an article as described by claim 1. Buchberger further teaches that when the upper cradle component (101) is mounted to the lower cradle component (102) they are separated by a gap (200) corresponding to the height of the shoulders (110a) and the locating walls (111) (page 11 lines 20 – 22). The gap (200) is in fluid communication with the reservoir and hence provides capillary channels which extend along both sides of the heating element (103) and through which source liquid may be drawn from the reservoir to the heating element where it enters the pores of the heating element for vaporization to generate a vapor in the vaporization chamber (120) during use (page 11 lines 31 – 36).
Regarding claim 13, Buchberger teaches an article as described by claim 1. Buchberger further teaches that the atomizer (160) further comprises the heating element (103), a first electrical contact element (104) for connecting to a first end of the heating element (103) and a second electrical contact element (105) for connecting to a second end of the heating element (103) (page 8, lines 21 – 23; figure 2).
Regarding claim 14, Buchberger teaches an article as described by claim 1. Buchberger further teaches that the assembled atomizer (160) is generally tubular with a central passageway forming a vaporization chamber defined by the respective recesses (120) in the upper and lower carrier components (page 11 lines 27 – 29). And that the cartridge assembly (30) includes a reservoir (3) containing a source liquid comprising a liquid formulation from which an aerosol is to be generated, for example containing nicotine (page 4 lines 31 – 33; figure 1).
Regarding claim 15, Buchberger teaches an article as described by claim 1. Buchberger further teaches a vapor generating element such as the planar heating element comprises a porous sheet-like material (page 19 lines 20 – 21).
Regarding claim 16 and 18, Buchberger teaches an article as described by claim 1. Buchberger further teaches that a suitable material for the vapor generating element is an electrically conductive material such as a metal or metal alloy formed into a fine mesh, web, grill or similar configuration having a sheet format i.e. a planar shape with a thickness many times smaller than its length or breadth (page 7 lines 13 – 19).
Regarding claim 17, Buchberger teaches an article as described by claim 1. Figure 2 of Buchberger further shows the aerosol generating component (103) as a single layer.
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 3, 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over WO 20182112525 A1 (Buchberger) as applied to claim 1 above, and further in view of CN 215189450 U (Luo).
Regarding claim 3, Buchgerger teaches an article as described by claim 1. Buchberger does not teach that one, more or each elongate slot is connected to an elongate slit so as to provide at least one elongate aperture. Figure 1 of Luo shows a heating element (1) with both a slot and a slit connected to each other to form one elongate aperture (see figure 2 of office action below).
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 Buchberger with the heating element of Luo, with reasonable expectation of success, because Buchberger indicates that slots in the heating element cause current to be forced to follow a meandering path which results in a concentration of current, and hence electrical power, around the ends of the slots. The different current/power densities at different locations on the heating element give areas of relatively high current density that become hotter than areas of relatively lower current density. This provides the heating element with a range of different temperatures and increases temperature gradients, which can be desirable in the context of aerosol provision systems. Different components of a source liquid may aerosolize/vaporize at different temperatures, so providing a heating element with a range of temperatures can help simultaneously aerosolize a range of different components in the source liquid (page 9 lines 24 – 34). Altering the orientation of slots in the heating element would allow the device of Buchberger to alter and optimize
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[AltContent: textbox (Figure 2 – figure 1 of CN 215189450 U (Luo). Elongate apertures of the heating element contain regions that read on the claim limitation of both a slit (bordering outside of heating element) and a slot (top portion of elongate aperture).)]the heating pattern of its heating element for different aerosols.
Regarding claim 4, Buchberger teaches an article as described by claim 3. Buchberger does not teach that one, more, or each elongate slit and the capillary gap overlaps. Figure 1 of Luo shows the slit of the heating element (1) bordering the exterior of the heating element (1). Modifying the heating element of Buchberger with the heating element of Luo would place the slits next to and overlap the capillary gap (200) (additionally see figure 2 of office action above).
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 Buchberger with the heating element of Luo, with reasonable expectation of success, because Buchberger indicates that slots in the heating element cause current to be forced to follow a meandering path which results in a concentration of current, and hence electrical power, around the ends of the slots. The different current/power densities at different locations on the heating element give areas of relatively high current density that become hotter than areas of relatively lower current density. This provides the heating element with a range of different temperatures and increases temperature gradients, which can be desirable in the context of aerosol provision systems. Different components of a source liquid may aerosolize/vaporize at different temperatures, so providing a heating element with a range of temperatures can help simultaneously aerosolize a range of different components in the source liquid (page 9 lines 24 – 34). Altering the orientation of slots in the heating element would allow the device of Buchberger to alter and optimize the heating pattern of its heating element for different aerosols.
Regarding claim 11, Buchberger teaches an article as described by claim 6. Buchberger does not teach one, more or each elongate slot is connected to an elongate slit so as to provide at least one elongate aperture, and wherein one, more, or each slit is provided in the aerosolizable material feed section. Figure 1 of Luo shows a heating element (1) with elongate apertures within it. The aperture can be divided into two portions and reads on the claim limitations of a slot and a slit (see figure 2 of office action above). As the slits are bordering the outside of the heating element, when modifying the heating element of Buchberger with the heating element of Luo, the slits would be bordering the capillary gap (200) and thus be in the aerosolizable material feed section.
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 Buchberger with the heating element of Luo, with reasonable expectation of success, because Buchberger indicates that slots in the heating element cause current to be forced to follow a meandering path which results in a concentration of current, and hence electrical power, around the ends of the slots. The different current/power densities at different locations on the heating element give areas of relatively high current density that become hotter than areas of relatively lower current density. This provides the heating element with a range of different temperatures and increases temperature gradients, which can be desirable in the context of aerosol provision systems. Different components of a source liquid may aerosolize/vaporize at different temperatures, so providing a heating element with a range of temperatures can help simultaneously aerosolize a range of different components in the source liquid (page 9 lines 24 – 34). Altering the orientation of slots in the heating element would allow the device of Buchberger to alter and optimize the heating pattern of its heating element for different aerosols.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over WO 20182112525 A1 (Buchberger) as applied to claim 1 above, and further in view of US 20230180832 A1 (Jang).
Regarding claim 19, Buchberger teaches an article as described in claim 1. Buchberger further teaches a vapor provision system, an aerosol generating component for a vapor provision system, or an aerosol source for an aerosol generating component for a vapor provision system or for a vapor provision system comprising an atomizer (page 2 lines 11 – 15; figure 1). And that the power component (20) includes a cell or battery (5) to provide power for electrical components of the e-cigarette (10), in particular the vapor generating element (4) (page 6 lines 7 – 9; figure 1). Buchberger does not teach a controller for the aerosol provision system. 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 provision system of Buchberger 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
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/BRENDON THOMAS JUENGST/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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