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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the heat dissipation surface, as required by claim 34, must be shown (i.e. labeled) or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 34-37 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. While the specification does not clearly describe what is entailed by the head dissipation surface, claim 34 described the head dissipation surface as facing the heat dissipating wall of the casing. The drawings also show the outer portion of the heat sink (119) having a stepped arrangement. Thus, the surface facing the wall of the casing does not extend continuously.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 34-37 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 34 describes the heat dissipation surface facing the heat dissipating wall of the casing, and extending continuously. However, is it unclear how the outer surfaces of the heat sink (119) can meet both.
Claim Rejections - 35 USC § 103
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.
Claims 1, 4-7, 9-11, 15, 20-22, 24, 28, 30 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 108936812, cited on IDS) in view of Reevell (US 11,337,459).
Regarding claim 1, Chen discloses an aerosol generation device comprising: a heating chamber (240) into which an aerosol substrate is insertable for being heated to generate an aerosol; a casing (100, 600) in which the heating chamber is housed, the casing having a first end (top in Fig. 2) and a second end (bottom in a longitudinal direction of the casing; an aperture (232) through which the aerosol substrate is insertable into the heating chamber; insulation (220/space and various elements) disposed at least partially between the heating chamber and the casing; and a thermal bridge (230) arranged to dissipate heat from the heating chamber to the casing (intended use); wherein the heating chamber (240) comprises a first end (top) proximal to the aperture and a second end (bottom) opposite the first end of the heating chamber, so as to accommodate at least a portion of a substrate carrier (20); and wherein the thermal bridge (230) is substantially accommodated in the casing (100, 600) during all use of the aerosol generating device (i.e. when smoking).
Reevell teaches a second end of the heating chamber disposed substantially at a midpoint between the first and second ends of the casing (14, Fig. 1), so as to accommodate at least a portion of the substrate carrier (40). It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to form the second end of the chamber at a midpoint of the casing, in order to provide the desired relative dimensions and control the profile of the casing, and since such modification would have involved a mere change in the size of a component. A change in size is recognized as being within the level of ordinary skill in the art. In re rose, 105 USPQ 237 (CCPA 1955).
To the extent that Chen do not disclose the material of the thermal bridge consisting of metal, it would have been obvious to one having ordinary skill in the art before the invention was effectively filed to use metal as the prefer material, in order to provide the desired head transfer and dissipation, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design preference.
Regarding claim 4, Chen discloses the thermal bridge (230) arranged at least partly between the heating chamber and the aperture
Regarding claim 5, Chen discloses the thermal bridge (230) comprising a heat dissipation surface (outer surface of 230) facing outward from the aerosol generation device.
Regarding claim 6, Chen discloses the thermal bridge comprises a heat dissipation surface (outer surface of 230) facing a heat dissipating wall (150) of the casing.
Regarding claim 7, Chen discloses the heat dissipation surface in direct contact with the heat dissipating wall (150) of the casing.
Regarding claim 9, Chen discloses the thermal bridge in contact with the heating chamber (Fig. 5).
Regarding claim 10, Chen discloses the thermal bridge (230) comprising a first material and the insulation (220) comprises a second material. Chen discloses substantially the claimed invention except for the specific materials/thermal conductivities. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use the first material having a higher thermal conductivity than the second material in order to distribute thermal dissipation as desired, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design preference.
Regarding claim 11, Chen discloses the thermal bridge (230) comprising a first material and the casing (100) comprising a second material. Chen discloses substantially the claimed invention except for the specific materials/thermal conductivities. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use the first material having a higher thermal conductivity than the second material in order to distribute thermal dissipation as desired, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design preference.
Regarding claim 15, Chen discloses a chassis (220); both the thermal bridge and the chassis complementarily surrounding the heating chamber. Chen discloses substantially the claimed invention except for the specific materials/thermal conductivities. It would have been obvious to one having ordinary skill in the art at the time the invention was made to form the chassis made of a material having a lower thermal conductivity than the thermal bridge in order to distribute thermal dissipation as desired, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design preference.
Regarding claim 20, Chen discloses a mounting element (250) which extends between the heating chamber and the insulation.
Regarding claim 21, Chen discloses the mounting element cooperates with the chassis (220) and the insulation to secure the insulation and the heating chamber in position in the aerosol generation device.
Regarding claim 22, Chen discloses the heating chamber has a flange (250) and the thermal bridge (230) located against a surface of the flange.
Regarding claim 24, Chen discloses the thermal bridge (230) comprises a first material and the aerosol generation device has an outer trim (150) at least partially defining the aperture, the outer trim comprising a third material. Chen discloses substantially the claimed invention except for the specific materials/thermal conductivities. It would have been obvious to one having ordinary skill in the art at the time the invention was made to form the third material having a lower thermal conductivity than the first material in order to distribute thermal dissipation as desired, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design preference.
