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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/15/2026 has been entered.
Response to Arguments
Applicant’s arguments filed on 05/15/2026 with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Election/Restrictions
Claims 16-24 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/11/2024.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 15 and 25 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. 1. Regarding claim 15, claim 1 already recites a thermally conductive liner configured to distribute heat across the sleeve to inhibit localized hot spots forming on the sleeve. Claim 15 merely recites that the liner is configured to inhibit localized hot spots forming on the sleeve, and therefore does not further limit the subject matter of claim 1.
2. Regarding claim 25, claim 1 is directed to a casing, whereas claim 25 recites “The apparatus according to claim 1,” thereby changing the claimed subject matter from the casing to an apparatus rather than specifying a further limitation of the casing of claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1–10, 12, 13, 15, and 25 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Paprocki et al. (US 2016/0255879 A1).
Regarding claim 1, Paprocki teaches a casing (outer housing 2; ¶ [0051]) for an apparatus for heating aerosolizable material to volatilize at least one component of the aerosolizable material to form an aerosol for inhalation by a user (apparatus 1 arranged to heat smokable material 5 to volatilize at least one component thereof to form an inhalable aerosol; ¶ [0051]), the casing comprising:
a top panel (mouth-end portion of outer housing 2; Fig. 1) comprising an opening (open end 3; ¶ [0051]) through which a consumable article containing aerosolizable material can be inserted and removed (smokable material 5 in the form of a cartridge, cassette, or rod insertable through open end 3; ¶ [0052]);
a bottom panel (opposite end portion of outer housing 2; Fig. 1);
a sleeve (generally elongate cylindrical outer housing 2; ¶ [0051]) configured to surround internal components of the apparatus (outer housing 2 surrounding heating chamber 4 and electronics/power chamber 6; Fig. 10); and
a thermally conductive liner for the sleeve (heat-conductive coating 24 on the inner surface of outer housing 2; ¶ [0073]) configured to distribute heat across the sleeve when the apparatus heats the aerosolizable material to inhibit localized hot spots forming on the sleeve (coating 24 acts as a heat spreader to dissipate heat and prevent hot spots from building up on outer housing 2; ¶ [0073]), the liner coupled to the sleeve to provide an inner surface of the sleeve (heat-conductive coating 24 provided on the innermost surface of outer housing 2; ¶ [0073]).
The recitations concerning the particular material acted upon and the stated insertion, heating, and heat-distribution functions are functional or intended-use language and do not impose additional structural limitations on the claimed casing; nevertheless, Paprocki teaches the recited capabilities as mapped above.
Regarding claim 2, Paprocki further teaches wherein the liner forms part of an inner surface of the casing (heat-conductive coating 24 provided on the innermost surface of outer housing 2; ¶ [0073]).
Regarding claim 3, Paprocki further teaches wherein a value of thermal conductivity of the liner is higher than a value of thermal conductivity of the sleeve (outer housing 2 formed of heat-insulating plastic and liner comprising a good heat conductor such as copper; ¶ [0073]).
Regarding claim 4, Paprocki further teaches wherein the sleeve and the liner are separable as individual components that are combinable with each other to form one part (outer housing 2 prior to application of heat-conductive coating 24, with coating 24 thereafter applied to the inner surface to form the coated housing; ¶ [0073]). The recited separability and combinability describe the manner in which the article components are assembled and do not require the components to remain separable in the finished casing.
Regarding claim 5, Paprocki further teaches wherein the sleeve and the liner are coupled as one part without an adhesive (metal heat-conductive coating 24 coated on the inner surface of outer housing 2 to form the coated housing without a separate adhesive layer; ¶ [0073]).
Regarding claim 6, Paprocki further teaches wherein the sleeve comprises an accommodating portion for receiving the liner (the innermost surface of outer housing 2 receiving heat-conductive coating 24; ¶ [0073]).
Regarding claim 7, Paprocki further teaches wherein the sleeve is a molded polymer (outer housing 2 formed of a plastic material such as PEEK or ABS; ¶ [0073]). The term “molded” describes the process by which the claimed article is formed and does not impose a further structural limitation absent a resulting structural distinction.
Regarding claim 8, Paprocki further teaches wherein the sleeve is an overmolded part to the liner (outer housing 2 integrated with heat-conductive coating 24 on its inner surface; ¶ [0073]). The term “overmolded” describes the process by which the claimed article is formed and does not impose a further structural limitation absent a resulting structural distinction.
Regarding claim 9, Paprocki further teaches wherein the liner comprises a metallic material (metal heat-conductive coating 24; ¶ [0073]).
Regarding claim 10, Paprocki further teaches wherein the metallic material comprises aluminum or copper (copper heat-conductive coating 24; ¶ [0073]).
Regarding claim 12, Paprocki further teaches wherein the liner is at least one of a thin-film material, a tape, or a foil (metal heat-conductive coating 24 having a thickness of approximately 0.05 mm, thereby constituting a thin-film material; ¶ [0073]).
Regarding claim 13, Paprocki further teaches wherein the liner has a thickness of less than about 1 mm across a cross-section of the casing where the liner contacts the sleeve (heat-conductive coating 24 approximately 0.05 mm thick on the inner surface of outer housing 2; ¶ [0073]).
Regarding claim 15, Paprocki further teaches wherein the liner is configured to inhibit localized hot spots forming on the sleeve (heat-conductive coating 24 acting as a heat spreader to dissipate heat and prevent hot spots from building up on outer housing 2; ¶ [0073]).
Regarding claim 25, Paprocki further teaches wherein the sleeve is made from a plastic material (outer housing 2 formed of plastic such as PEEK or ABS; ¶ [0073]).
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 14 is rejected under 35 U.S.C. § 103 as being unpatentable over Paprocki et al. (US 2016/0255879 A1) in view of Aapro et al. (US 2008/0151503 A1).
Regarding claim 14, Paprocki teaches the casing according to claim 1 as set forth above, but does not expressly teach wherein the thickness of the liner and a thickness of the sleeve are substantially the same across the cross-section of the casing.
Aapro, although directed to a hand-held portable electronic device, is reasonably pertinent to the claimed limitation because Aapro similarly addresses thermal management of a compact housing using a thermally conductive heat-spreading member.
Paprocki teaches a heat-conductive coating comprising a metal such as copper (¶ [0073]), while Aapro likewise identifies copper as a thermally conductive heat-spreader material (¶ [0004]) and teaches that the heat spreader may comprise a metal member, including sheet metal or metal foil, integrated with a surrounding polymer frame member (¶ [0030]). Aapro further teaches selectable heat-spreader thicknesses and that varying the thickness of the surrounding polymer frame affects heat transfer through the frame (¶¶ [0035], [0046]).
It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable values of a recognized result-effective variable through routine experimentation is ordinarily obvious. MPEP § 2144, II.A-B.
Therefore, it would have been obvious it would have been obvious before the effective filling date of the claimed invention to modify Paprocki by selecting the respective thicknesses of the heat-conductive liner and sleeve, including substantially the same thicknesses across the cross-section, because Aapro recognizes thickness as a parameter affecting heat transfer, and selection of the relative thicknesses to obtain the desired thermal characteristics would have been routine optimization of recognized result-effective variables.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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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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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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