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
This office action is in response to Applicant’s amendments filed 05/22/2026.
Claims 1-7 and 21-42 are pending and are subject to this Office Action.
Claims 1-3, 21, 28, 31, 32, 35 and 38 are amended
Claims 8-20 are cancelled.
Response to Amendment
The Examiner withdraws the objections to claims 32 and 38 for informalities due to amendments to the claims filed 05/22/2026.
The Examiner withdraws the 112(b) rejections of claims 3, 31 and 32 as being indefinite due to amendments to the claims filed 05/22/2026.
Response to Arguments
Applicant’s arguments, see pages 14-15, filed 05/22/2026, with respect to the 103 rejections of independent claims 1, 21, 28 and 35 have been fully considered and are persuasive. The prior art of record does not teach the feature of “at least one discrete capillary precursor channel defined by cooperating solid, non-porous, components of the chamber that are mated to form a precursor flow passage into the chamber” as newly required by the amended independent claims. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fraser et al. (US 20200000151 A1) and Liu et al. (US 20230218005 A1).
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 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.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 20180140018 A1) in view of Schmidt et al. (US 20180249763 A1), Buchberger (US 20110226236 A1), Folmann et al. (US 20210392947 A1), Fraser et al. (US 20200000151 A1), and Liu et al. (US 20230218005 A1).
Regarding claim 1, Hu teaches a vaporizing device comprising:
a reservoir (storage chamber 102) configured to contain a thermoviscous liquid precursor ([0034]);
a dispenser (porous member 202; [0042]) configured to at least partially thermally regulate a first flow of the thermoviscous liquid precursor (one having ordinary skill in the art would recognize that any porous wicking material such as porous member 202 would have varying capillary properties at different temperatures, thus thermally regulating flow);
a chemically inert fused silica chamber configured to receive the thermoviscous liquid precursor from the reservoir and to generate a vapor (air flow grooves 2023, 504 forming chamber with quartz glass body 303, 501; Fig. 6; [0046], [0053]);
a heater (heating element 304, 502; [0037], [0052]) configured to supply heat without contribution of metals to the vapor and to vaporize at least a portion of the thermoviscous liquid precursor in the chamber;
an inlet (air inlets 108; [0036]) configured to admit air into the device and to regulate a flow of the thermoviscous liquid precursor into the chamber ([0036] teaches that the amount of air through the inlet may be regulated by an adjusting ring 109. One having ordinary skill in the art would recognize that increased inlet airflow would increase the rate of entrainment of precursor within the air and thus increase the flow of liquid precursor through the dispenser. Thus, the inlet would regulate the flow of the thermoviscous liquid precursor into the chamber);
and an outlet (aerosol discharging channel 103; [0034]).
Hu does not explicitly teach (I) that the air inlet is configured to preheat the air, (II) that the air inlet is configured to entrain the thermoviscous liquid precursor, (III) that the outlet comprises a tortuous flow geometry configured to condition vapor and aerosol prior to delivery to a user or (IV) that the dispenser comprises at least one discrete capillary precursor channel defined by cooperating solid, non-porous, components of the chamber that are mated to form a precursor flow passage into the chamber.
Regarding (I), Schmidt, directed to a vaporizing device comprising a reservoir, a dispenser, a heating chamber, a heater, an inlet and an outlet, teaches that an inlet may be configured to preheat the air flow to optimize atomization ([0075]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the inlet to preheat the air flow as taught by Schmidt because both Hu and Schmidt are directed to vaporizing devices, Schmidt teaches that configuring an inlet to preheat an air flow may improve atomization, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding (II), Buchberger, directed to a vaporizing device (inhalator; Fig. 1, Fig. 9, Figs. 21-22; [0108]) comprising a reservoir (liquid container 4 containing liquid 16; [0108], [0113]), a dispenser (wick; [0116]), a heating chamber (chamber 21; [0116]), a heater (heating element; [0116]), an inlet (feed opening 30; Fig. 10; [0121]), and an outlet (mouthpiece channel 66; [0142]), teaches that the air inlet may be configure to entrain liquid precursor ([0036]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the air inlet to entrain the liquid precursor as taught by Buchberger because both Hu and Buchberger are directed to vaporization devices, Buchberger teaches that it is known for air inlets to be configured to entrain liquid precursors, one having ordinary skill in the art would recognize that this would increase the liquid precursor atomized, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding (III), Folmann, directed to a vaporizing device (recreational inhalation device 10; [0040]) comprising a heating chamber (space or bowl 56; [0054]), an inlet (inlet 14; [0041]) and an outlet (shaft portion 38 and outlet chamber 40; [0051]), teaches that the outlet comprises a tortuous pathway to increase cooling and filtering of vapor ([0083]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by making the outlet comprise a tortuous pathway as taught by Folmann because both Hu and Folmann are directed to vaporizing device, Folmann teaches that a tortuous outlet pathway increases cooling and filtering of the vapor prior to delivery to a user, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding (IV), Fraser, directed to directed to a vaporizing device (e-cigarette 10; [0025]) comprising a reservoir (reservoir 3; [0026]), a dispenser (wick or porous element 6; [0026]), a chamber (chamber 7; [0036]) and a heater (heater 4; [0026]), teaches that the dispenser may alternatively comprise at least one discrete capillary precursor channel defined by cooperating solid, non-porous, components of the chamber that are mated to form a precursor flow passage into the chamber ([0027], [0050], [0052] teach that the dispenser may be one or more connected (i.e., cooperating or mated) slots, channels, tubes, openings, and similar. For example, the capillary channel formed by Fraser would be comprised of mating an opening of bottom wall 33 with the capillary channel).
