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 § 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 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.
Claim(s) 1, 5-11, 13, 17, is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al (US 2014/0261492) in view of Goodman et al (US 2012/0230659).
Kane discloses, regarding claims 1, 5-10, the electronic smoking appliance 10 comprises a third section 73 which may house the liquid supply container 14 (equivalent to the liquid storage portion), the heater 19 (equivalent to the heater assembly) and the valve 40, in this embodiment the first section 70 houses the SFAP insert 220 and the mouthpiece end insert 20, while the second section 72 houses the power supply 12 and control circuitry (see paragraph 21); as shown in Figure 2, the outer cylindrical housing 22 (equivalent to a manually operated pump) may comprise cutouts or recesses (equivalent to a volume modifier of the movable element) that allow the smoker to manually apply pressure to the liquid supply container 14; preferably, the outer cylindrical housing 22 is flexible and/or compressible along its length and it completely or partially covers the liquid supply container 14 (necessarily including a volume modifier configured to vary the internal volume); the cut-out or recess may extend partially around the circumference of the outer cylindrical shell 22; also, the liquid supply container 14 may be compressed so that when pressure is applied to the liquid supply container, liquid may be pumped from the liquid supply container 14 to the capillary tube 18 (equivalent to dispensing assembly) of which the heater 19 may be part (equivalent to dispensing liquid aerosol-forming substrate onto the heater assembly). The press-actuated switch 44 may be provided below the liquid supply container 14. When pressure is applied to the liquid supply container 14 to pump liquid, the switch is also pressed and the heater 19 is activated. By applying manual pressure to the pressure switch, activating the power supply 12 and passing current through the electrical contacts to heat the liquid in the capillary tube 18 to aerosolize the liquid (equivalent to manually operated pump for pumping liquid aerosol-forming substrate from the liquid storage portion through the dispensing assembly onto the heater assembly, see paragraph 23); preferably, the liquid supply container 14 is a tubular elongate body formed from a resilient material so as to be flexible and/or compressible when squeezed (see paragraph 24); as the aerosolize material exits the heated capillary tube 18, it expands, mixing with the air phase and forming an aerosol (see paragraph 25); the valve 40 may be a check valve operable to retain liquid material in the liquid supply container 14 but which opens when the liquid supply container 14 is squeezed and pressure is applied, the check valve may be a one-way valve that allows liquid to flow in a single direction to prevent backflow of liquid and air bubbles in the liquid supply (see paragraphs 28, 31); the liquid supply container 14 may be pressurized using a pressurizing mechanism 405 that can apply a constant pressure to the liquid supply container 14. For example, pressure may be applied to the liquid supply container 14 using an internal or external spring and plate mechanism that can constantly apply pressure to the liquid supply container 14. Alternatively, the liquid supply container 14 is compressible and disposed between two plates connected by a spring, or the liquid supply container 14 is compressible and disposed between an outer housing and a plate connected by a spring, so that the plate applies pressure to the liquid supply container 14 (see paragraph 34).
Kane fails to specifically disclose a fixed element in contact with the flexible, hollow tube, and a moveable element connected to a button in a housing of the aerosol generating system.
Goodman discloses, a button (lever 28) connected to a movable element (pincher 58) with a fixed element 67 in contact with a flexible tube 66. (See Paragraph [0028]) It would have been obvious to adapt Kane in view of Goodman to provide the a fixed element in contact with the flexible, hollow tube, and a moveable element connected to a button in a housing of the aerosol generating system for providing a uniform dose of vapor with each actuation or press of the button.
