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 1-10, 12-13, 15, 17, 19-21 and 23-25 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
During a telephone conversation with Sophia Vogler on 08 September 2026 a provisional election was made without traverse to prosecute the invention of Group I, Claims 1-10, 12-13, 15, 17, 19-21 and 23. Affirmation of this election must be made by applicant in replying to this Office action. Claims 24 and 25 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Claim Objections
Claim 1 is objected to because of the following informalities: “a vaporizer has a combined wicking…” in Line 4 should read “the cartomizer comprising a vaporizer that has a combined wicking…”. Appropriate correction is required.
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)(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, 7-10, 12-13, 15, 20 and 23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Aggarwal et al (Publication No. US20220256923A1).
Regarding Claim 1, Aggarwal discloses a cartomizer (150) for an aerosol-generating device (i.e., smoking substitute device) (Fig. 1A; [0116]), wherein:
the cartomizer (150) has a top end (152) and a bottom end (154) which are spaced apart along a longitudinal axis of the cartomizer (see Figs. 1A-C; [0122]);
a vaporizer (Heater device 162) that has a combined wicking and heating function (Fig. 3; [0150]; discloses the device may be a wick heater which is able to conduct and vaporizing liquid via heat generated from resistive heating);
the vaporizer (162) is elongate along a longitudinal axis (Figs. 8A-B; [0151, 0197-0198]; Line A-A longitudinal axis), and has a central portion and first and second end portions (see Figs. 8A-B; [0197-0198]; the wick heater is illustrated to have a rotund elongate shape wherein the ends of the wick heater 216 can be considered as the first and second end portions while the center is the central portion); and
the vaporizer (162) is positioned below a reservoir (156) of the cartomizer (150) (see Fig. 3; [0116-0117]; the reservoir is illustrated to be above the vaporizer); and
the end portions of the vaporizer (162) sit flat on top of a lower support (Upstream plate 209) unit such that the longitudinal axis of the vaporizer is positioned transverse to the longitudinal axis of the cartomizer (150) (see Figs. 3-5B; [0159-0194]; the plate support 209 is disclosed to be a cover for the vaporizer’s wick heater, wherein both components are illustrated to be planar such that when they are assembled, they appear flat on top of each other so that the longitudinal axis of the vaporizer is transverse to the longitudinal axis of the cartomizer).
Regarding Claim 2, Aggarwal further discloses the central portion of the vaporizer (162/204) is planar with the end portions of the vaporizer and extends across an air passage (Air inlets 164) of the lower support unit (209) (see Figs. 2-5B; [0152]; the drawings, specifically Fig. 5B illustrates that the vaporizer is a planar wick heater which has a middle portion that aligns with the air inlet 164 and extends across it).
Regarding Claim 3, Aggarwal further discloses the plane of the vaporizer (162/204) is perpendicular to the longitudinal axis of the cartomizer (150) (see Figs. 3-4B; [0035]).
Regarding Claim 4, Aggarwal further discloses the planar vaporizer (162/204) has the shape of a strip with parallel or concave sides (see Fig. 8A).
Regarding Claim 7, Aggarwal further discloses the lower support unit (209) has a top surface (Trap gasket 215) which is perpendicular to the longitudinal axis of the cartomizer (150) and on which the end portions of the vaporizer (162/204) are seated (see Figs. 3-5B; [0162, 0173-0174]; the support forms contact holes 213 which further comprise trap gaskets 215; the top surface of the gaskets are perpendicular to the vaporizer and are shown to support the end portions of the wick heater).
Regarding Claim 8, Aggarwal further discloses the end portions of the vaporizer (162/204) are exposed to wells (Liquid supply holes 211) at the bottom of the reservoir (156) (Figs. 3-6; [0164-0165, 0169, 0179]; the wick heater vaporizer is in fluid communication with the reservoir via the well holes through the liquid passages provided through the wick heater; the passages are illustrated to be located on the far end portions of the wick heater).
Regarding Claim 9, Aggarwal further discloses the cartomizer (150) includes an upper clamping unit (Downstream plate 208) which sits on top of the lower support unit (209) with the vaporizer (162/204) sandwiched between the lower support unit (208) and the upper clamping unit (209) (see Figs. 5A-C; [0174]; the downstream and upstream plates are illustrated above and below the wicker heater vaporizer; discloses that the plates compress the wick heater against the gaskets).
Regarding Claim 10, Aggarwal further discloses the central portion of the vaporizer (162/204) extends across a bottom end of an air passage (Heating chamber outlet 206) of the upper clamping unit (201) (see Figs. 3-5C; [0158, 0163]; the upper/downstream plate is integrated with an outlet tube that is in communication with the air inlet that is above the central portion of the wick heater; the wick heater’s central portion extends below the bottom surface of the upper plate and subsequently the bottom end of the air passage).
