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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 15, 2026 has been entered.
Status of the Claims
Claims 9, 12-16, and 33-35 are pending and are subject to this Office Action. Claims 1-8, 10-11, and 17-32 are cancelled. Claims 9, 12, 14, and 16 are amended. Claims 33-35 are new.
Response to Amendments
The amendments to the claims filed on January 15, 2026 are acknowledged.
Response to Arguments
Applicant's arguments, see pgs 5-7, filed January 15, 2026, with respect to the rejection(s) of claims 9-10, and 12-16 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 9 to require a limitation that the previously applied prior art does not disclose: “at least one processor programmed or configured to control the induction heating element to generate the alternating current magnetic field at a mechanical resonant frequency of the susceptor element to cause the susceptor element to vibrate at the mechanical resonant frequency of the susceptor element.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art references in combination with previously applied prior art.
The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 9, 12, 14, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Bleloch (US 2015/0320116 A1) in view of Blandino (US 2017/0055580 A1) and Takahashi (US 2020/0076287 A1).
Regarding Claim 9, Bleloch, directed to aerosol generating devices ([0002]), teaches a device for aerosolization of a liquid aerosolizable substance ([0002], [0044]-[0046], Figs. 1-3; Vaporizer device 100 comprises a cartridge 107 containing a vaporizable substance which is vaporized (aerosolized) to generate an aerosol. [0050], The vaporizable substance may be a liquid), the device comprising:
an induction heating element ([0044]-[0046], Figs. 1-3; Vaporizer device 100 comprises a cartridge 107 containing a vaporizable substance. [0075], Fig. 9 shows an alternate cartridge configuration 900. Cartridge configuration 900 comprises an induction coil 903 adjacent a portion of a cartridge 901. AC electric current is applied to the induction coil 907 (induction heating element) to create an electromagnetic induction field around the wick element 907. [0008], An alternating current of an appropriate frequency in the induction coil induces eddy currents and/or magnetic hysteresis heating of the wick element, causing the wick element to heat up. The material of the wick element may be susceptible to induction heating); and
a susceptor element ([0075], Fig. 9; Cartridge configuration 900 comprises a wick element 907. AC electric current is applied to the induction coil 907 (induction heating element) to create an electromagnetic induction field around the wick element 907. [0008], An alternating current of an appropriate frequency in the induction coil induces eddy currents and/or magnetic hysteresis heating of the wick element, causing the wick element to heat up. The material of the wick element may be susceptible to induction heating. Wick element 907 is therefore a susceptor element),
wherein the induction heating element is configured to cause the susceptor element to generate heat based on induction ([0075], Fig. 9; Cartridge configuration 900 comprises an induction coil 903 (induction heating element) and a wick element 907 (susceptor element). AC electric current is applied to the induction coil 907 (induction heating element) to create an electromagnetic induction field around the wick element 907. [0008], An alternating current of an appropriate frequency in the induction coil induces eddy currents and/or magnetic hysteresis heating of the wick element, causing the wick element to heat up. The material of the wick element may be susceptible to induction heating),
wherein the susceptor element is coupled to a membrane diaphragm ([0050], [0075], Fig. 9; Cartridge configuration 900 comprises cartridge 901 having a neck 905, an insulating member (formed by the neck of the cartridge (see [0050]), and wick element 907 (susceptor element). Cartridge 901 further includes a liquid reservoir 909 having an opening at its top. [0082], Fig. 13 demonstrates a cartridge configuration 1300 according to an embodiment of the present disclosure with a cartridge having a neck, an insulating member, and wick element 1303. Wick element 1303 is coupled to a sealing portion 1305 configured to close an opening 1307 of the cartridge and seal a reservoir of the cartridge. As [0082] states that the cartridge configuration 1300 is configured to seal and prevent leakage of the reservoir of the cartridge, it is reasonably understood that the outer annular structure (unlabeled) which surrounds wick element 1303 forms a membrane diaphragm because it is a thin layer of material configured to form a barrier between the liquid in the reservoir and the exterior of the cartridge. As [0139] states that elements from one embodiment may be combined with elements from another embodiment, and the cartridge configuration 900 of Fig. 9 comprises a cartridge having a neck, an insulating member, and wick element as defined in [0082], it is reasonably understood that cartridge 901 may include an outer annular structure (membrane diaphragm) coupled to wick element 907 (susceptor element)),
