The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant's arguments filed 12/26/20254 have been fully considered but they are not persuasive.
Applicant’s arguments concern new claims which were not previously examined. No previously presented or amended claims are present. Therefore, the arguments are moot because no ground of rejection was presented in any prior office action.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adams et al. (US 5,878,752) in view of Counts et al. (US 5,144,962 A).
Regarding claims 21-25, Adams et al. disclose an aerosol generating device comprising heating elements coupled to a controller and a detector (i.e. sensor) for detecting insertion and removal of a smoking article (Abstract, col. 7, 36—col. 8, 11, claim 22), a battery, and a method of using the device. Adams incorporates by reference, US 5,249,586, in its entirety, which discloses that the heaters produce a first temperature between about 150 and 500 C when in contact with the tobacco flavor medium to generate a consumable aerosol (US 5,249,586, claim 27 and col. 3, 65-68). This significantly overlaps the claimed range from 80-375 °C and therefore anticipates the claimed range (MPEP 2131.03(II)).
The controller determines that a smoking article is inserted (i.e. brining the reusable heating element into proximity to an aerosol-forming substrate) and allows the device to be operated at a first temperature (col. 10, 12-64; also, inherently preventing the device operating at a second temperature when a smoking article is inserted). The controller can determine if an unauthorized smoking article is present and prevent heating (col. 11, 6-10). The substrate is removed by the user when consumed or whenever desired.
Adams et al. disclose that the second temperature thermally liberates condensates deposited on surfaces (col. 11, line 66 -- col. 12, line 4), and is heated to a “desired minimum temperature to clean the sleeve and lighter components effectively, e.g. to preferred operating temperatures of approximately 150 C to approximately 750 °C …for approximately 10 to 120 seconds” (col. 22, 4-15). Heaters can also be heated to approximately 800 C for 20 seconds (col. 23). This second temperature is much higher than the temperature used to heat the tobacco flavor medium (150-500 °C, see US 5,249,586 incorporated by reference, claim 27 and col. 3, 65-68). Approximately 800 degrees inherently includes temperatures greater than 800 °C
Adams et al. do not disclose that the heating element is a single reusable heating element and instead discloses multiple heating blades. However, it is known in the art to form a single heating element for heating aerosol generating substrates. For instance, Counts et al. disclose a similar device with a heating sleeve that has a single heating element (see Figure 16, element 150). It would have been obvious to one of ordinary skill in the art at the time of invention/filing to use the single heater of Counts et al. in place of the multiple blade heaters of Adams et al. because replacing one known heater arrangement for another known heater arrangement for the same purpose would have been obvious and would have had a reasonable expectation of success.
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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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J FELTON whose telephone number is (571)272-4805. The examiner can normally be reached on Monday, Thursday-Friday 7:00-4:30, Wednesday 7:00-1:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached on 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J FELTON/
Primary Examiner, Art Unit 1747
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