Regarding Claim 12, Aggarwal further discloses the cartomizer (150) includes an outer housing ([0024]; discloses a housing around the cartomizer’s wick heater), and at the top end of the cartomizer the outer housing includes a mouthpiece (166) (Fig. 3; [0155]);
the vaporizer (162/204) is positioned inside the outer housing at the bottom end of the cartomizer (150) (see Fig. 3); and
the reservoir (156) is positioned inside the outer housing between the mouthpiece (166) and the vaporizer (162/204) (see Fig. 3).
Regarding Claim 13, Aggarwal further discloses the lower support unit (209) and the upper clamping unit (208) form a plug which closes a bottom end of the outer housing and a bottom end of the reservoir (156) (see Figs. 3-5C; [0158, 0163-0164, 0174]; the supports are disclosed to compress and seal wick heater, illustrated below the bottom end of the liquid reservoir tank; this is considered equivalent to a plug as the two support plates act as a seal that controls liquid flow to the wick heater).
Regarding Claim 15, Aggarwal further discloses the lower support unit (209) has first and second through holes (Contact holes 213) each leading from a bottom surface of the lower support unit to a respective one of the end portions of the vaporizer (162/204) (see Figs. 3-5C; [0162]; the vaporizer and support unit are illustrated to have similar dimensions; Fig. 5B specifically shows how overlaying the components will lead to the contact through holes being located on end portions of the vaporizer).
Regarding Claim 20, Aggarwal further discloses the central portion is in the form of a narrow central part (see Fig. 8A) for generating aerosol from wicked reservoir liquid (see Fig. 5B; [0164]; the liquid flow is illustrated to cycle towards the central portion of the wick heater vaporizer); and
the first and second end portions are in the form of first and second wider ends (see Fig. 8A) which are in fluid communication with the reservoir (156) (see Fig. 5B; [0164, 0179]; liquid passages are formed to get liquid to the wick, wherein said passages are located on the far end portions; discloses that the wider dimensions helps increase e-liquid retention relative to the whole heater).
Regarding Claim 23, Aggarwal further discloses a bottom surface of the lower support unit (209) provides a bottom surface of the cartomizer (150) (see Figs. 5A-B; the bottom support is clearly illustrated as an end portion of the cartomizer, wherein the bottom surface acts as the bottom surface of the cartomizer).
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 5-6 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Aggarwal et al (Publication No. US20220256923A1) as applied to Claim 1 above, and further in view of Rothwell (Publication No. US20200000150A1).
Regarding Claim 5, Aggarwal further discloses the central portion of the vaporizer (162/204) is planar with the end portions of the vaporizer and extends across an air passage (Air inlets 164) of the lower support unit (209) (see Figs. 2-5B; [0152]; the drawings, specifically Fig. 5B illustrates that the vaporizer is a planar wick heater which has a middle portion that aligns with the air inlet 164 and extends across it).
Aggarwal does not explicitly disclose that the central portion of the vaporizer (162/204) is non-planar with the end portions of the vaporizer. However, it should be noted that the change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04.IV.B).
In this regard, Aggarwal notes that while the vaporizer heater (204) is generally planar, the wick may have other embodiments wherein at least a portion (i.e., the central portion) may be curved or bent along either the major and/or minor axes [0152]. For example, Rothwell, directed to a heating element for an electronic vapor device, discloses that a planar porous conductive heating element can be formed from a sheet of material, and configured into a non-flat shape such as a curved, rippled, corrugated, ridged or otherwise made concave and/or convex [0036].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, that a portion (i.e., central portion) of the wick heater vaporizer disclosed by Aggarwal can be changed into a non-planar shape such as the shapes disclosed by Rothwell, as both are directed to a vaporizer/heating element for a vapor device, where this involves applying a known teaching of vaporizer/heating element shapes disclosed by Rothwell, to a similar heating element/vaporizer disclosed by Aggarwal to predictably yield a heating element with a non-planar central portion that is still capable of heating and generating vapor from liquid.
Regarding Claim 6, Modified Aggarwal further discloses the central portion of the vaporizer (162) is corrugated (see Claim 5 rejection for modifying Aggarwal’s vaporizer to have a non-planar central portion; Rothwell, [0036]; discloses that the non-planar heating element can be a corrugated shape).
Regarding Claim 21, Aggarwal further discloses the vaporizer (162/204) can be formed from electrically conductive fibers [0042, 0150]. Aggarwal does not specifically state that the fibers are sintered fibers having a mean diameter of 12 microns or less.