wherein the device comprises an opening of a reservoir for the liquid aerosolizable substance ([0050], [0075], Fig. 9; Cartridge configuration 900 comprises cartridge 901 having a neck 905, an insulating member (formed by the neck of the cartridge (see [0050]), and wick element 907 (susceptor element). Cartridge 901 further includes a liquid reservoir 909 having an opening at its top)
wherein the liquid aerosolizable substance is configured to exit the reservoir via the opening ([0082], Fig. 13; The outer annular structure (membrane diaphragm) is positioned at the midpoint of the wick element 1303 (susceptor element). [0075]-[0076], Fig. 9; Cartridge 901 includes a liquid reservoir 909 having an opening at its top. As wick element 907 (susceptor element) is configured to transport the vaporizable substance (liquid aerosolizable substance) upwards from liquid reservoir 909 via capillary action, it is reasonably understood that vaporizable substance is configured to exit the liquid reservoir 909 via the opening),
wherein the induction heating element is further configured to generate an alternating current magnetic field ([0008], [0075], Fig. 9; Induction coil 903 (induction heating element) is configured to generate an alternating current magnetic field); and
at least one processor programmed or configured to control the induction heating element to cause the susceptor element to vibrate ([0044]-[0046], Figs. 1-3; Vaporizer device 100 includes electronic components including a processor. The power supplied to the induction coil can be controlled by the processor, which provides precise monitoring and control of the power supplied to the induction coil. As the processor controls the power supplied to the induction coil (induction heating element), and the induction coil of Bleloch has been modified in view of Blandino such that the induction heating element causes the susceptor element to vibrate, it is reasonably understood that the processor is configured to control the induction heating element to cause the susceptor element to vibrate)
but does not teach the device i) wherein the membrane diaphragm is attached to an opening of a reservoir for the liquid aerosolizable substance, ii) wherein the induction heating element is further configured to cause the susceptor element to vibrate based on an alternating current magnetic field generated by the induction heating element, wherein the membrane diaphragm is configured to allow the susceptor element to vibrate when the susceptor element receives the alternating current magnetic field generated by the induction heating element; and iii) wherein the at least one processor is programmed or configured to control the induction heating element to generate the alternating current magnetic field at a mechanical resonant frequency of the susceptor element to cause the susceptor element to vibrate at the mechanical resonant frequency of the susceptor element.
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With respect to i), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to attach the membrane diaphragm to the opening of the reservoir for the liquid aerosolizable substance because Bleloch demonstrates that the membrane diaphragm is part of a structure configured to seal the reservoir and prevent leakage from the reservoir of the cartridge (Bleloch, [0082], Fig. 13; Cartridge configuration 1300 comprising wick 1303, sealing portion 1305, opening 1307, and the outer annular structure (membrane diaphragm) is configured to seal and prevent leakage of the reservoir of the cartridge). Bleloch further demonstrates that the outer annular structure (membrane diaphragm) is positioned at the midpoint of the wick element (susceptor element) such that liquid in the reservoir below the outer annular structure (membrane diaphragm) can travel up the wick element via capillary action to a point above the outer annular structure (membrane diaphragm) to be aerosolized ([0082], Fig. 13; The outer annular structure (membrane diaphragm) is positioned at the midpoint of the wick element 1303 (susceptor element). [0075]-[0076], Fig. 9; Cartridge 901 includes a liquid reservoir 909 having an opening at its top. As wick element 907 (susceptor element) is configured to transport the vaporizable substance (liquid aerosolizable substance) upwards from liquid reservoir 909 via capillary action). Bleloch further demonstrates that the outer annular structure (membrane diaphragm) has a shape and size approximately equal to the interior surface of the neck of the cartridge ([0082], Fig. 13; The outer annular structure (membrane diaphragm) has an annular shape to form a sealing structure around wick 1303. The outer surface of the outer annular structure (membrane diaphragm) is cylindrical. [0075]-[0076], Fig. 9; Cartridge 901 includes a neck 905 having a cylindrical shape to accommodate a sealing structure around wick 907). Therefore, it would have been obvious to one of ordinary skill to attach the outer cylindrical surface of the membrane diaphragm to the opening of the reservoir for the liquid aerosolizable substance Bleloch suggests that the membrane diaphragm seals the opening of the reservoir and Fig. 9 shows that the cartridge is configured to house an outer annular structure (membrane diaphragm) as shown in Fig. 13.
