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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/27/25 has been entered.
Status of the Claims
Claims 32-48, 50, 52, 56-58, and 63-79 are pending and are subject to this office action. This office action is in response to Applicant’s amendment filed on 11/15/24.
Claims 32, 46-48, 50, 52, 56-58, and 63-65 are amended.
Claims 59-61 are cancelled.
Claims 71-79 are new.
Claims 32-45 and 66-70 remain withdrawn.
Claims 46-48, 50, 52, 56-58, 63-65, and 71-79 are under examination.
Response to Amendments
In response to Applicant’s amendments filed 5/27/25, the Examiner withdraws the provisional double patenting rejections to Claims 46 and 47 as being unpatentable over Claim 51 of copending Application No. 17/624,510.
Response to Arguments
Applicant's arguments (filed 5/27/25, pages 16-19) have been fully considered and are persuasive. Applicant argues: Kaufman does not disclose or suggest an aerosol-generating system comprising an aerosol-generating article having a mouthpiece as claimed in amended Claims 46 and 47. Therefore, the rejection has been withdrawn.
However, the Applicant’s argument that Kaufman could not be modified to have an aerosol-generating article comprising a mouthpiece is not persuasive as will be discussed in the rejection below. A new ground(s) of rejection is made over Kaufman in view of Abi Aoun (US 20220183368 A1).
Claim Rejections - 35 USC § 112
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.
Claim 77 is 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. The term “close” in claim 77 is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
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.
Claims 46-48, 50, 52, 58, 63-65, and 72-79 are rejected under 35 U.S.C. 103 as being unpatentable over Kaufman (US 20190313695 A1) in view of Abi Aoun (US 20220183368 A1)
Regarding Claims 46 and 47, Kaufman discloses an aerosol-generating system ("an inductive heating arrangement for use with a device for heating smokable material" Abstract), comprising:
an aerosol-generating article comprising an aerosol-forming substrate (The smokable material may be in the form of a rod which can be inserted into the apparatus. [0014]), and
an aerosol-generating device, comprising: a device cavity configured to receive an aerosol-forming substrate ("the smokable material may be contained in a smokable material wrapper or container (not shown), which container can be inserted into the volume within the tubular susceptor 202" [0027]);
wherein a mouthpiece is provided as part of the aerosol-generating device (The smokable material is inserted into the heating chamber which is in fluid communication with the mouthpiece 101a. [0018], [0021], Fig 1); an inductive heating arrangement configured to heat an aerosol-forming substrate (heating arrangement 103, [0022]),
an inductive heating element including at least one susceptor that is heatable by penetration with a varying magnetic field to heat the aerosol-forming substrate (susceptor 202, [0023], Fig 2), the inductive heating arrangement comprising:
a first inductor coil (first inductor coil 204, [0025], Fig 2)
disposed about the device cavity, the first portion of the inductive heating element being disposed between the first inductor coil and the device cavity (first inductor coil 204 is disposed around the tubular susceptor 202. [0025], Fig 2. The first susceptor region 202a is disposed between the tubular cavity and the first inductor coil 204. [0025], Fig 2), and
a second inductor coil (second inductor coil 206, [0025], Fig 2)
disposed about the device cavity, the second portion of the inductive heating element being disposed between the second inductor coil and the device cavity (second inductor coil 206 is disposed around the tubular susceptor 202. [0025], Fig 2. The second susceptor region 202b is disposed between the tubular cavity and the second inductor coil 206. [0025], Fig 2);
wherein the second inductor coil has a different number of turns to the first inductor coil ("the first inductor coil 204 may comprise a different number of turns than the second inductor coil 206" [0079]);
a power supply configured to supply power to the inductive heating arrangement (power source 108, [0018] & [0037], Fig 1); and
a controller (controller 106, [0017] & [0032], Figs 1 & 3) configured to:
when the aerosol-forming substrate is received in the device cavity, initiate heating of the aerosol-forming substrate ("the inductor coils 204,206 may be operated alternatively, each inductor coil being operated for a respective given interval of time while the other inductor coil is not operated." The coils may be operated such that the first coil 204 heats a substrate first and the second coil 206 heats the substrate second. [0027])
drive a first varying current in the first inductor coil to generate a first varying magnetic field for heating a first portion of the inductive heating element (“when a varying current flows through the first inductor coil 204, it generates a corresponding varying magnetic field, which field causes only the part of the susceptor 202 substantially closest to the first inductor coil 204 to generate heat.” [0026], Fig 2), and