Regarding claim 28, Chen discloses the thermal bridge comprising an aperture part (inside) and a casing part (outside); the aperture part being located proximate to the aperture and the casing part being located between a portion of a length of the insulation and the casing (in a radial direction).
Regarding claim 30, Chen discloses a spacing component (250, Fig. 7) between the heating chamber and the thermal bridge.
Regarding claim 32, Chen discloses a mounting element (250 in Fig. 6) spacing the heat chamber (240) a distance from (at least part of) the insulation.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 108936812, cited on IDS) in view of Lee et al. (US 11,252,999).
Regarding claim 33, Chen discloses an aerosol generation device comprising: a heating chamber (240) into which an aerosol substrate (20) is insertable for being heated to generate an aerosol; a casing (100) in which the heating chamber is housed; an aperture (232) through which the aerosol substrate is insertable into the heating chamber; insulation (220/space and various elements) disposed at least partially between the heating chamber and the casing; and a thermal bridge (230) arranged to dissipate heat from the heating chamber to the casing, the thermal bridge substantially accommodating the heating chamber (see Fig. 7).
Lee teaches a thermal bridge (10s, Fig. 2)), including an aperture part (top) and a casing part (bottom extension), the thermal bridge arranged to dissipate heat from the heating chamber to the casing (intended use), wherein the aperture part of the thermal bridge is proximate to the aperture (10i), and wherein the casing part of the thermal bridge extends from the aperture part along at least substantially half of the heating chamber along a longitudinal direction of the heating chamber (see Fig. 2). It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to determine the length of the thermal bridge to the desired length, as taught by Lee, in order to provide an appropriate buffer to protect the user.
Claims 34 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Thorsen (US 11,937,629) in view of Reevell (US 11,337,459).
Regarding claim 34, Thorsen discloses an aerosol generation device comprising: a heating chamber (30) into which an aerosol substrate (21) is insertable for being heated to generate an aerosol; a casing (11, 17) in which the heating chamber is housed, the casing having a first end and a second end along a longitudinal direction of the casing; an aperture (20) through which the aerosol substrate is insertable into the heating chamber; insulation (31, 37) disposed at least partially between the heating chamber and the casing; and a heat sink (35, 35f) arranged to dissipate heat from the heating chamber to the casing, and wherein the heat sink is internal to the casing whereby a user is prevented from contacting the heat sink during any use of the aerosol generation device; and wherein the heat sink comprises a heat dissipation surface (ends of 35f), substantially all of the heat dissipation surface facing a heat dissipating wall (labeled 13 in Figs. 2 and 3) of the casing, such that the heat dissipation surface and the heat dissipating wall are substantially parallel (to each other); wherein the heat dissipation surface (one of 35f) extends continuously from the first end of the heating chamber to a midpoint of the heating chamber (i.e. left to right in Fig. 2).
Reevell teaches a second end of the heating chamber disposed substantially at a midpoint between the first and second ends of the casing (14, Fig. 1), so as to accommodate at least a portion of the substrate carrier (40). It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to form the second end of the chamber at a midpoint of the casing, in order to provide the desired relative dimensions and control the profile of the casing, and since such modification would have involved a mere change in the size of a component. A change in size is recognized as being within the level of ordinary skill in the art. In re rose, 105 USPQ 237 (CCPA 1955).
To the extent that Thorsen does not disclose the material of the thermal bridge consisting of metal, it would have been obvious to one having ordinary skill in the art before the invention was effectively filed to use metal as the prefer material, in order to provide the desired head transfer and dissipation, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design preference.
Regarding claims 35 Thorsen a heat conductive medium (i.e. air) disposed between the heat dissipation surface (35f) and a surface of the heat dissipating wall of the casing (13, Fig. 2 and 3).
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Thorsen and Reevell, and further in view of Kunz (EP-0849026).
Regarding claim 36, Kunz teaches the use of paste between a heat sink (1, 4) and a casing (14) in order to improve thermal conductivity and reduce electrical breakdown. It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to use thermal paste, as taught by Kunz, in order to improve/spread thermal conductivity and reduce electrical breakdown.
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Thorsen and Reevell, and further in view of Portinga (US 10,955,112).
Regarding claim 37, Portinga teaches the heat dissipation surface of the heat sink (108/808) in direct contact with a surface of the heat dissipating wall of the casing (col. 14, lines 16-20) along the longitudinal direction. It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to select between the heat sink directly contacting the casing, as taught by Portinga, in order to control/improve the amount of heat dissipation.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection, as applied.
Please note that the device is in use when the cigarette is inside the casing and heated by the heating element. Loading the cigarette is not considered use of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FELIX O FIGUEROA whose telephone number is (571)272-2003. The examiner can normally be reached M-F 9am-6pm.
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/FELIX O FIGUEROA/Primary Examiner, Art Unit 2833
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