With respect to ii), Blandino, directed to aerosol generating devices ([0001], [0073], Figs. 1-2; Apparatus 100 generates an aerosol) and coil-driven vibration of a magnetic element ([0105], [0122]-[0123], Alternating current may be passed through coil 122 to generate an alternating current magnetic field. Coil 122 is configured to cause heating element 130 to vibrate via magnetic interaction), teaches a device for aerosolization of a liquid aerosolizable substance ([0073], [0081], Figs. 1-2; Apparatus 100 volatilizes at least one component of a smokable material to generate an aerosol. The smokable material may be a liquid), the device comprising:
an induction heating element ([0076], [0081], Figs. 1-2; Apparatus 100 includes magnetic field generator 120 for generating a varying magnetic field. Heating element 130 is heatable by penetration with the varying magnetic field. Induction heating is a process in which an electrically-conductive object is heated by penetrating the object with a varying magnetic field, and therefore magnetic field generator 120 is an induction heating element); and
a susceptor element ([0076], [0081], Figs. 1-2; Heating element 130 is heatable by penetration with the varying magnetic field (induction). An object that is capable of being inductively heated is known as a susceptor);
wherein the induction heating element is configured to cause the susceptor element to generate heat based on induction ([0076], [0081], Figs. 1-2; Magnetic field generator 120 is configured to cause heating element 130 (susceptor element) to generate heat based on induction),
wherein the induction heating element is further configured to cause the susceptor element to vibrate based on an alternating current magnetic field generated by the induction heating element ([0105], [0122]-[0123], Figs. 1-2; Magnetic field generator 120 (induction heating element) comprises coil 122 surrounding heating element 130 (susceptor element). Alternating current may be passed through coil 122 to generate an alternating current magnetic field. Coil 122 is further configured to cause heating element 130 to vibrate via magnetic interaction),
wherein the susceptor element is coupled to a membrane diaphragm ([0089]-[0091], Figs. 1-2; Heating element 130 (susceptor element) held within air inlets 141, 142, and 143 of end member 140. End member 140 is a membrane diaphragm because it has a planar shape to define a barrier between body 110 and thermal insulator 150, and allows for the entrance of air into apparatus 100),
wherein the membrane diaphragm is configured to allow the susceptor element to vibrate when the susceptor element receives the alternating current magnetic field generated by the induction heating element ([0089]-[0091], [0122]-[0123], Figs. 1-2; Blandino does not explicitly mention or suggest that end member 140 (membrane diaphragm) prevents the vibration of heating element 130 (susceptor element). Therefore, it is reasonably understood that end member 140 is configured to allow heating element 130 to vibrate when heating element 130 receives the alternating current magnetic field generated by magnetic field generator 120 (induction heating element)),
wherein the membrane diaphragm is attached to an opening of a reservoir for the liquid aerosolizable substance ([0073], [0081], [0089]-[0091], Figs. 1-2; Because an article comprising smokable material is received within heating zone 113 and the smokable material is a liquid, heating zone 113 may be regarded as a reservoir for the liquid aerosolizable substance. End member 140 (membrane diaphragm) comprising air inlets 141, 142, and 143 is attached to the open lower end of heating zone 113 (reservoir). Therefore, end member 140 (membrane diaphragm) is attached to an opening of a heating zone 113 (reservoir) for the liquid smokable material (aerosolizable substance)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Bleloch wherein the induction heating element is further configured to cause the susceptor element to vibrate based on an alternating current magnetic field generated by the induction heating element as taught by Blandino because Bleloch and Blandino are directed to aerosol generating devices, the induction heating element of Bleloch is configured to generate an alternating current magnetic field ([0008], [0075], Fig. 9; Induction coil 903 (induction heating element) is configured to generate an alternating current magnetic field), Blandino demonstrates that an induction heating element can cause the susceptor element to vibrate based on an alternating current magnetic field generated by the induction heating element for the purpose of cleaning the susceptor element (Blandino, [0122]-[0123]), and the teaching in Blandino would have motivated one of ordinary skill to provide the device of Bleloch having the claimed functionalities. Further, as Bleloch does not explicitly state that the membrane diaphragm fixes the position of the susceptor element or prevents the susceptor element from vibrating (Bleloch, [0082], Fig. 13), and Claim 9 does not recite any specific components of the membrane necessary to “allow the susceptor element to vibrate when the susceptor element receives the alternating current magnetic field generated by the induction heating element”, it is reasonably understood that the membrane diaphragm of Bleloch is necessarily capable of “allow[ing] the susceptor element to vibrate when the susceptor element receives the alternating current magnetic field generated by the induction heating element,” as claimed.
Bleloch in view of Blandino does not teach the device iii) wherein the at least one processor is programmed or configured to control the induction heating element to generate the alternating current magnetic field at a mechanical resonant frequency of the susceptor element to cause the susceptor element to vibrate at the mechanical resonant frequency of the susceptor element.
Takahashi, directed to coil-driven vibration of a magnetic element ([0055]-[0063], [0150]-[0151], Figs. 1-3; Vibration actuator 10 comprises a movable body 30 comprising magnets 61 and 62. Coil parts 71, 72 are wound around the movable body 30 such that movable body 30 vibrates when the alternate current is supplied to coil parts 71 and 72 at a frequency substantially identical to resonant frequency of movable body 30), teaches a vibration actuator ([0055]-[0063], Figs. 1-3; Vibration actuator) comprising:
at least one induction coil ([0055]-[0063], [0150]-[0151], Figs. 1-3; Coil parts 71, 72 (induction coil) are wound around the movable body 30 such that movable body 30 vibrates when the alternate current is supplied to coil parts 71 and 72 at a frequency substantially identical to resonant frequency of movable body 30);
a magnetic element ([0055]-[0063], Figs. 1-3; Vibration actuator 10 comprises a movable body 30 (magnetic element) comprising magnets 61 and 62);
wherein the at least one induction coil is further configured to cause the magnetic element to vibrate based on an alternating current magnetic field generated by the induction coil ([0055]-[0063], [0150]-[0151], Figs. 1-3; Coil parts 71, 72 (induction coil) are wound around the movable body 30 (magnetic element) such that movable body 30 vibrates when the alternate current is supplied to coil parts 71 and 72 at a frequency substantially identical to resonant frequency of movable body 30)
wherein the induction coil is configured to generate the alternating current magnetic field at a mechanical resonant frequency of the susceptor element to cause the susceptor element to vibrate at the mechanical resonant frequency of the susceptor element ([0055]-[0063], [0150]-[0151], Figs. 1-3; Coil parts 71, 72 (induction coil) are wound around the movable body 30 (magnetic element) such that movable body 30 vibrates when the alternate current is supplied to coil parts 71 and 72 at a frequency substantially identical to resonant frequency of movable body 30. [0192], Energization of coils parts 71, 72 generates an alternating current magnetic field).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the configure the processor of Bleloch to control the induction heating element to generate the alternating current magnetic field at a mechanical resonant frequency of the susceptor element to cause the susceptor element to vibrate at the mechanical resonant frequency of the susceptor element similarly taught by Takahashi because Blandino and Takahashi are directed to coil-driven vibration of a magnetic element, Blandino states that the induction heating element is configured to cause susceptor element to vibrate via magnetic interaction but does not provide details of the magnetic interaction (Blandino, [0123]), Takahashi demonstrates that supplying an alternating current to an induction coil at a frequency identical to a mechanical resonant frequency of a magnetic element around which the coil is wound generates an alternating current magnetic field that causes the magnetic element to vibrate at the mechanical resonant frequency of the susceptor element (Takahashi, [0055]-[0063], [0150]-[0151], Figs. 1-3), the induction heating element of Bleloch is a induction coil (Bleloch, [0075], Fig. 9; Induction coil 903), the susceptor element of Bleloch is a magnetic element (Bleloch, [0058], [0075], Fig. 9; Wick element 907 (susceptor element) is magnetic).
