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)(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.
Claims 1-3, 5, 8, 18, 23, 24, and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bowen et al. (WO 2017/205692).
Claim 1. Bowen et al. discloses a vaporizer 100 (aerosol provision system) which includes a vaporizer body 101 (aerosol provision device) which may include a housing enclosing a power source 103 and controller 105. A cartridge 114 (consumable) may be attached on, in, or partially in the vaporizer body 101 (Figures 1a-1c; [50]). Cartridge 114 (consumable) includes one or more reservoirs 120 (first reservoir) of vaporizable material (first aerosol-generating material). Any appropriate vaporizable material may be contained within the reservoir 120 of the cartridge 114, including solutions of nicotine or other organic materials (Figures 1a-1c; [49]). Vaporizer 100 may include one or more electrical contacts on or within the vaporizer body 101 (aerosol provision device) that may engage complementary contacts 119, 121, 123 (e.g., pins or receptacles) on the cartridge 114 (consumable) when the cartridge is engaged with the vaporizer body 101. These contacts may be used to provide energy from the power source 103 to the heater 118 in implementations of the current subject matter in which the heater 118 is included in the cartridge 114. For example, when the cartridge contacts and the vaporizer body contacts are respectively engaged by coupling of the cartridge 114 with the vaporizer body 101, an electrical power circuit can be formed allowing control of power flow from the power source 103 in the vaporizer body 101 to the heater 118 in the cartridge 114. A controller 105 in the vaporizer body 101 can regulate this power flow to control a temperature at which the heater 118 heats a vaporizable material contained in the cartridge 114 ([54]; Figures 1a-1c wherein the electrical contacts 119, 121, 123 are on a base portion of the cartridge 114). One-way or two-way communication is provided between the vaporizer body 101 and the cartridge 114 through one or more electrical contacts (control electrode), which may include the electrical contacts used to provide energy from the power source 103 to the heater 118 ([55]; Figures 1a-1c).
Claim 2. Bowen et al. discloses that the contacts 119, 121, 123 are located at a first end of the cartridge 114 (consumable) (Figures 1a-1c).
Claim 3. Bowen et al. discloses that the contacts 119, 121, 123 all have the same shape (Figures 1a-1c).
Claims 5 and 8. Bowen et al. discloses that the contacts 119, 121, 123 all have the same shape and are located on a base portion of the cartridge 114 having a rotational symmetry of order 2 or more (Figures 1a-1c).
Claim 18. Bowen et al. discloses that when the cartridge contacts and the vaporizer body contacts are respectively engaged by coupling of the cartridge 114 with the vaporizer body 101, an electrical power circuit can be formed allowing control of power flow from the power source 103 in the vaporizer body 101 to the heater 118 in the cartridge 114. A controller 105 in the vaporizer body 101 can regulate this power flow to control a temperature at which the heater 118 heats a vaporizable material contained in the cartridge 114 ([54]).
Claim 23. Bowen et al. discloses a vaporizer 100 (aerosol provision system) which includes a vaporizer body 101 (aerosol provision device) which may include a housing enclosing a power source 103 and controller 105. A cartridge 114 (consumable) may be attached on, in, or partially in the vaporizer body 101 (Figures 1a-1c; [50]). Cartridge 114 (consumable) includes one or more reservoirs 120 (first reservoir) of vaporizable material (first aerosol-generating material). Any appropriate vaporizable material may be contained within the reservoir 120 of the cartridge 114, including solutions of nicotine or other organic materials (Figures 1a-1c; [49]). Vaporizer 100 may include one or more electrical contacts on or within the vaporizer body 101 (aerosol provision device) that may engage complementary contacts 119, 121, 123 (e.g., pins or receptacles) on the cartridge 114 (consumable) when the cartridge is engaged with the vaporizer body 101. These contacts may be used to provide energy from the power source 103 to the heater 118 in implementations of the current subject matter in which the heater 118 is included in the cartridge 114. For example, when the cartridge contacts and the vaporizer body contacts are respectively engaged by coupling of the cartridge 114 with the vaporizer body 101, an electrical power circuit can be formed allowing control of power flow from the power source 103 in the vaporizer body 101 to the heater 118 in the cartridge 114. A controller 105 in the vaporizer body 101 can regulate this power flow to control a temperature at which the heater 118 heats a vaporizable material contained in the cartridge 114 ([54]; Figures 1a-1c wherein the electrical contacts 119, 121, 123 are on a base portion of the cartridge 114). One-way or two-way communication is provided between the vaporizer body 101 and the cartridge 114 through one or more electrical contacts (control electrode), which may include the electrical contacts used to provide energy from the power source 103 to the heater 118 ([55]; Figures 1a-1c).