Regarding claim 11, the switch 44 sends a signal when the movable element is operated. (See Paragraphs 21, 23, 26)
Kane discloses, regarding claims 13, the electronic smoking appliance 10 comprises a third section 73 which may house the liquid supply container 14 (equivalent to the liquid storage portion), the heater 19 (equivalent to the heater assembly) and the valve 40, in this embodiment the first section 70 houses the SFAP insert 220 and the mouthpiece end insert 20, while the second section 72 houses the power supply 12 and control circuitry (see paragraph 21); as shown in Figure 2, the outer cylindrical housing 22 (equivalent to a manually operated pump) may comprise cutouts or recesses (equivalent to a volume modifier of the movable element) that allow the smoker to manually apply pressure to the liquid supply container 14; preferably, the outer cylindrical housing 22 is flexible and/or compressible along its length and it completely or partially covers the liquid supply container 14 (necessarily including a volume modifier configured to vary the internal volume); the cut-out or recess may extend partially around the circumference of the outer cylindrical shell 22; also, the liquid supply container 14 may be compressed so that when pressure is applied to the liquid supply container, liquid may be pumped from the liquid supply container 14 to the capillary tube 18 (equivalent to dispensing assembly) of which the heater 19 may be part (equivalent to dispensing liquid aerosol-forming substrate onto the heater assembly). The press-actuated switch 44 may be provided below the liquid supply container 14. When pressure is applied to the liquid supply container 14 to pump liquid, the switch is also pressed and the heater 19 is activated. By applying manual pressure to the pressure switch, activating the power supply 12 and passing current through the electrical contacts to heat the liquid in the capillary tube 18 to aerosolize the liquid (equivalent to manually operated pump for pumping liquid aerosol-forming substrate from the liquid storage portion through the dispensing assembly onto the heater assembly, see paragraph 23); preferably, the liquid supply container 14 is a tubular elongate body formed from a resilient material so as to be flexible and/or compressible when squeezed (see paragraph 24); as the aerosolize material exits the heated capillary tube 18, it expands, mixing with the air phase and forming an aerosol (see paragraph 25); the valve 40 may be a check valve operable to retain liquid material in the liquid supply container 14 but which opens when the liquid supply container 14 is squeezed and pressure is applied, the check valve may be a one-way valve that allows liquid to flow in a single direction to prevent backflow of liquid and air bubbles in the liquid supply (see paragraphs 28, 31); the liquid supply container 14 may be pressurized using a pressurizing mechanism 405 that can apply a constant pressure to the liquid supply container 14. For example, pressure may be applied to the liquid supply container 14 using an internal or external spring and plate mechanism that can constantly apply pressure to the liquid supply container 14. Alternatively, the liquid supply container 14 is compressible and disposed between two plates connected by a spring, or the liquid supply container 14 is compressible and disposed between an outer housing and a plate connected by a spring, so that the plate applies pressure to the liquid supply container 14 (see paragraph 34).
Kane fails to specifically disclose a fixed element in contact with the flexible, hollow tube, and a moveable element connected to a button in a housing of the aerosol generating system.
Goodman discloses, a button (lever 28) connected to a movable element (pincher 58) with a fixed element 67 in contact with a flexible tube 66. (See Paragraph [0028]) It would have been obvious to adapt Kane in view of Goodman to provide the a fixed element in contact with the flexible, hollow tube, and a moveable element connected to a button in a housing of the aerosol generating system for providing a uniform dose of vapor with each actuation or press of the button.
Regarding claim 17, the switch 44 sends a signal when the movable element is operated. (See Paragraphs 21, 23, 26)
Claim(s) 2-4, 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al (US 2014/0261492) in view of Goodman et al (US 2012/0230659) and Papania et al (US 2009/0223513).
The teachings of Kane have been discussed above. Kane discloses, regarding claim 2, the liquid supply container 14 can be pressurized with a pressurization mechanism 405 applying a constant pressure to control the liquid output, however, controlling the output solely by means of a pressurization mechanism suffers from the technical problem of not having a high degree of accuracy.
Kane fails to disclose, the hollow member having an inlet portion and an outlet portion, the inlet portion being configured to connect with a liquid storage portion, the outlet portion being in fluid connection with the dispensing assembly, the inlet portion and the outlet portion each comprising a one-way valve, the one-way valve at the inlet portion only allowing liquid to flow from the liquid storage portion into the hollow member, the one-way valve at the outlet portion only allowing liquid to flow from the hollow member to the dispensing assembly; the volume modifier is configured to change the internal volume of the hollow member.