Regarding Claim 12, Bleloch in view of Blandino and Takahashi teaches the device according to claim 9. Bleloch further teaches the device wherein the flexible membrane diaphragm is further configured to hold a first portion of the susceptor element within the induction heating element and a second portion of the susceptor element within the reservoir ([0075], Fig. 9; Cartridge configuration 900 comprises wick element 907 (susceptor element) having a first portion at the top which is surrounded by induction coil 903 (induction heating element) and a second portion at the bottom which is positioned within the liquid reservoir 909. [0082], Fig. 13, Regardless of the exact position of the sealing portion 1305 (membrane diaphragm) around wick element 907/1303 (susceptor element), the wick element 907 (susceptor element) meets the limitations of Claim 12).
Regarding Claim 14, Bleloch in view of Blandino and Takahashi teaches the device according to claim 9. Bleloch further teaches the device wherein the flexible membrane diaphragm comprises a first portion and a second portion attached to the first portion, wherein the first portion is coupled to the susceptor element, and wherein the second portion is attached to an opening of a reservoir ([0082], Fig. 13; The outer annular structure (unlabeled) which surrounds wick element 1303 forms a membrane diaphragm because it is a thin layer of material configured to form a barrier between the liquid in the reservoir and the exterior of the cartridge. The outer annular structure (membrane diaphragm) has an annular shape, and includes a first portion at the inner cylindrical surface of the annulus which abuts wick element 1303, and a second portion at the outer cylindrical surface of the annulus which is attached the first portion. The second portion (outer cylindrical surface) is attached to an opening of the reservoir as explained in Claim 9).
Regarding Claim 33, Bleloch in view of Blandino and Takahashi teaches the device according to claim 9. Takahashi further teaches the device wherein the at least one processor is further programmed or further configured to control the supply an alternating current to the induction heating element with a frequency of the mechanical resonant frequency of the susceptor element ([0055]-[0063], [0150]-[0151], Figs. 1-3; Coil parts 71, 72 (induction coil) are wound around the movable body 30 (magnetic element) such that movable body 30 vibrates when the alternate current is supplied to coil parts 71 and 72 at a frequency substantially identical to resonant frequency of movable body 30. [0192], Energization of coils parts 71, 72 generates an alternating current magnetic field. Bleloch has been modified such that the processor control the supply of an AC current at the mechanical resonant frequency of the susceptor element. Bleloch also states that the processor controls the supply of power to the induction heating element; see Bleloch, [0044]-[0046], Figs. 1-3).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Bleloch (US 2015/0320116 A1) in view of Blandino (US 2017/0055580 A1) and Takahashi (US 2020/0076287 A1) as applied to Claim 9, and further in view of Chong (US 2020/0375256 A1).
