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 .
Specification
The disclosure is objected to because of the following informalities:
In Paragraphs [0061; 0064] recited: “a central air passage 20” should be --a central air passage 21--
Appropriate correction is required.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
There should be a new title for the instant application, since there are no method claims claimed in the application.
Claim Objections
Claims 1; 13-14; and 16 are objected to because of the following informalities:
Claims 1; 13-14; and 16 introduced “a first tube”. However, Applicant die not introduce “a second tube” throughout the claim set.
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.
Claim(s) 1-3,5-7,9-10, and 12-20 are as best understood and are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kane (US 2017/0258134).
As per claim 1: Kane discloses a cartridge 70, comprising: a first tube extending longitudinally, the first tube at least partially defining an air passage 20 within the cartridge 70; a vapor generator (wherein in the heater 14 is located) in communication with a first portion of the air passage 20 (as shown in fig. 2); a first air inlet 44 defined by the cartridge 70, the first air inlet 44 being in communication with a second portion (not label, see fig. 2, 8; wherein it’s located at the upstream of the cartridge 70) of the air passage 20, the second portion being upstream of the vapor generator relative to a normal direction of an airflow through the air passage 20 during an operational use of the cartridge 70 (as shown in fig. 2, 8); and a dilution air passage 54 defined by the cartridge 70, a discharge end of the dilution air passage 54 intersecting a third portion (not label, wherein the mouthpiece portion is located) of the air passage 20, the third portion being downstream of the vapor generator relative to the normal direction of the airflow (wherein the cartridge section 70 may include a mouth-end insert 8 having at least two diverging outlet passages 24, as the vapor is drawn through the mouth-end insert 8).
As per claims 2-3, 5-7, 9-10, 12-20: Kane discloses the cartridge 70, further comprising: an airflow restrictor 33 within the air passage 20, the airflow restrictor being upstream of the discharge end of the dilution air passage; and
wherein the airflow restrictor 33 is a flow tube; and
wherein the airflow restrictor 33 is between the vapor generator 14 (heater) and the first air inlet 44, and a discharge end of the airflow restrictor is spaced apart from the vapor generator (as shown in fig. 2); and
wherein the airflow restrictor 33 is between the vapor generator 14 and the first air inlet 44, and a discharge end of the airflow restrictor (not label, one end of the element 33) is spaced apart from the vapor generator 14 in order to cause the airflow through the air passage 20 to obtain an expected equilibrium Reynolds number prior to passing through the vapor generator (as shown in fig. 2); and
further comprising: a housing 6, the housing 6 defining a second air inlet 54 for the cartridge 70 (as shown in fig. 7), the second air inlet 54 at least partially defining the dilution air passage (see Para. [0084-0086]); and wherein an inlet end of the dilution air passage 54 is in direct communication with the second portion of the air passage 20, the dilution air passage 54 being a bypass vent that circumvents the vapor generator 14 (as shown in fig. 7-8); and
further comprising: a non-combustible tobacco vaping (wherein the pre-vapor formulation supply region 22 may include a filled tank lacking any fibrous storage medium 210 and containing only liquid material) insert positioned in the air passage 20; and
further comprising: a housing 6; and a reservoir within the housing 6 (see Para. [0006], wherein the cartridge includes a housing, a pre-vapor formulation reservoir in the housing), the reservoir configured to contain a pre-vapor formulation, wherein the vapor generator is configured to communicate the pre-vapor formulation from the reservoir to the first portion and at least partially vaporize the pre-vapor formulation into a vapor (see Para. [0006], wherein the pre-vapor formulation reservoir configured to store a pre-vapor formulation, a vaporizer configured to vaporize the pre-vapor formulation, the vaporizer including a heater and a wick, the wick being in fluid communication with the pre-vapor formulation reservoir, and the heater configured to vaporize at least a portion of the pre-vapor formulation in the wick to form a vapor, and an airflow diverter); and
further comprising: a housing 6, wherein the air passage 20 is defined by one of the housing 6 (as shown in fig. 2), the first tube (cartridge 70), an electrical terminal on a first end of the cartridge (see Para. [0067-0068]), a seal that seals the first end of the cartridge (wherein the first section 70 may include an outer tube (or housing) 6 extending in a longitudinal direction and an inner tube (or chimney) 62 coaxially positioned within the outer tube 6. At a first end portion of the inner tube 62, a nose portion 61 of a gasket (or seal) 15 may be fitted into the inner tube 62, while at the other end, an outer perimeter 67 of the gasket 15 may provide a liquid-tight seal with an interior surface of the outer tube 6), or a mouth end 8 insert on a second end of the cartridge (as shown in fig. 2); and
further comprising: an airflow restrictor 33, the airflow restrictor 33 being insertable into the air passage 20 at a location that is upstream of the discharge end of the dilution air passage 54, the airflow restrictor 33 being within the seal or the first tube (cartridge 70; as shown in fig. 2); and
further comprising: an airflow restrictor 33, the airflow restrictor being insertable into the air passage 20 at a location that is upstream of a discharge end of the dilution air passage 54; and
wherein the airflow restrictor 33 is within the first tube (cartridge 70); and
wherein the airflow restrictor 33 is one of a flow tube (as shown in fig. 2); and
an e-vaping device 60, comprising: the cartridge 70 and a power section 72 connectable to the cartridge 70 (as shown in fig. 2), the power section 72 including a control circuit 55 and a power source 1, the control circuit 55 being configured to selectively send an electrical current from the power source 1 to the vapor generator if the power section is connected to the cartridge (see Para. [0042]); and
further comprising: a sensor 16 operationally connected to the control circuit 55 within the power section 72, the sensor 16 being configured to sense the airflow through the air passage 20 if the power section 72 is connected to the cartridge 70, the control circuit 55 being further configured to selectively send the electrical current from the power source 1 to the vapor generator if the sensor senses the airflow (see Para. [0042], wherein Upon completing the threaded connection 205, the battery 1 may be electrically connectable with the heater 14 of the first section 70 upon actuation of the puff sensor 16. Air is drawn primarily into the first section 70 through one or more air inlets 44); and
wherein the power section 72 further includes, a second housing (not label, see fig. 2, a reusable fixture (or second section) 72), the second housing defining a second air inlet 45, the second air inlet 45 in communication with the first air inlet of the cartridge 44 if the power section is connected to the cartridge (as shown in fig. 1).