Papania discloses, a system for aerosolized delivery of a formulation to a patient, it is specifically disclosed (see pages 10-15 of the specification, Figures 1-8): Referring to Figures 4A and 4B, describing the aerosolization element 16, comprising a front portion 80, a rear portion 82, a chamber 84 formed meshingly between the front portion 80 and the rear portion 82, and an integrated reservoir 86 formed at an upper end of the aerosolization element and in fluid communication with an inlet of the chamber 84, one skilled in the art can directly ascertain that the communicating chamber 84 together with the reservoir 86 constitute a hollow member, a pierceable spike or needle 88 (corresponding to the inlet portion) is connected from the top of the reservoir 86 to the opening of the vial 22 (corresponding to the liquid storage portion); the pointed body 88 is formed with a first flow channel 94 extending between the pointed body upper end and the reservoir 86 to allow the formulation within the vial 22 to flow into the reservoir (equivalent to the inlet portion being configured to connect with the liquid storage portion); the front portion 80 of the aerosolization element 16 defines a foraminous surface 104 formed by a plurality of foraminous apertures 110 (equivalent to the outlet portion). The rear portion 82 delimits the movable element 106 opposite the aperture 110, which is connected to the end 53 of the actuator 108. The movable element 106 is movable or deformable to increase the pressure within the chamber 84 in response to the force exerted by the actuator 18. In the illustrated embodiment, the movable element 106 comprises an elastic diaphragm that alternately bends inward or outward in response to movement of the actuator. In operation, the fast-moving actuator 18 pushes the diaphragm inward and toward the apertures 110, increasing the pressure within the chamber 84 and ejecting formulation outward through the apertures 110 to form aerosol droplets 108. Movement of the actuator 18 in the opposite direction causes the diaphragm to flex outward and away from the pinhole, thereby reducing the pressure within the chamber 84 and introducing formulation into the region of the chamber behind the pinhole for the next cycle (see page 12, paragraphs 3-5, page 13, paragraph 1); the aerosolization element 120 may include an integrated reservoir sized to hold a predetermined amount of formulation sufficient to provide a single dose or multiple doses (see page 14, paragraph 2)
It would have been obvious to adapt Kane in view of Papania for providing the outlet portion in fluid connection with the dispensing assembly, the inlet portion and the outlet portion each comprising a one-way valve, the one-way valve at the inlet portion only allowing liquid to flow from the liquid storage portion into the hollow member and the one-way valve at the outlet portion only allowing liquid to flow from the hollow member to the dispensing assembly volume modifier being configured to change the internal volume of the hollow member.
Claim(s) 11-12, 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al (US 2014/0261492) in view of Goodman et al (US 2012/0230659) and Li et al (US 2015/0027468).
The teachings of Kane have been discussed above. Kane fails to disclose the kinetic switch. However, Li discloses a switch 44 is activated when the reservoir is compressed by pressing the movable element 102. (See Paragraph [0020]) It would have been obvious to adapt Kane to provide the switch for automatically activating the heating element. It would have been obvious to use a kinetic switch as selecting the appropriate type of switch for the application involves only routine skill in the art.
Claim(s) 12, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al (US 2014/0261492) in view of Goodman et al (US 2012/0230659), Li et al (US 2015/0027468) and Papania et al (US 2009/0223513).
The teachings of Kane have been discussed above. Kane fails to disclose the wireless communication. However, Papania discloses an aerosol device have a wireless communication channel. (See Paragraph [0115]) It would have been obvious to adapt Kane in view of Papania to provide transmitting the electronic signal to a control unit via a wireless communication channel as Papania discloses a wireless communication channel is an obvious variant as a wired connection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 7/11/2026
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