However, Rothwell, directed to a heating element for an electronic vapor provision system, discloses that the heating element can be constructed from sintered metal fibers to form a mesh that is both porous and electrically conductive for liquid deliver and heating ([0030-0031]; the dual utility of the mesh is equivalent to Aggarwal’s wick heater component). Rothwell notes that the typical fiber diameter may be about 12 microns [0035], which is within the Applicant’s disclosed range of 12 microns or less.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the wick heater disclosed by Aggarwal to comprise of sintered fibers that have a diameter of about 12 microns as disclosed by Rothwell, as both are directed to a wick heater design (i.e., porous and electroconductive heater), where this involves applying a known teaching of mesh fiber construction and sizing for a wick heater disclosed by Rothwell, to a similar wick heater design disclosed by Aggarwal, to predictably yield a wick heater capable of absorbing and vaporizing liquid to generate an aerosol.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Aggarwal et al (Publication No. US20220256923A1) as applied to Claim 1 above, and further in view of Pizzi et al (Publication No. US20200187307A1).
Regarding Claim 17, Aggarwal further discloses the lower support unit includes first and second co-molded contact pads (Pogo pins 207) each for providing electrical contact between a power-supply pin and a respective one of the end portions of the vaporizer (162/204) (see Figs. 1-5C; [Abstract, 0156-0157, 0178]; the electrical contact pins are in contact with the end portions of the wick heater which are indicated by the contact regions 216; discloses that the power supply provides electrical energy via electrical contacts which implies that the power supply has pins that are in connection with the electrical contact pins).
Aggarwal does not explicitly state that the contact pads are co-molded. However, one ordinarily skilled in the art would recognize that constructing electrical contact pads via co-molding techniques is well known within the art. For example, Pizzi, directed to an electrical heating device, discloses that a multi-layer electrode made from electrically conductive material can be made through a co-moulding process [0086].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to construct the electrode pin contacts disclosed by Aggarwal using a co-moulding technique as disclosed by Pizzi, as both are directed to a an electronic heating device with electrode contacts, where this involves applying a known co-moulding technique for generating electrical contacts disclosed by Pizzi, to a similar electrical contact disclosed by Aggarwal to predictably yield co-moulded contacts that are capable of providing electrical energy from a power supply to a heater device.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Aggarwal et al (Publication No. US20220256923A1) as applied to Claim 2 above, and alternatively further in view of Shi et al (Publication No. US20230320423A1).
Regarding Claim 19, Aggarwal further discloses that the planar vaporizer (162/204) has a length ranging from 10 and 15 mm (see Fig. 10; [0211]; the disclosed range overlaps with the claimed range of 10 mm or less and is therefore considered prima facie obvious, see MPEP § 2144.05.I);
and the central portion is in the form of a neck (Narrowing 301) with a width ranging from 1 and 6 mm (see Fig. 10; [0211]; the disclosed range overlaps with the claimed range of 1 mm or less and is therefore considered prima facie obvious, see MPEP § 2144.05.I).
Alternatively, it should be noted that the courts have held that, “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” (see MPEP § 2144.05.II).
In this case, Aggarwal notes that the dimensions and shape of the wick heater vaporizer (204) can impact the electrical resistance value of said heater, wherein there is a preference for the resistance to be between 0.1 and 2 ohms [0196]. In this regard, Shi, directed to an electronic cigarette device, discloses a resistive heating track (i.e., vaporizer) (Abstract; the track connects to electrodes to operate conductive heating and therefore is considered equivalent to the vaporizer).
The heating track/vaporizer has a length ranging from 5 to 50 mm and a width ranging from 0.2 to 0.5 mm which is capable of achieving a resistance value for heating that ranges from 0.5 to 2 ohms ([0030-0033]; the disclosed length overlaps with the claimed length range; the width is within the claimed width range; Shi’s disclosed heater dimensions is capable of achieving the desired resistance values disclosed in Aggarwal).
Thus, one ordinarily skilled in the art, based on Aggarwal and Shi’s disclosure, would reasonably routinely optimize the length and width of Aggarwal’s vaporizer to achieve dimensions similar to Shi’s disclosed length and width ranges with the goal of achieving a desired resistance value to operate the vaporizer with the intention to heat and vaporize a liquid to generate aerosol.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lauenstein (Publication No. US20210235760A1) – Heating assembly for an aerosol-generating system comprising an electric heater with a porous sheet layer, wherein the porous sheet layer can be formed into a corrugated shape.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
Prosecution Insights