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 § 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 44 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 44 recites the limitation "the aerosol provision system" in lines 4 and 7. There is insufficient antecedent basis for this limitation in the claim. The claim recites an "aerosol provision device" in lines 1-2, but does not define the aerosol provision system.
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 1-3, 6, 9-11, 30, 31, 35, 36, 39, 41, 43-45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Novak (US 20200154786).
Regarding claim 1, Novak discloses an aerosol provision system for generating an aerosol (see Fig. 1; [0043], aerosol delivery device 10), wherein the aerosol provision system comprises:
an aerosol provision device (aerosol delivery device/power unit 100, [0043]); and
a consumable configured to be releasably received by the aerosol provision device (cartridge 200);
wherein the consumable is configured to be releasably received by the aerosol provision device in a first position for allowing the aerosol provision system to perform a first predetermined operation; and wherein the consumable is configured to be releasably received by the aerosol provision device in a second position for allowing the aerosol provision system to perform a second predetermined operation which is different from the first predetermined operation (Novak discloses the cartridge can be configured to insert into the chamber of the power unit in multiple orientations and that the cartridge orientation can be utilized as a selector for setting at least one operational profile; e.g., high or low power modes [0059,0061-0064]).
Regarding claim 2, Novak discloses different rotatable positions ([0059,0063]).
Regarding claim 3, Novak's cartridge has a symmetrical portion with rotational symmetry of 2 (the cartridge can be rotated 180 degrees to insert into the power unit).
Regarding claim 6, Novak discloses the aerosol provision device comprises a power source (see power unit 100) and the power unit 100 and cartridge 200 each comprise a plurality of electrodes that contact each other when the cartridge is received by the power unit (see Fig. 1; electrical connectors 120 and 225).
Regarding claims 9-11, the system comprises a pair of electrodes on the device (120a, 120b) and a pair of electrodes on the cartridge (225a, 225b) that swap contacts with each other depending on how the cartridge is oriented in the device (see Fig.3A; [0067]).
Regarding claim 30, Novak discloses that in some embodiments, the cartridge is rotatable between first and second orientations ([0063]).
Regarding claim 31, Novak discloses providing high power mode and low power modes depending on cartridge position wherein the high power mode produces more aerosol during a draw compared to lower power mode ([0061]).
Regarding claim 35, Novak discloses the orientations can provide visual or haptic effects (construed as feedback signal; [0062])). Novak discloses enabling or disabling haptic effects depending on orientation ([0062]). Additionally, the system is disclosed as providing a first visual effect or not provide the first visual effect (second different visual effect is provided instead; [0062]).
Regarding claim 36, Novak discloses tertiary electrode that is engaged in only the first orientation (see third electrical connector 160 in [0066], Figs 3A-3B).
Regarding claim 39, Novak discloses the orientations can provide visual or haptic effects (construed as notifications; [0062])). Novak discloses enabling or disabling haptic effects depending on orientation ([0062]). Additionally, the system is disclosed as providing a first visual effect or not provide the first visual effect (second different visual effect is provided instead; [0062]).
Regarding claim 41, Novak discloses the first and second orientations can provide an "on" or functional mode and "off" r non-functional mode ([0062]).
Regarding claim 43, Novak discloses an aerosol provision device for generating an aerosol in an aerosol provision system comprising the aerosol provision device and consumable (see Fig. 1; [0043], aerosol delivery device 10 having power unit 100 and cartridge 200);
wherein the aerosol provision device is configured to releasably receive a consumable, for generating the aerosol, in a first position for allowing the aerosol provision system to perform a first predetermined operation; wherein the aerosol provision device is configured to releasably receive the consumable, for generating the aerosol, in a second position for allowing the aerosol provision system to perform a second predetermined operation which is different from the first predetermined operation (Novak discloses the cartridge can be configured to insert into the chamber of the power unit in multiple orientations and that the cartridge orientation can be utilized as a selector for setting at least one operational profile; e.g., high or low power modes [0059,0061-0064]).
Regarding claim 44, Novak discloses a consumable configured to be releasably received by an aerosol provision device for generating an aerosol; wherein the consumable is configured to be releasably received, by the aerosol provision device, in a first position for allowing the aerosol provision system to perform a first predetermined operation; and wherein the consumable is configured to be releasably received, by the aerosol provision device, in a second position for allowing the aerosol provision system to perform a second predetermined operation which is different from the first predetermined operation (see cartridge 200 which is received in power unit 100; Novak discloses the cartridge can be configured to insert into the chamber of the power unit in multiple orientations and that the cartridge orientation can be utilized as a selector for setting at least one operational profile; e.g., high or low power modes [0059,0061-0064]).
Examiner also notes that the claim is only directed towards the consumable itself. How the device operates when the cartridge is inserted into the device concerns limitations of the device rather than the cartridge. The claim requires the consumable be configured to be releasably received by an aerosol provision device. The multiple receiving positions and different operations do not appear to further define structure of the consumable as these are features of the device/system.
Regarding claim 45, Novak discloses a method for controlling the operation of an aerosol provision system for generating an aerosol, wherein the method comprises:
moving a consumable, from the aerosol provision system, between a first position in which the consumable is releasably received by an aerosol provision device of the aerosol provision system, and a second position in which the consumable is releasably received by the aerosol provision device, wherein the second position is different from the first position; wherein the first position, the aerosol provision system is configured to perform a first predetermined operation; and wherein the second position, the aerosol provision system is configured to perform a second predetermined operation which is different from the first predetermined operation (Novak discloses inserting a cartridge into the chamber of the power unit in multiple orientations and that the cartridge orientation can be utilized as a selector for setting at least one operational profile; e.g., high or low power modes [0059,0061-0064]).