Liu, directed to a vaporizing device (vaporizer 100; [0042]), also teaches that capillary channels (capillary grooves 23, 53) may be defined by cooperating solid, non-porous components (end cap 20 or rigid support frame 50 and inner wall of outer housing 10) that are mated to form the channels ([0058]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the dispenser to instead be at least one discrete capillary precursor channel configured to regulate flow of the thermoviscous liquid precursor into the chamber, defined by a solid, non-porous component of the chamber as taught by Fraser and Liu because Hu, Fraser and Liu are all directed to vaporizing devices comprising dispensers, Fraser teaches that at least one discrete capillary channel formed in a solid non-porous component is a known alternative to a wicking component, Liu similarly teaches that capillary channels may be defined by cooperating solid components, and this involves substituting one alternative liquid precursor delivery configuration for another to yield predictable results.
Regarding claim 2, Hu teaches that the dispenser comprises a capillary structure (porous member 202; [0043]; one having ordinary skill in the art would reasonably recognize that porous materials transport fluids using capillary action) configured to regulate the flow of the thermoviscous liquid precursor by thermal and pressure-mediated control (one having ordinary skill in the art would recognize that a porous member would regulate flow rate due to changes in temperature and pressure, for example, and increase in temperature would be expected to decrease liquid viscosity and thereby increase flow rate through the porous material).
Regarding claim 3, Hu teaches that at least a portion of fused silica material of the chamber has a hydroxyl (OH) content that allows for transmission of infrared wavelengths produced by the heater in to the chamber ([0037], [0046]).
Regarding claim 4, Hu teaches that the heater comprises a resistive element ([0038], [0041], [0052]) configured to supply heat to the chamber without direct contact with the thermoviscous liquid precursor ([0039]).
Regarding claim 5, Hu does not explicitly teach a laminar flow section and a downstream flow-disrupting body configured to generate periodic pressure fluctuations for flow sensing.
Buchberger teaches that a sensor (sensor 99; Figs. 8-9, 18; [0152]) positioned in the inlet may be used to detect air flow and modulate the heater accordingly ([0002]). Buchberger teaches that prior to the sensor, the inlet may have a laminar flow section (portion between feed opening 30 and transverse channel 29; see Fig. 10) and a downstream flow-disrupting body (flow throttle 28; [0152]) configured to generate periodic pressure fluctuations for flow sensing.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by placing a pressure flow sensor in the inlet and using the configuration as taught by Buchberger because both Hu and Buchberger are directed to vaporizing devices, Buchberger teaches that a pressure flow sensor may be used to better control the device heating and further teaches an optimal airflow configuration for the pressure flow sensor, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 6, Hu does not explicitly teach a sensor coupled with the inlet and configured to detect a flow parameter indicative of inhalation, wherein the flow parameter is used to modulate at least one of the flow of the thermoviscous liquid precursor and a power delivered to the heater.
Buchberger teaches that a sensor (sensor 99; Figs. 8-9, 18; [0152]) coupled with the inlet may be configured to detect a flow parameter indicative of inhalation, wherein the flow parameter is used to modulate a power delivered to the heater ([0002]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by placing in the inlet a pressure flow sensor configured to detect a flow parameter indicative of inhalation, wherein the flow parameter is used to modulate a power delivered to the heater because both Hu and Buchberger are directed to vaporizing devices, Buchberger teaches that a pressure flow sensor may be used to better control the device heating, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 8, Hu teaches that the dispenser is integrated with the reservoir (see Fig. 1) and comprises flow-restrictive capillary channels (porous material is interpreted to comprise capillary channels) that at least partially thermally regulate the first flow of the thermoviscous liquid precursor (one having ordinary skill in the art would recognize that any porous wicking material such as porous member 202 would have varying capillary properties at different temperatures, thus thermally regulating flow).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hu, Schmidt, Buchberger, Folmann and Fraser as applied to claim 1 above, and further in view of Bright et al. (US 20170172210 A1).
Regarding claim 7, Hu does not explicitly teach that the reservoir is detachable from the vaporizing device.
Bright, directed to a vaporizing device (aerosol-generating system 100; [0070]) comprising a reservoir (liquid reservoir 120; [0071]), a dispenser (pump 132; [0072]), a heater (vaporizer 134; [0072]), an inlet (air inlet 118; [0073]), and an outlet (air outlet 116; [0073]), teaches that the reservoir may be detachable from the vaporizing device ([0006], [0076]) and configured to releasably couple with a control unit housing (housing 110; Fig. 1; [0070-0071]), the chamber and the heater being disposed within, and integrated with, the control-unit housing such that the heater is not discarded when the reservoir is replaced.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by making the reservoir detachable from the vaporizing device and configured to releasably couple with a control unit housing, the chamber and the heater being disposed within, and integrated with, the control-unit housing such that the heater is not discarded when the reservoir is replaced as taught by Bright because both Hu and Bright are directed to vaporizing devices, Bright teaches that a reservoir may be detachable to replace the liquid, and this involves applying a known teaching to a similar device to yield predictable results.