Regarding Claim 13, Bleloch in view of Blandino and Takahashi teaches the device according to claim 9. Bleloch further teaches the device wherein the susceptor element comprises a central portion and a plurality of proections or fins attached to the central portion ([0056], [0059], Fig. 4a; Wick element 402 (susceptor element) is made of stainless steel wire wound up in the form of a rope. Additionally, wick element 402 may include additional heat conducting elements attached to the wick element, such as protrusions in the form of heat conducting fins. The stainless steel wire in the form of a rope is the central portion. The heat conducting fins (protrusions) are the plurality of fins),
but does not teach the device wherein the fins are conductive filaments.
Chong, directed to aerosol generating devices ([0001]-[0002], Heat-not-burn devices generate an aerosol), teaches a device for aerosolization of an aerosolizable substance ([0069], Fig. 1; Device 100 heats a consumable to generate an aerosol), the device comprising:
an induction heating element ([0069]-[0070], [0096] Figs. 1, 2A-2E, 8A-8B; Device 100 comprises consumable-containing package 102 including a metal susceptor 106. The metal susceptor 106 is inductively heated by inductive heating element 160); and
a susceptor element ([0069]-[0070], Figs. 1, 2A-2E; Device 100 comprises consumable-containing package 102 including a metal susceptor 106);
wherein the induction heating element is configured to cause the susceptor element to generate heat based on induction ([0069]-[0070], [0096] Figs. 1, 2A-2E, 8A-8B; Inductive heating element 160 is configured to cause metal susceptor 106 to generate heat based on induction),
wherein the susceptor element comprises a central portion and a plurality of conductive filaments attached to the central portion ([0077], Fig. 2E; Susceptor 106 may be comprised of fine filaments of steel wool bundled together in the form of a pad. It is reasonably understood that steel wool filaments are conductive. The interior of the susceptor 106 can be defined as the central portion, and a plurality of conductive steel wool filaments are attached to the exterior or the central portion. In this case, the central portion also comprises conductive filaments).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the plurality of fins taught by Bleloch with the plurality of conductive filaments taught by Chong such that the susceptor comprises a central portion and a plurality of conductive filaments attached to the central portion because Bleloch, Blandino, and Chong are directed to aerosol generating devices, Bleloch states that the susceptor may be formed from a stainless steel (Bleloch, [0059]), and that the fins are heat conductive (Bleloch, [0059]), Chong demonstrates that steel wool is easily disposable, relatively non-toxic, and heat conductive (Chong, [0077]-[0078], Steel wool is a metal heat conductive material), and this involves substituting one susceptor component for another to yield predictable results.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Bleloch (US 2015/0320116 A1) in view of Blandino (US 2017/0055580 A1) and Takahashi (US 2020/0076287 A1) as applied to Claim 9, and further in view of in view of Park (US 2021/0093009 A1).
Regarding Claim 15, Bleloch teaches the device wherein the susceptor element comprises a central portion perforated with a plurality of apertures, wherein the central portion is constructed from a foil ([0055]-[0057], [0059], [0062], [0075]-[0076], Fig. 9; Wick element 907 (susceptor element) comprises a metal foil or mesh having a sufficient porosity to perform a wicking function by capillary action. If the wick element 907 (susceptor element) is capable of transferring a vaporizable substance from the reservoir based on a capillary action, it necessarily comprises apertures. Wick element 907 (susceptor element) may further include fins or protrusions attached to the wick element 907. The portion of wick element 907 not including the fins or protrusions is the central portion. The limitation “perforated with a plurality of apertures is a product-by-process limitation. The determination of patentability is based upon the product structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product, and the product of Bleloch is capable of being made in the claimed manner),
but does not teach the device wherein the central portion has a conical shape.