Claims 1-3, 6, 9, 18, 30, 31, 33, 43-45 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pilkington (US 20230180842).
Regarding claim 1, Pilkington discloses an aerosol provision system for generating an aerosol ([0379], Fig. C26), wherein the aerosol provision system comprises:
an aerosol provision device (main body c120); and
a consumable configured to be releasably received by the aerosol provision device (consumable c150; [00391-0397]);
wherein the consumable is configured to be releasably received by the aerosol provision device in a first position for allowing the aerosol provision system to perform a first predetermined operation; and wherein the consumable is configured to be releasably received by the aerosol provision device in a second position for allowing the aerosol provision system to perform a second predetermined operation which is different from the first predetermined operation (Pilkington discloses the consumable rotates between different positions to modify air flow/passages through the device, switch electrical contacts, or switch between/alter balance of multiple reservoirs [0381-0383]).
Regarding claim 2, Pilkington discloses different rotatable positions ([0381-0383]).
Regarding claim 3, Pilkington illustrates the device with a symmetrical portion with rotational symmetry of 2 (see mouthpiece and outer body in Fig. C26).
Regarding claim 6, Pilkington discloses plural electrical contacts on the device and consumable ([0388-0391]).
Regarding claim 9, Pilkington discloses the electrical contacts making different configurations which alters the resistance of the power circuit in different rotational configurations ([0400]).
Regarding claim 18, Pilkington discloses forming different air supply arrangements based on the rotational configurations ([0401-0404]).
Regarding claim 30, Pilkington discloses the cartridge rotates between positions (construed as reading on sliding)([0393-0395]).
Regarding claim 31, Pilkington discloses the configurations being used to control strength and flow of vapor and airflow of device ([0401,0403]).
Regarding claim 33, Pilkington discloses switching between multiple reservoirs ([0383]).
Regarding claim 43, Pilkington discloses an aerosol provision device for generating an aerosol in an aerosol provision system comprising the aerosol provision device and consumable (see main body c120, Fig. C26);
wherein the aerosol provision device is configured to releasably receive a consumable, for generating the aerosol, in a first position for allowing the aerosol provision system to perform a first predetermined operation; wherein the aerosol provision device is configured to releasably receive the consumable, for generating the aerosol, in a second position for allowing the aerosol provision system to perform a second predetermined operation which is different from the first predetermined operation (Novak discloses the cartridge can be configured to insert into the chamber of the power unit in multiple orientations and that the cartridge orientation can be utilized as a selector for setting at least one operational profile (Pilkington discloses the consumable rotates between different positions to modify air flow/passages through the device, switch electrical contacts, or switch between/alter balance of multiple reservoirs [0381-0383]).
Regarding claim 44, Pilkington discloses a consumable configured to be releasably received by an aerosol provision device for generating an aerosol; wherein the consumable is configured to be releasably received, by the aerosol provision device, in a first position for allowing the aerosol provision system to perform a first predetermined operation; and wherein the consumable is configured to be releasably received, by the aerosol provision device, in a second position for allowing the aerosol provision system to perform a second predetermined operation which is different from the first predetermined operation (see cartridge 200 which is received in power unit 100; Novak discloses the cartridge can be configured to insert into the chamber of the power unit in multiple orientations and that the cartridge orientation can be utilized as a selector for setting at least one operational profile (Pilkington discloses the consumable rotates between different positions to modify air flow/passages through the device, switch electrical contacts, or switch between/alter balance of multiple reservoirs [0381-0383]).
Examiner also notes that the claim is only directed towards the consumable itself. How the device operates when the cartridge is inserted into the device concerns limitations of the device rather than the cartridge. The claim requires the consumable be configured to be releasably received by an aerosol provision device. The multiple receiving positions and different operations do not appear to further define structure of the consumable as these are features of the device/system.
Regarding claim 45, Pilkington discloses a method for controlling the operation of an aerosol provision system for generating an aerosol, wherein the method comprises:
moving a consumable, from the aerosol provision system, between a first position in which the consumable is releasably received by an aerosol provision device of the aerosol provision system, and a second position in which the consumable is releasably received by the aerosol provision device, wherein the second position is different from the first position; wherein the first position, the aerosol provision system is configured to perform a first predetermined operation; and wherein the second position, the aerosol provision system is configured to perform a second predetermined operation which is different from the first predetermined operation (Pilkington discloses an aerosol provision system comprising a main body c120 and a consumable c150 wherein the consumable is rotated between different positions to modify air flow/passages through the device, switch electrical contacts, or switch between/alter balance of multiple reservoirs [0381-0383]).
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.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Novak (US 20200154786) in view of Hon (US 20190090550).
Regarding claims 19 and 20, Novak does not expressly disclose modifying the temperature of the aerosol or air in one of the first or second positions and not in the other of the first and second positions. Novak does disclose the control components may be provided such that the orientations correspond with a fixed power level and a variable power level ([0061]) or that the orientations cause the device to operate in an "on" or "off" mode ([0062]). Examiner notes that electrical aerosol generating devices conventionally use a heating element where the temperature varies in relation to the power applied (e.g., Hon discloses adjusting power to heater to adjust temperature of air/aerosol passing through device, [0019]). Novak's disclosure of varying the power level or providing power in the "on" state is construed as reading on the system being configured to modify the temperature of aerosol or air. The disclosure of the power level being fixed or the device being in the "off" state is construed as reading on device not modifying the temperature. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the device as claimed since (1) Novak discloses providing power levels with variable/fixed states or on/off states and (2) it is well known and conventional for power levels to control the heating output and temperature in an aerosol generating device (e.g., see Hon, [0019]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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