Claims 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 20180140018 A1), Fraser et al. (US 20200000151 A1) and Liu et al. (US 20230218005 A1).
Regarding claim 1, Hu teaches a vaporizing device comprising:
a chamber configured to receive a thermoviscous liquid precursor and to generate a vapor and an aerosol therefrom (air flow grooves 2023, 504 forming chamber with quartz glass body 303, 501; Fig. 6; [0046], [0053]), the chamber comprising at least one fused silica component (quartz glass body 303, 501) to provide a chemically inert thermally stable boundary for the thermoviscous liquid precursor, the chamber including at least one capillary structure (porous member 202; [0042]) configured to regulate a flow of the thermoviscous liquid precursor into the chamber by thermal and pressure- mediated control (one having ordinary skill in the art would recognize that any porous wicking material such as porous member 202 would have varying capillary properties at different temperatures, thus thermally regulating flow);
a heater (heating element 304, 502; [0037], [0052]) thermally coupled to the chamber and configured to supply heat to vaporize at least a portion of the thermoviscous liquid precursor within the chamber, wherein the capillary structure and the heater cooperate such that changes in temperature at the fused silica component modulate a viscosity of the thermoviscous liquid precursor thereby modulating a flow resistance of the capillary structure (one having ordinary skill in the art would recognize that a porous member would regulate flow rate due to changes in temperature and pressure, for example, and increase in temperature would be expected to decrease liquid viscosity and thereby increase flow rate through the porous material), and wherein the heater is fluidically isolated from the thermoviscous liquid precursor, vaporizing device intake air, generated vapor, and generated aerosol by the fused silica component such that heater materials are prevented from contacting the thermoviscous liquid precursor, vaporizing device intake air, generated vapor, and generated aerosol ([0039]);
a reservoir (storage chamber 102) configured to contain a thermoviscous liquid precursor ([0034]);
an inlet (air inlets 108; [0036]) configured to admit air into the device ([0036] teaches that the amount of air through the inlet may be regulated by an adjusting ring 109) and to direct the air toward the chamber for mixing with vapor generated within the chamber;
and an outlet (aerosol discharging channel 103; [0034]) downstream of the chamber configured to deliver conditioned vapor and aerosol to a user.
Hu does not teach that the capillary structure is a discrete capillary precursor channel defined by cooperating solid, non-porous, components of the chamber mated to form a flow passage into the chamber.
Fraser, directed to directed to a vaporizing device (e-cigarette 10; [0025]) comprising a reservoir (reservoir 3; [0026]), a dispenser (wick or porous element 6; [0026]), a chamber (chamber 7; [0036]) and a heater (heater 4; [0026]), teaches that the dispenser may alternatively comprise at least one discrete capillary precursor channel defined by cooperating solid, non-porous, components of the chamber that are mated to form a precursor flow passage into the chamber ([0027], [0050], [0052] teach that the dispenser may be one or more connected (i.e., cooperating or mated) slots, channels, tubes, openings, and similar. For example, the capillary channel formed by Fraser would be comprised of mating an opening of bottom wall 33 with the capillary channel).
Liu, directed to a vaporizing device (vaporizer 100; [0042]), also teaches that capillary channels (capillary grooves 23, 53) may be defined by cooperating solid, non-porous components (end cap 20 or rigid support frame 50 and inner wall of outer housing 10) that are mated to form the channels ([0058]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the dispenser to instead be at least one discrete capillary precursor channel configured to regulate flow of the thermoviscous liquid precursor into the chamber, defined by a solid, non-porous component of the chamber as taught by Fraser and Liu because Hu, Fraser and Liu are all directed to vaporizing devices comprising dispensers, Fraser teaches that at least one discrete capillary channel formed in a solid non-porous component is a known alternative to a wicking component, Liu similarly teaches that capillary channels may be defined by cooperating solid components, and this involves substituting one alternative liquid precursor delivery configuration for another to yield predictable results.
Regarding claim 22, Hu teaches that the fused silica component 303, 501 comprises a chamber bottom formed from fused silica that is positioned between the heater and an interior region of the chamber (Figs. 4, 6; [0046], [0053]).
Regarding claim 23, Hu teaches that the chamber comprises a thin film formation region having a high surface-area-to-height ratio configured to spread the thermoviscous liquid precursor into a thin layer over the thin film formation region to promote rapid and uniform heating and vaporization ([0046]).
Regarding claim 24, Hu teaches that an internal heating surface of the chamber comprises at least one of raised features, protrusions, and patterned elements that are configured to increase effective heating surface area relative to a flat surface and to influence internal flow patterns ([0046], Figs. 4 and 6 teach that the internal heating surface of the chamber comprise patterned elements to increase evaporation, and thus influence flow patterns. Furthermore, one having ordinary skill in the art would expect a porous member 202 to have a patterned surface that would additionally increase the surface area).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Hu, Fraser and Liu as applied to claim 21 above, and further in view of Althorpe et al. (US 20170360092 A1).
Regarding claim 25, Hu does not explicitly teach that the chamber is configured to establish vortical flow of a mixture of air, generated vapor, and generated aerosol within the chamber.