control the first varying current such that a temperature of the first portion of the inductive heating element increases from an initial temperature to a first operating temperature (“the varying magnetic field generated by the first inductor coil 204 causes substantially localized heating in the first susceptor region 202a of the susceptor 202.” [0026], Fig 2),
subsequently drive a second varying current in the second inductor coil to generate a second varying magnetic field for heating a second portion of the inductive heating element ("when a varying current flows through the second inductor coil 206, it generates a corresponding varying magnetic field, which field causes only the part of the susceptor 202 substantially closest to the second inductor coil 206 to generate heat." [0026], Fig 2), and
control the second varying current such that a temperature of the second portion of the inductive heating element increases from an initial temperature to a second operating temperature (“the varying magnetic field generated by the second inductor coil 206 causes substantially localized heating in the second susceptor region 202b of the susceptor 202.” [0026], Fig 2),
drive the first varying current when the second varying current is not being driven, and drive the second varying current when the first varying current is not being driven (“the first inductor coil 204 can be operated to heat the first susceptor region 202a and the second inductor coil 206 can be operated to heat the second susceptor region 202b.” [0026], Fig 2. “the topology of circuit 300 allows the same circuitry to be used to operate two separate inductor coils at different times to heat the susceptor 202.” [0032], Fig 3)
wherein: the device cavity has a proximal end and a distal end, opposite the proximal end, the proximal end being substantially open for receiving the aerosol- generating substrate (The device comprises a tubular cavity comprising a proximal end and a distal end. Fig 2. A smokable material or container maybe inserted into the tubular susceptor at one of the open ends. [0027], Fig 2);
the first inductor coil is arranged towards the proximal end of the device cavity; and the second inductor coil is arranged towards the distal end of the device cavity (first inductor coil 204 is arranged about an end of the susceptor tube opposite the second inductor coil 206, [0025], Fig 2. second inductor coil 206 is arranged about an end of the susceptor tube opposite the first inductor coil 204, [0025], Fig 2).
Kaufman does not explicitly disclose wherein a mouthpiece is provided as part of the aerosol-generating article. However, Abi Aoun teaches a similar aerosol generating system ([0012]-[0017], Figs 1 & 2), comprising:
an aerosol-generating article comprising an aerosol-forming substrate (The smokable material may be in the form of a rod which can be inserted into the apparatus. [0070]),
wherein a mouthpiece is provided as part of the aerosol-generating article ("The mouthpiece may be removably affixed to an opening of the device, or the opening of the device may itself define a mouthpiece. In a particular example, an article comprising the aerosol generating material is inserted into the device and extends out of the opening of the device while it is being heated." [0083]. Wherein the device is provided in the configuration where the article extends beyond the opening of the device, the article may comprise a filter such that the filter is a mouthpiece element which is inhaled by the user. [0214], [0242], Figs 1 & 5A).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the system mouthpiece of Kaufman with a mouthpiece directly attached to the aerosol-generating article as taught by Abi Aoun because Kaufman and Abi Aoun are both directed to inductively heated aerosol-generating systems, Abi Aoun teaches the use of a mouthpiece attached directly to the aerosol-generating article as an alternative configuration to a mouthpiece attached to the aerosol-generating device, and this merely involves applying a known component configuration to a similar aerosol generating device to yield predictable results.
Regarding Claim 48, Kaufman further discloses an aerosol-generating system wherein the second coil is wound in a different direction than that of the first coil ("the first inductor coil 204 and the second inductor coil 206 are wound in opposite senses as indicated by the dots which appears at the first end 204a of the first inductor coil 204 and at the first end 206a of the second coil 206." [0060], Fig 3).
Regarding Claim 50, Kaufman further discloses an aerosol-generating system wherein the second coil has a different length than that of the first coil ("the first and second inductor coils [may] be different lengths such that the first inductor coil 204 is wound over a larger section of the susceptor 202" [0079]).
Regarding Claim 52, Kaufman further discloses an aerosol-generating system wherein the inductive heating element is a tubular inductive heating element defining an inner cavity, and wherein the device cavity is disposed in the inner cavity ("the smokable material may be contained in a smokable material wrapper or container (not shown), which container can be inserted into the volume within the tubular susceptor 202" [0027]).