Claim 24. Bowen et al. discloses that the cartridge 114 and the vaporizer body 101 may be removably coupled together, e.g., by engaging a portion of a housing of the cartridge 114 with the vaporizer body 101 and/or the vaporizer housing (receptacle) in a mechanical connection e.g., a snap and/or friction fit or the like ([55]).
Claim 27. Bowen et al. discloses that the vaporizer can provide to a user vaporizer alerts and notifications related to liquid cartridge remaining status— such as a number of usages or inhalations remaining in a cartridge, (s) receiving and/or providing to a user, alerts and notifications related to time- based liquid cartridge usage status— such as number of usages or inhalations taken over a preset and/or predetermined period of time, for example number of usages or inhalations taken per day; (t) receiving and/or providing to a user, alerts and notifications related to liquid cartridge contents— such as active component(s), strength, dosage (or similar), flavor profile (or similar), and general formulation (or similar); (u) receiving and/or providing to a user, alerts and notifications related to liquid cartridge, liquid cartridge assembly, or similar, requiring replacement; (v) receiving and/or providing to a user, alerts and notifications related to preset times for usage of the vaporizer; and, (w) receiving and/or providing to a user, heating element alerts and notifications status or "health"— such as number of cycles performed, and/or number of cycles remaining before suggested and/or required replacement of a heating element or heating element assembly ([128]).
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 4 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen et al. (WO 2017/205692).
Claims 4 and 21. Bowen et al. discloses the consumable according to claim 1 but does not explicitly disclose wherein the consumable further comprises a mouthpiece portion comprising an aerosol outlet for receiving an aerosol generated by the aerosol generator; or an aerosol outlet tube for receiving aerosol generated by the aerosol generator, and an outlet for receiving the aerosol from the aerosol outlet tube.
Bowen et al. discloses in another embodiment that a mouthpiece 244 may be included ([59]). It would have been obvious to one of ordinary skill in the art before the effective filing date to include a mouthpiece/aerosol outlet tube in the embodiment shown in Figures 1A-1E in order to deliver aerosol generated by the heater 118 to the user. Furthermore, Figure 1D appears to show an unlabeled mouthpiece opening in the end of cartridge 114 (Figure 1D).
Claims 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen et al. (WO 2017/205692) in view of Atkins et al. (US 2019/0124982).
Claims 10 and 13. Bowen et al. discloses the consumable according to claim 1 wherein the cartridge 114 includes one or more reservoirs 120 of vaporizable material ([49]), but does not explicitly disclose that the heater 118 is configured to generate an aerosol using the second aerosol-generating material from the second reservoir and the composition of the first aerosol-generating material is different from the composition of the second aerosol-generating material.
Atkins et al. discloses a system for aerosolization of compartmentalized materials, wherein the system comprises a removable cartridge 14 ([0144]) having a multi chamber fluid reservoir with a single heater. The fluid reservoir is separated into two compartments (side A 1118, side B 1119). Each compartment is in fluid communication with the heater 1125 via conduits or capillary tubes. Each conduit may be metered with a valve 1111, 1113, such as a solenoid or piezoelectric valves (Valve A 1111 and B 1113). An air-path is established in the system, which upon inhalation, draws ambient air over the heater, forming an aerosol containing some ratio of constituents from Side A and B. The heater and valves A and B are controlled via a controller (e.g., control circuitry 1122) and battery 1124. The controller (microcontroller and/or other control circuitry) may activate the heater and valve A and/or B upon user input from breath actuation via pressure sensor, haptic lip sensing, or other means. Since valves A and B are controlled individually, the microcontroller can adjust the metering of conduits A and B via pulse width modulation of the valves. This will allow control the ratio of constituents from sides A and B in the final aerosol to be inhaled ([0179]; Figure 11).