Althorpe, directed to a vaporizing device (electronic nicotine delivery system 10; [0040]) comprising a chamber (vaporization chamber 26; [0045]) with a capillary structure (elongate wick 30; [0040]), a heater (electric heater 14; [0040]), an inlet (air inlet 17; [0040]), and an outlet (outlet 25; [0040]), teaches that a chamber may be configured to establish a vortical flow of air, generated vapor and generated aerosol within the chamber ([0075]). Althorpe teaches that this configuration improves mixing and provides a more uniform vapor ([0075]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the chamber to establish vortical flow as taught by Althorpe because both Hu and Althorpe are directed to vaporizing devices, Althorpe teaches that a chamber configured to induce vortical flow improves mixing in a chamber, and this involves applying a known teaching to a similar device to yield predictable results.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Hu, Fraser and Liu as applied to claim 21 above, and further in view of Folmann et al. (US 20210392947 A1), or in the alternative in view of Folmann and Wensley et al. (US 20140190496 A1).
Regarding claim 26, Hu does not explicitly teach (I) that the outlet downstream of the chamber defines a tortuous flow path or (II) that generated aerosol particles in a size range from about 2.5 microns to about 5 microns are preferentially delivered to the user, and generated aerosol particles having a diameter greater than about 5 microns are preferentially removed from the aerosol prior to exiting the outlet.
Regarding (I), Folman, directed to a vaporizing device (recreational inhalation device 10; [0040]) comprising a chamber (space or bowl 56; [0054]), an inlet (inlet 14; [0041]) and an outlet (shaft portion 38 and outlet chamber 40; [0051]), teaches that the outlet comprises a tortuous pathway comprising at least one of an impaction surface, a bend, a directional change, and a baffle to increase cooling and filtering of vapor ([0083]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by making the outlet comprise a tortuous pathway as taught by Folmann because both Hu and Folmann are directed to vaporizing device, Folmann teaches that a tortuous outlet pathway increases cooling and filtering of the vapor prior to delivery to a user, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding (II), the Examiner notes that the limitation to “generated aerosol particles in a size range from about 2.5 microns to about 5 microns....” is directed to a manner of operating the device.
The Examiner notes that the instant specification states that a “combination of pressure, velocity, and directional changes along the flow path may facilitate targeted separation of particles based on their size, mass, or inertia prior to delivery to the user”. It would therefore be reasonable to conclude that this combination of factors may determine the particles delivered to the user, such as by operating at different pressure, velocity or inhale strength, and not just the structure of the outlet. Thus, any “tortuous outlet flow path” that is not just a straight outlet would reasonably be expected to be capable of operating in a manner that would allow for some particles to be removed. Thus, the tortuous pathway of Folmann ([0083]) would be capable of operating such that “generated aerosol particles in a size range from about 2.5 microns to about 5 microns are preferentially delivered to the user, and generated aerosol particles having a diameter greater than about 5 microns are preferentially removed from the aerosol prior to exiting the outlet”.
In the alternative, Wensley, directed to a vaporizing device (electronic agent delivery device; [0102]) comprising a chamber ([0096], [0111], [0212]), a capillary structure ([0110-0111]), a heater (heater 110; [0102]), an inlet ([0008]), and an outlet ([0008]), teaches that it is known to configure the outlet passageway to remove particles with a diameter greater than 5 microns to remove non-optimal particles ([0205]). Wensley further teaches that optimal particles may have a diameter of 1-5 microns ([0205]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the tortuous outlet flow path to remove particles having a diameter greater than 5 microns such that optimal particles have a diameter of 1-5 microns as taught by Wensley because both Hu and Wensley are directed to vaporizing devices configured to remove large particles, Wensley teaches that it is known to specifically configure a device to remove particles greater than 5 microns, and this involves applying a known teaching to a similar device to yield predictable results.
The claimed diameter size of about 2.5 to about 5 microns overlaps the range taught by the prior art (1-5 microns) and is therefore prima facie obvious.
Claims 27-29 and 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Hu, Fraser and Liu as applied to claim 21 above, and further in view of Bright et al. (US 20170172210 A1).
Regarding claim 27, Hu teaches that the device comprises a reservoir (storage chamber 102; [0034]).
Hu does not teach that the chamber and the heater are integrated in a control-unit housing configured to couple with a detachable reservoir that contains the thermoviscous liquid precursor.