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.
Claim(s) 4, 8, and 11 are as best understood and is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane (US 2017/0258134).
As per claim 4: Kane discloses the cartridge 70, and the airflow restrictor 33. However, Kane does not explicitly disclose wherein the airflow restrictor is between the vapor generator and the discharge end of the dilution air passage.
On the other hand, Kane showed the airflow restrictor is located between the vapor generator and the first air inlet. However, a person having ordinary skill in the art would know that having the airflow restrictor at a designated areas can only deal with location of parts because such modification still would not change the function of the cartridge after all but to further enhance the flowing of aerosol within the cartridge to the discharge end as the manufacture desire. Since, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to further modify the cartridge of Kane by having the airflow restrictor is between the vapor generator and the discharge end of the dilution air passage as taught by the instant invention to further enhance the flowing of aerosol within the cartridge to the discharge end as the manufacture desire.
As per claim 8: Kane discloses the cartridge 70, wherein the air passage 20 and the dilution air passage 54 are sized to provide a first expected volumetric airflow rate through the air passage 20. However, Kane does not disclose wherein a second expected volumetric airflow rate through the dilution air passage that is in a ratio of about 60:40 during the operational use of the cartridge.
On the other hand, Kane mentioned the sheath flow and dispersion promoter insert 220 may be operable to provide a dispersion that has a mass median particle diameter of less than 1 micron and aerosol delivery rates of at least about 0.01 mg/cm.sup.3, the sheath air causes the dispersion to supersaturate and nucleate to form new particles. The faster the dispersion is cooled the smaller the final diameter of the aerosol particles. However, a person having ordinary skill in the art would know that having a second expected volumetric airflow rate through the dilution air passage that is in a ratio of about 60:40 during the operational use of the cartridge is obvious matter of design choice desire to further enhance the quality of the aerosol amount discharge to the users. Further, since applicant has not disclosed the limitation above would solves any stated problem or is for any particular purpose and it appear that the invention would perform equally well with the prior art of record.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to further modify the cartridge of Kane by having a second expected volumetric airflow rate through the dilution air passage that is in a ratio of about 60:40 during the operational use of the cartridge as taught by the instant invention to further enhance the quality of the aerosol amount discharge to the users.
As pr claim 11: Kane discloses the cartridge 70, and the airflow restrictor 33. However, Kane does not disclose wherein the airflow restrictor has a first cross-sectional flow area that is about 5-25% as large as a second cross-sectional flow area of the first portion of the air passage.
On the other hand, Kane mentioned wherein the transverse channel 33 at a backside portion of the gasket 15 may intersect and communicate with the central channel 20 of the gasket 15. This transverse channel 33 assures communication between the central channel 20 and a space 35 defined between the gasket 15 and a cathode connector piece 37. However, a person having ordinary skill in the art would know that having the airflow restrictor has a first cross-sectional flow area that is about 5-25% as large as a second cross-sectional flow area of the first portion of the air passage can only deal with change in size, because such modification still would not change the function of the cartridge after all but to further enhance the flowing of the aerosol to the discharge end.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to further modify the cartridge of Kane by having the airflow restrictor has a first cross-sectional flow area that is about 5-25% as large as a second cross-sectional flow area of the first portion of the air passage as taught by the instant invention to further enhance the flowing of the aerosol to the discharge end.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG H NGUYEN whose telephone number is (571)270-0288. The examiner can normally be reached 8:30am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abdullah Riyami can be reached at 571-270-3119. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.H.N/Examiner, Art Unit 2831 /ABDULLAH A RIYAMI/Supervisory Patent Examiner, Art Unit 2831