Atkins et al. teaches that if side A is loaded with a high nicotine content (e.g., 10% mass) along with flavor components and humectants, and side B is loaded with just humectants and flavor components, the nicotine strength and/or vapor production can be modulated. Maximum nicotine delivery and vapor production can be achieved by pulsing valve A and B at the maximum appropriate duty cycle for the heater's vaporization rate. Maximum nicotine delivery with minimum visible aerosol can be achieved by pulsing valve A at maximum duty cycle while not opening valve B. Nicotine delivery itself can be modulated by adjusting the duty cycle of valve A. Regarding flavor fatigue; side A could be loaded with the user's desired nicotine level (e.g., 5% mass), flavor profile A, and humectants, while side B could be loaded with 5% nicotine, flavor profile B, and humectants. Flavor A can be enjoyed by simply pulsing valve A at max duty cycle and not opening valve B. Flavor B can be enjoyed by doing the inverse. Any blend between the flavors can be had by controlling the duty cycle ratio between valves A and B ([0180]; Figure 11). Thus, it would have been obvious to one of ordinary skill in the art that the “one or more reservoirs 120” of Bowen et al. be configured like the divided fluid reservoir of Atkins et al. in order to adjust the desired nicotine strength and/or vapor production, or alternatively modifying the flavor of the vapor as taught by Atkins et al.
Claims 14, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen et al. (WO 2017/205692) in view of Liu (US 2017/0035109).
Claims 14 and 17. Bowen et al. discloses the consumable of claim 1 but does not explicitly disclose wherein the consumable is configured to selectively heat air which passes through an air inlet channel of the consumable.
Liu discloses an electronic cigarette comprising an air inlet 501 which is arranged on an outer circumferential wall of the atomizer and is located at a position corresponding to that of the electric heating element 203 (thus selectively heating air which passes through the air inlet when the heating element is activated) ([0102]; Figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Bowen et al. so that the air inlet is located at a position corresponding to that of the electric heating element 203 as taught by Liu in order to pre-heat the air as it enters the device.
Claim 15. Bowen et al. discloses the consumable of claim 1 but does not explicitly disclose wherein the consumable further comprises a first air inlet channel for supplying air towards the aerosol generator, and a second air inlet channel for supplying air towards the aerosol generator, wherein the consumable is configured to heat air which passes through the first air inlet channel of the consumable.
Liu discloses an electronic cigarette comprising an air inlet 501 which is arranged on an outer circumferential wall of the atomizer and is located at a position corresponding to that of the electric heating element 203 (thus selectively heating air which passes through the air inlet when the heating element is activated) ([0102]; Figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Bowen et al. so that the air inlet is located at a position corresponding to that of the electric heating element 203 as taught by Liu in order to pre-heat the air as it enters the device. While Liu does not explicitly disclose a second air inlet channel, mere duplication of parts has no patentable significance unless a new and unexpected result is produced (See MPEP §2144.04(VI)(B)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date that the consumable comprises two air inlet channels.
Allowable Subject Matter
Claim 25, 29, 30, and 31 are objected to as being dependent upon a rejected base claim, 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: The closest prior art is Bowen et al. (WO 2017/205692). Bowen et al. discloses the system of claim 23 but does not disclose wherein the consumable is configured to be releasably received by the aerosol provision device in a first position, in which the control electrode from the consumable is configured to engage with the control electrode from the aerosol provision device, for allowing the aerosol provision system to perform the first predetermined operation; wherein the consumable is configured to be releasably received by the aerosol provision device in a second position, in which the control electrode from the consumable is configured to not engage with the control electrode from the aerosol provision device, for preventing the aerosol provision system from performing the first predetermined operation; and in both the first position and the second position, the plurality of electrodes from the consumable are configured to engage with the plurality of electrodes from the aerosol provision device; wherein at least one of the first and second modes of operation is configured to generate aerosol at a first rate; wherein the other of the first and second modes of operation is configured to generate aerosol at a second rate, wherein the first rate is different from the second rate; or wherein at least one of the first and second modes of operation is configured to supply heat to air, for generating the aerosol, which is supplied towards the aerosol generator; wherein the other of the first and second modes of operation is configured to not supply heat to air, for generating the aerosol, which is supplied towards the aerosol generator.
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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