Bright, directed to a vaporizing device (aerosol-generating system 100; [0070]) comprising a reservoir (liquid reservoir 120; [0071]), a heater (vaporizer 134; [0072]), an inlet (air inlet 118; [0073]), and an outlet (air outlet 116; [0073]), teaches that a chamber and the heater are integrated in a control-unit housing (housing 110; Fig. 1; [0070-0071]) configured to couple with a detachable reservoir that contains the thermoviscous liquid precursor ([0006], [0076]) wherein the heater is configured for repeated use with multiple detachable reservoirs such that the heater remains in the control-unit housing when different reservoirs are attached and detached, thereby functioning as a non-cartomizer system in which a disposable heating system is not discarded when the detachable reservoir is replaced ([0006], [0076]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by making the reservoir detachable from the vaporizing device and configured to releasably couple with a control unit housing, the chamber and the heater being disposed within, and integrated with, the control-unit housing such that the heater is not discarded when the reservoir is replaced as taught by Bright because both Hu and Bright are directed to vaporizing devices, Bright teaches that a reservoir may be detachable to replace the liquid, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 28, Hu teaches a base unit for a vaporizing device comprising:
a housing (housing 101; [0034]);
a chamber comprising fused silica (quartz glass body 303, 501) and disposed within the housing and configured to receive the thermoviscous liquid precursor via a fluidic interface and generate a vapor from the thermoviscous liquid precursor (air flow grooves 2023, 504 forming chamber with quartz glass body 303, 501; Fig. 6; [0046], [0053]), the chamber including at least one capillary structure (porous member 202; [0042]) configured to regulate a flow of the thermoviscous liquid precursor into the chamber by thermal and pressure- mediated control such that changes in a temperature at a fused silica wall of the chamber modulate a viscosity of the thermoviscous liquid precursor and thereby module a flow resistance of the capillary structure (one having ordinary skill in the art would recognize that any porous wicking material such as porous member 202 would have varying capillary properties at different temperatures, thus thermally regulating flow);
a heater (heating element 304, 502; [0037], [0052]) disposed within the housing and thermally coupled with the chamber, the heater configured to supply heat through a fused silica wall of the chamber to vaporize at least a portion of the thermoviscous liquid precursor within the chamber while the heater remains fluidically isolated by the fuse silica wall, from the thermoviscous liquid precursor, intake air, and any generated vapor and aerosol ([0039]);
an inlet passage (air inlets 108; [0036]) in the housing configured to admit air into the chamber ([0036] teaches that the amount of air through the inlet may be regulated by an adjusting ring 109) for mixing with the generated vapor and aerosol; and
an outlet structure (aerosol discharging channel 103; [0034]) disposed within the housing and configured to deliver conditioned vapor and aerosol to a user.
Hu further teaches a reservoir (storage chamber 102; [0134]).
Hu does not teach (I) a removable cartridge that includes a reservoir containing a thermoviscous liquid precursor or (II) that the capillary structure is a discrete capillary precursor channel defined by cooperating solid, non-porous, components of the chamber mated to form a flow passage into the chamber.
Regarding (I), Bright, directed to a base unit for a vaporizing device (aerosol-generating system 100; [0070]) comprising a reservoir (liquid reservoir 120; [0071]), a heater (vaporizer 134; [0072]), an inlet (air inlet 118; [0073]), and an outlet (air outlet 116; [0073]), teaches that a chamber and the heater are integrated in a control-unit housing (housing 110; Fig. 1; [0070-0071]) configured to couple with a removable cartridge that includes the reservoir that contains the thermoviscous liquid precursor ([0006], [0076]). Bright further teaches that the housing is configured with a mechanical interface ([0052], [0072], [0082] teach connection between housing and cartridge) and a fluidic interface (liquid outlet 124; [0078]) to enable the usage of the removable cartridge.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by making the reservoir into a cartridge detachable from the vaporizing device and configuring the housing to comprise mechanical and fluidic interfaces to engage the cartridge as taught by Bright because both Hu and Bright are directed to vaporizing devices, Bright teaches that a reservoir may be detachable to replace the liquid, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding (II), Fraser, directed to directed to a vaporizing device (e-cigarette 10; [0025]) comprising a reservoir (reservoir 3; [0026]), a dispenser (wick or porous element 6; [0026]), a chamber (chamber 7; [0036]) and a heater (heater 4; [0026]), teaches that the dispenser may alternatively comprise at least one discrete capillary precursor channel defined by cooperating solid, non-porous, components of the chamber that are mated to form a precursor flow passage into the chamber ([0027], [0050], [0052] teach that the dispenser may be one or more connected (i.e., cooperating or mated) slots, channels, tubes, openings, and similar. For example, the capillary channel formed by Fraser would be comprised of mating an opening of bottom wall 33 with the capillary channel).
Liu, directed to a vaporizing device (vaporizer 100; [0042]), also teaches that capillary channels (capillary grooves 23, 53) may be defined by cooperating solid, non-porous components (end cap 20 or rigid support frame 50 and inner wall of outer housing 10) that are mated to form the channels ([0058]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the dispenser to instead be at least one discrete capillary precursor channel configured to regulate flow of the thermoviscous liquid precursor into the chamber, defined by a solid, non-porous component of the chamber as taught by Fraser and Liu because Hu, Fraser and Liu are all directed to vaporizing devices comprising dispensers, Fraser teaches that at least one discrete capillary channel formed in a solid non-porous component is a known alternative to a wicking component, Liu similarly teaches that capillary channels may be defined by cooperating solid components, and this involves substituting one alternative liquid precursor delivery configuration for another to yield predictable results.
Regarding claim 29, Hu teaches that an internal surface of the chamber defines a thin-film vaporization region having a high surface-area-to-height ratio configured to spread the thermoviscous liquid precursor into a thin film to promote rapid and uniform heating and vaporization ([0046]).
Regarding claim 32, the Examiner notes that the limitation to “remove aerosol particles above a mass threshold, and the mass threshold corresponds to a mass greater than 8.24x10-14 kilograms....” is directed to a manner of operating the device.