Regarding Claim 58, Kaufman further discloses an aerosol-generating system further comprising:
a first switch between the power supply and the first inductor coil (The first inductor coil 204 is connected to a first switch 308. [0034], Fig 3); and
a second switch between the power supply and the second inductor coil (The second inductor coil 206 is connected to a second switch 312. [0034], Fig 3),
wherein the controller is further configured to turn on and off the first switch at a first switching rate to drive the first varying current in the first inductor coil when the second switch remains off ("the first inductor coil 204 is controlled to heat the susceptor 202 when the first switch 308 is turned on and off at a first switching rate while the second switch 312 remains off" [0040]), and
turn on and off the second switch at a second switching rate to drive the second varying current in the second inductor coil when the first switch remains off ("the second inductor coil 206 is controlled to heat the susceptor 202 when the second switch 312 is turned on and off at a second switching rate while the first switch 308 remains off" [0040]).
Regarding Claim 63 and 64, Kaufman further discloses an aerosol-generating system wherein the controller is further configured to: drive the first and/or second varying current in a plurality of pulses, and control the first and/or second varying current by pulse width modulation (Described is a variation of pulse width modulation to power each of the inductor coils. [0045]-[0051], Fig 4).
Regarding Claim 65, Kaufman further discloses an aerosol-generating system wherein
the aerosol-generating device further comprises a first switch between the power supply and the first inductor coil (first switch 308, [0034], Fig 3), and
a second switch between the power supply and the second inductor coil (second switch 312, [0034], Fig 3), and
wherein the controller is further configured to: turn on and off the first switch at a first switching rate to drive the first varying current in the first inductor coil when the second switch remains off, and turn on and off the second switch at a second switching rate to drive the second varying current in the second inductor coil when the first switch remains off ("In the example of FIG. 3, the circuit 300 includes first and second resonator sections 302 and 304. The first inductor coil 204 is arranged to form part of the first resonator section 302 of the circuit 300, and the second inductor coil 206 is arranged to form part of the second resonator section 304 of the circuit 300. The first resonator section 302 also comprises a first capacitor 306 comprising a first terminal 306a and a second terminal 306b, and a first switch 308. Similarly, the second resonator section 304 further comprises a second capacitor 310 comprising a first terminal 310a and a second terminal 310b, and a second switch 312. The first switch 308 is arranged to turn the first resonator section 302 on and off, and the second switch 312 is arranged to turn the second resonator section 304 on and off In some examples, the components of circuit 300 may be arranged differently (in a different topography) to as shown in FIG. 3. In some examples, additional or alternative components may be included." [0034], Fig 3).
Regarding Claim 72, Kaufman further discloses an aerosol-generating system wherein the first varying current is controlled such that the temperature of the first portion of the inductive heating element increases from an initial temperature in accordance with a first operating temperature profile that varies with time ("in a first mode, the first and second coils may be operated for a particular length of time, and/or heat the aerosol generating material to a particular temperature." [0081]. "the inductor coil is configured to heat the susceptor to a temperature of between about 240° C. and about 300° C., such as between about 250° C. and about 280° C." [0172]. The varying current passing through the induction coil generates the varying electric field that heats the susceptor over time. [0225]).
Regarding Claim 73, Kaufman discloses an aerosol-generating system wherein the aerosol-generating device further comprises a device housing ("The apparatus 100 may comprise any suitable material or materials, for example, the outer housing 101 may comprise plastic or metal" [0015], Fig 1. Figures 3 and 5 appear to further disclose support structure elements which abut either end of the heating arrangement 103. [0060]) and Abi Aoun further discloses wherein a similar support structure element of the device housing defines a portion of the device cavity such that the inductive heating element is disposed about the device cavity ("Located at least partially within the expansion chamber 144 is a retention clip 146 to abut and hold the article 110 when received within the device 100." [0240], Fig 3).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the structural housing elements of Kaufman with a housing support element which defines an inner surface of the device cavity as taught by Abi Aoun because Kaufman and Abi Aoun are both directed to inductively heated aerosol-generating systems, Abi Aoun teaches the use of a housing support element to support the susceptor in order to abut and support the aerosol-generating article within the cavity, and this merely involves applying a known component configuration to a similar aerosol generating device to yield predictable results.