Park, directed to aerosol generating devices ([0001]), teaches a device for aerosolization of an aerosolizable substance ([0026], Fig. 1; Apparatus 100 generates an aerosol from cigarette 200), the device comprising:
an induction heating element ([0026], [0030], [0102], Fig. 1; Coil 130 is an element which inductively heats susceptor 110); and
a susceptor element ([0026], [0030], Fig. 1; Susceptor 110);
wherein the induction heating element is configured to cause the susceptor element to generate heat based on induction ([0026], [0030], [0102], Fig. 1; Coil 130 is configured to cause susceptor 110 to generate heat based on induction),
wherein the susceptor element has a conical shape ([0046], Figs. 1, 3; Susceptor 110 includes a conical portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the central portion of the susceptor element taught by Bleloch in view of Blandino with a conical shape as taught by Park because Bleloch, Blandino, and Park are directed to aerosol generating devices, and changing the cross section of the central portion to a conical shape constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Regarding Claim 16, Bleloch in view of Blandino, Takahashi, and Park teaches the device according to claim 15. Bleloch further teaches the device wherein the flexible membrane diaphragm is further configured to hold at least a portion of the susceptor element within the induction heating element ([0075], Fig. 9; Cartridge configuration 900 comprises wick element 907 (susceptor element) having a first portion at the top which is surrounded by induction coil 903 (induction heating element) and a second portion at the bottom which is positioned within the liquid reservoir 909. [0082], Fig. 13, Regardless of the exact position of the outer annular structure (membrane diaphragm) around wick element 907/1303 (susceptor element), the wick element 907 (susceptor element) meets the limitations of Claim 16).
Claims 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Bleloch (US 2015/0320116 A1) in view of Blandino (US 2017/0055580 A1) and Takahashi (US 2020/0076287 A1) as applied to Claim 33, and further in view of in view of White (US 2024/0324684 A1).
Regarding Claims 34-35, Bleloch does not teach the device wherein the at least one processor is further programmed or further configured to control the supply an additional alternating current to the induction heating element with an operating frequency different to the mechanical resonant frequency of the susceptor element, wherein the operating frequency is a resonant frequency of an induction heating circuit including the induction heating element.
White, directed to aerosol generating devices ([0002]), teaches a device for aerosolization of an aerosolizable substance ([0043]-[0044]RLC, Fig. 1; Aerosol generating device 100 generates an aerosol from aerosol generating material 116), the device comprising:
an induction heating circuit including an induction heating element ([0043]-[0044], Fig. 1; Aerosol generating device 100 comprises a battery 104, a driving arrangement 106, an induction element 108 (induction heating element). [0062]-[0065], Fig. 4; Driving arrangement 106 comprises a driver 432 and a driver controller 430. Driver 432 is electrically connected to the induction element 108. The induction element may have an inductance L. The driver 432 may be electrically connected to the induction element 108 via a circuit comprising a capacitor (not shown) having a capacitance C and the induction element 108 connected in series, i.e. a series LC circuit (induction heating circuit)); and
a susceptor element ([0043], Fig. 1; Susceptor 110);
wherein the induction heating element is configured to cause the susceptor element to generate heat based on induction ([0043]-[0044], Fig. 1; Induction element 108 is configured to cause susceptor 110 to generate heat based on induction);
a controller configured to control the supply an alternating current to the induction heating element with an operating frequency at a resonant frequency of the induction heating circuit ([0062]-[0065], Fig. 4; Driving arrangement 106 comprises a driver 432 and a driver controller 430. Driver 432 is arranged to provide, from an input direct current from the battery 104, an alternating current to the induction element 108 in use. The driver controller 208 may control the frequency of the alternating current driven through a series LC circuit comprising the induction element 108 to be at or near the resonant frequency of the LC circuit).
It would have been obvious to one of ordinary skill in the art to provide the device of Bleloch comprising an induction heating circuit including the induction heating element wherein the at least one processor is further programmed or further configured to control the supply an additional alternating current to the induction heating element with an operating frequency different to the mechanical resonant frequency of the susceptor element, wherein the operating frequency is a resonant frequency of the induction heating circuit as taught by White because Bleloch, Blandino, and White are directed to aerosol generating devices, White demonstrates that operating an induction heating circuit at its resonance frequency provide for effective and efficient inductive heating (White, [0042]), and this involves combining prior art elements according to known methods to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755