The Examiner notes that the instant specification states that a “combination of pressure, velocity, and directional changes along the flow path may facilitate targeted separation of particles based on their size, mass, or inertia prior to delivery to the user”. It would therefore be reasonable to conclude that this combination of factors may determine the particles delivered to the user, such as by operating at different pressure, velocity or inhale strength, and not just the structure of the outlet. Thus, any “tortuous outlet flow path” that is not just a straight outlet would reasonably be expected to be capable of operating in a manner that would allow for some particles to be removed. Thus, the tortuous pathway of Folmann ([0083]) would be capable of operating such as to “preferentially remove aerosol particles above a mass threshold, and the mass threshold corresponds to a mass greater than 8.24x10-14 kilograms while smaller mass particles preferentially remain in the generated vapor and aerosol that is delivered to the user” as claimed.
Regarding claim 33, Hu teaches at least one battery (power supply 600; [0056]) disposed within the housing.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Hu, Fraser, Liu and Bright as applied to claim 28 above, and further in view of Althorpe et al. (US 20170360092 A1).
Regarding claim 30, Hu does not explicitly teach that the chamber is configured to establish vortical flow of a mixture of air, generated vapor, and generated aerosol within the chamber.
Althorpe, directed to a vaporizing device (electronic nicotine delivery system 10; [0040]) comprising a chamber (vaporization chamber 26; [0045]) with a capillary structure (elongate wick 30; [0040]), a heater (electric heater 14; [0040]), an inlet (air inlet 17; [0040]), and an outlet (outlet 25; [0040]), teaches that a chamber may be configured to establish a vortical flow of air, generated vapor and generated aerosol within the chamber before the air and the generated vapor and aerosol enters the outlet structure ([0075]). Althorpe teaches that this configuration improves mixing and provides a more uniform vapor ([0075]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the chamber to establish vortical flow before the air and the generated vapor and aerosol enters the outlet structure as taught by Althorpe because both Hu and Althorpe are directed to vaporizing devices, Althorpe teaches that a chamber configured to induce vortical flow improves mixing in a chamber, and this involves applying a known teaching to a similar device to yield predictable results.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Hu, Fraser, Liu and Bright as applied to claim 28 above, and further in view of Folmann et al. (US 20210392947 A1), or in the alternative further in view of Folman and Wensley et al. (US 20140190496 A1).
Regarding claim 31, Hu does not explicitly teach (I) that the outlet downstream of the chamber defines a tortuous flow path configured to preferentially remove aerosol particles above a threshold size or (II) that the threshold size corresponds to a diameter greater than 5 microns.
Regarding (I), Folman, directed to a vaporizing device (recreational inhalation device 10; [0040]) comprising a chamber (space or bowl 56; [0054]), an inlet (inlet 14; [0041]) and an outlet (shaft portion 38 and outlet chamber 40; [0051]), teaches that the outlet comprises a tortuous pathway comprising at least one of an impaction surface, a bend, a directional change, and a baffle to increase cooling and filtering of vapor particles by size ([0083]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by making the outlet comprise a tortuous pathway as taught by Folmann because both Hu and Folmann are directed to vaporizing device, Folmann teaches that a tortuous outlet pathway increases cooling and filtering of the vapor prior to delivery to a user, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding (II), the Examiner notes that the limitation to “the threshold size corresponds to a diameter greater than 5 microns....” is directed to a manner of operating the device.
The Examiner notes that the instant specification states that a “combination of pressure, velocity, and directional changes along the flow path may facilitate targeted separation of particles based on their size, mass, or inertia prior to delivery to the user”. It would therefore be reasonable to conclude that this combination of factors may determine the particles delivered to the user, such as by operating at different pressure, velocity or inhale strength, and not just the structure of the outlet. Thus, any “tortuous outlet flow path” that is not just a straight outlet would reasonably be expected to be capable of operating in a manner that would allow for some particles to be removed. Thus, the tortuous pathway of Folmann ([0083]) would be capable of operating such that “the threshold size corresponds to a diameter greater than 5 microns”.
In the alternative, Wensley, directed to a vaporizing device (electronic agent delivery device; [0102]) comprising a chamber ([0096], [0111], [0212]), a capillary structure ([0110-0111]), a heater (heater 110; [0102]), an inlet ([0008]), and an outlet ([0008]), teaches that it is known to configure the outlet passageway to remove particles with a diameter greater than 5 microns to remove non-optimal particles ([0205]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the tortuous outlet flow path to remove particles having a diameter greater than 5 microns such that smaller particles may pass as taught by Wensley because both Hu and Wensley are directed to vaporizing devices configured to remove large particles, Wensley teaches that it is known to specifically configure a device to remove particles greater than 5 microns, and this involves applying a known teaching to a similar device to yield predictable results.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Hu, Fraser, Liu and Bright as applied to claim 23 above, and further in view of Buchberger (US 20110226236 A1).
Regarding claim 34, Hu does not explicitly teach control electronics disposed within the housing and configured to regulate power delivery from the battery to the heater according to at least one operating parameter of the vaporizing device.
Buchberger, directed to directed to a vaporizing device (inhalator; Fig. 1, Fig. 9, Figs. 21-22; [0108]) comprising a chamber (chamber 21; [0116]), a capillary structure (wick; [0116]), a heater (heating element; [0116]), an inlet passage (feed opening 30; Fig. 10; [0121]), and an outlet structure (mouthpiece channel 66; [0142]), teaches control electronics (integrated switching circuit 104 or printed circuit board 11; [0154]) disposed within the housing and configured to regulate power delivery from the battery to the heater according to at least one operating parameter of the vaporizing device ([0002], [0161]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by using control electronics disposed within the housing and configured to regulate power delivery from the battery to the heater according to at least one operating parameter of the vaporizing device as taught by Buchberger because both Hu and Buchberger are directed to vaporizing devices, Buchberger teaches that control electronics may help regulate the heater, and this involves applying a known teaching to a similar device to yield predictable results.
Claims 35-36 and 38-41 are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 20180140018 A1) in view of Folmann et al. (US 20210392947 A1), Fraser et al. (US 20200000151 A1) and Liu et al. (US 20230218005 A1).
Regarding claim 35, Hu teaches a vaporizing device comprising:
a fused silica chamber configured to receive a thermoviscous liquid precursor and to generate a vapor (air flow grooves 2023, 504 forming chamber with quartz glass body 303, 501; Fig. 6; [0046], [0053]), the fused silica chamber including at least one fused silica wall to contain a volume of the thermoviscous liquid precursor (see Fig. 6) and at least one capillary structure (porous member 202; [0042]) configured to regulate a flow of the thermoviscous liquid precursor into the fused silica chamber by thermal and pressure-mediated control such that changes in temperature at the fused silica wall modulate a viscosity of the thermoviscous liquid precursor and thereby modulate a flow resistance of the capillary structure one having ordinary skill in the art would recognize that any porous wicking material such as porous member 202 would have varying capillary properties at different temperatures, thus thermally regulating flow;
a heater (heating element 304, 502; [0037], [0052]) thermally coupled to the fused silica chamber and configured to supply heat to vaporize at least a portion of the thermoviscous liquid precursor in the chamber, wherein the heater is separated from the volume of the thermoviscous liquid precursor in the fused silica chamber by the fused silica wall such that heater components are prevented from directly contacting the thermoviscous liquid precursor,intake air, and any generated vapor and aerosol ([0039]);
an inlet (air inlets 108; [0036]) configured to supply air to the fused silica chamber ([0036] teaches that the amount of air through the inlet may be regulated by an adjusting ring 109) where the intake air and generated vapor are mixed to form the aerosol;
and an outlet flow path (aerosol discharging channel 103; [0034]) downstream of the fused silica chamber (Fig. 1; [0034]), configured to provide at least one return pathway from the outlet flow path back to the fused silica chamber ([0048]).
Hu does not teach (I) that the outlet flow path is a tortuous outlet flow path being configured both to selectively remove particles above a threshold size from the aerosol exiting the fused silica chamber or (II) that the capillary structure is a discrete capillary precursor channel defined by cooperating solid, non-porous, components of the chamber mated to form a flow passage into the chamber.
Regarding (I), Folman, directed to a vaporizing device (recreational inhalation device 10; [0040]) comprising a chamber (space or bowl 56; [0054]), an inlet (inlet 14; [0041]) and an outlet (shaft portion 38 and outlet chamber 40; [0051]), teaches that the outlet comprises a tortuous pathway comprising at least one of an impaction surface, a bend, a directional change, and a baffle to increase cooling and filtering of vapor particles by size ([0083]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by making the outlet comprise a tortuous pathway as taught by Folmann because both Hu and Folmann are directed to vaporizing device, Folmann teaches that a tortuous outlet pathway increases cooling and filtering of the vapor prior to delivery to a user, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding (II), Fraser, directed to directed to a vaporizing device (e-cigarette 10; [0025]) comprising a reservoir (reservoir 3; [0026]), a dispenser (wick or porous element 6; [0026]), a chamber (chamber 7; [0036]) and a heater (heater 4; [0026]), teaches that the dispenser may alternatively comprise at least one discrete capillary precursor channel defined by cooperating solid, non-porous, components of the chamber that are mated to form a precursor flow passage into the chamber ([0027], [0050], [0052] teach that the dispenser may be one or more connected (i.e., cooperating or mated) slots, channels, tubes, openings, and similar. For example, the capillary channel formed by Fraser would be comprised of mating an opening of bottom wall 33 with the capillary channel).
Liu, directed to a vaporizing device (vaporizer 100; [0042]), also teaches that capillary channels (capillary grooves 23, 53) may be defined by cooperating solid, non-porous components (end cap 20 or rigid support frame 50 and inner wall of outer housing 10) that are mated to form the channels ([0058]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the dispenser to instead be at least one discrete capillary precursor channel configured to regulate flow of the thermoviscous liquid precursor into the chamber, defined by a solid, non-porous component of the chamber as taught by Fraser and Liu because Hu, Fraser and Liu are all directed to vaporizing devices comprising dispensers, Fraser teaches that at least one discrete capillary channel formed in a solid non-porous component is a known alternative to a wicking component, Liu similarly teaches that capillary channels may be defined by cooperating solid components, and this involves substituting one alternative liquid precursor delivery configuration for another to yield predictable results.
Regarding claim 36, Hu teaches that an internal surface of the fused silica chamber defines a thin-film vaporization region having a highsurface-area-to-height ratio configured to spread the volume of the thermoviscous liquid precursor into a thin film ([0046]).
Regarding claim 38, the Examiner notes that the limitation to “the threshold size corresponds to aaerosol particles having a mass greater than approximately 8.24x10-14 kilograms....” is directed to a manner of operating the device.
The Examiner notes that the instant specification states that a “combination of pressure, velocity, and directional changes along the flow path may facilitate targeted separation of particles based on their size, mass, or inertia prior to delivery to the user”. It would therefore be reasonable to conclude that this combination of factors may determine the particles delivered to the user, such as by operating at different pressure, velocity or inhale strength, and not just the structure of the outlet. Thus, any “tortuous outlet flow path” that is not just a straight outlet would reasonably be expected to be capable of operating in a manner that would allow for some particles to be removed. Thus, the tortuous pathway of Folmann ([0083]) would be capable of operating such as to “the threshold size corresponds to aaerosol particles having a mass greater than approximately 8.24x10-14 kilograms while allowing smaller aerosol particles to be delivered to a user” as claimed.
Regarding claim 39, Hu teaches that the tortuous outlet flow path comprises at least one vapor channel and the at least one return pathway is configured such that larger particles removed from the aerosol and flow in a reverse direction through the at least one vapor channel back to the fused silica chamber ([0048]).
Regarding claim 40, Hu teaches that the tortuous outlet flow path comprises a constriction region (aerosol discharging channel 103; Fig. 1; [0034]) and a downstream expansion region (suction nozzle 107; Fig. 1; [0034]), and aerosol particles not entrained in an outgoing aerosol through the constriction region transition back toward a liquid state and migrate via the at least one return pathway to the fused silica chamber ([0048]).
Regarding claim 41, Hu teaches that the chamber comprises a thin film heating surface ([0046]) configured such particles returned through the at least one return pathway rejoin the volume of the thermoviscous liquid precursor on the thin-film heating surface for subsequent vaporization ([0048]).
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Hu, Folman, Fraser and Liu as applied to claim 35 above, or in the alternative, further in view of Wensley et al. (US 20140190496 A1).
Regarding claim 37, Hu does not explicitly teach that the threshold size corresponds to aerosol particles having a diameter greater than approximately 5 microns.
The Examiner notes that the limitation is directed to a manner of operating the device.
The Examiner notes that the instant specification states that a “combination of pressure, velocity, and directional changes along the flow path may facilitate targeted separation of particles based on their size, mass, or inertia prior to delivery to the user”. It would therefore be reasonable to conclude that this combination of factors may determine the particles delivered to the user, such as by operating at different pressure, velocity or inhale strength, and not just the structure of the outlet. Thus, any “tortuous outlet flow path” that is not just a straight outlet would reasonably be expected to be capable of operating in a manner that would allow for some particles to be removed. Thus, the tortuous pathway of Folmann ([0083]) would be capable of operating such that “the threshold size corresponds to aerosol particles having a diameter greater than approximately 5 microns”.
In the alternative, Wensley, directed to a vaporizing device (electronic agent delivery device; [0102]) comprising a chamber ([0096], [0111], [0212]), a capillary structure ([0110-0111]), a heater (heater 110; [0102]), an inlet ([0008]), and an outlet ([0008]), teaches that it is known to configure the outlet passageway to remove particles with a diameter greater than 5 microns to remove non-optimal particles ([0205]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by configuring the tortuous outlet flow path to remove particles having a diameter greater than 5 microns such that smaller particles may pass as taught by Wensley because both Hu and Wensley are directed to vaporizing devices configured to remove large particles, Wensley teaches that it is known to specifically configure a device to remove particles greater than 5 microns, and this involves applying a known teaching to a similar device to yield predictable results.
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over Hu, Folmann, Fraser and Liu as applied to claim 35 above, and further in view of Bright et al. (US 20170172210 A1).
Regarding claim 42, Hu teaches a control unit housing (housing 101; [0034]) into which the fused silica chamber and the heater are integrated (Fig. 1). Hu further teaches a reservoir (storage chamber 102) configured to contain a thermoviscous liquid precursor ([0034]).
Hu does not teach a removable cartridge that includes a reservoir containing a thermoviscous liquid precursor.
Bright, directed to a vaporizing device (aerosol-generating system 100; [0070]) comprising a reservoir (liquid reservoir 120; [0071]), a heater (vaporizer 134; [0072]), an inlet (air inlet 118; [0073]), and an outlet (air outlet 116; [0073]), teaches that a chamber and the heater are integrated in a control-unit housing (housing 110; Fig. 1; [0070-0071]) configured to couple with a detachable reservoir that contains the thermoviscous liquid precursor ([0006], [0076]) wherein the heater is configured for repeated use with multiple detachable reservoirs such that the heater remains in the control-unit housing when different reservoirs are attached and detached, thereby functioning as a non-cartomizer system in which a disposable heating system is not discarded when the detachable reservoir is replaced ([0006], [0076]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hu by making the reservoir detachable from the vaporizing device and configured to releasably couple with a control unit housing, the chamber and the heater being disposed within, and integrated with, the control-unit housing such that the heater is not discarded when the reservoir is replaced as taught by Bright because both Hu and Bright are directed to vaporizing devices, Bright teaches that a reservoir may be detachable to replace the liquid, and this involves applying a known teaching to a similar device to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.D./ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
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