Regarding Claim 74, Abi Aoun further discloses an aerosol-generating system wherein the device housing defines an inner surface of the device cavity and the inductive heating element is disposed about the inner surface of the device cavity ("Located at least partially within the expansion chamber 144 is a retention clip 146 to abut and hold the article 110 when received within the device 100." [0240], Fig 3. The retention clip 146 comprises an element of the housing which extends into the tubular susceptor, defining an inner surface of cavity, and wherein a portion of the induction coil is position around the retention clip 146. Fig 3).
Regarding Claim 75, Kaufman discloses an aerosol-generating system
wherein the aerosol-generating device further comprises a device housing defining the device cavity ("The apparatus 100 may comprise any suitable material or materials, for example, the outer housing 101 may comprise plastic or metal" [0015], Fig 1. Figures 3 and 5 appear to further disclose support elements which abut either end of heating arrangement 103. [0060]), and
wherein the device housing comprises an air inlet configured to enable ambient air to enter the device housing and an air outlet configured to enable air to enter the device cavity from within the device housing ("The apparatus 100 may further comprise one or more air inlets 112 formed through the housing 101 and into the heating chamber 102" [0020], Fig 1).
Regarding Claims 76 and 77, Kaufman further discloses an aerosol-generating system wherein the air outlet is at the distal end of the device cavity and/or the air inlet is in close proximity to the distal end of the device cavity (The one or more air inlets 112 are formed through the housing 101 and into the heating chamber 102 at the distal end of the device cavity. [0020], Fig 1).
Regarding Claim 78, Kaufman discloses an aerosol-generating system wherein the inductive heating element has a unitary structure ("In this example, the susceptor 202 is a single tubular member made from a material that can be inductively heated" [0023], Fig 2).
Regarding Claim 79, Kaufman discloses an aerosol-generating system wherein the inductive heating element has a unitary structure ([0023], Fig 2) but does not disclose wherein the heating element may comprise multiple components. However, Abi Aoun further discloses an aerosol-generating system:
wherein the first portion of the inductive heating element comprises a first susceptor and the second portion of the inductive heating element comprises a second susceptor ("The susceptor arrangement 132 may comprise a single susceptor, or two or more separate susceptors" [0227], Fig 2), and
wherein the inductive heating element comprises a separation between the first portion of the inductive heating element and the second portion of the inductive heating element (The susceptor 132 may comprise of two, three, and four materials, capable of being heated at two different frequencies, which are spaced adjacent along the axis of the susceptor. [0232]. Wherein three or four materials are present and spaced out axially, at least two regions defined by different materials and separated by a third or fourth material.).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the singular tubular member of Kaufman with a multi-segmented tubular susceptor as taught by Abi Aoun because Kaufman and Abi Aoun are both directed to inductively heated aerosol-generating systems, Abi Aoun teaches the use of a multi-segmented tubular susceptor in order to adjust the heating properties of the susceptor along the axial length ([0232]), and this merely involves applying a known component configuration to a similar aerosol generating device to yield predictable results.
Claims 56 and 57 are rejected under 35 U.S.C. 103 as being unpatentable over Kaufman in view of Abi Aoun as applied to Claim 47 above, and further in view of Lee (US 20210219617 A1)
Regarding Claims 56 and 57, Kaufman discloses an aerosol-generating device wherein the controller is further configured to drive the first and/or second varying current in a plurality of pulses ("the first and second inductor coils 204, 206 generate a varying magnetic field when a varying electrical current flows through them" [0026]. Described is a variation of pulse width modulation to power each of the inductor coils. [0045]-[0051], Fig 4), but does not explicitly disclose wherein the controller is configured to control the first and/or second varying current is referred to as pulse width modulation.
Lee teaches an aerosol-generating device wherein the controller is configured to control a first and/or second varying current by pulse width modulation ("The pulse width modulation processing unit 14a allows the controller 12 to control the power supplied to the first coil 13a and the second coil 13b by transmitting PWM (Pulse Width Modulation) signals to the first coil 13a and the second coil 13b" [0082]; [0090]-[0091], Fig 6).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the controller of Kaufman with a configuration comprising pulse width modulation as taught by Lee because Kaufman and Lee are both directed to aerosol-generating devices comprising two induction coils controlled by a controller, Lee teaches the use of a controller configured to utilize pulse width modulation to control the heating of the induction coils, and this merely involves applying a well-known method of controlling induction coils to a similar aerosol generating device to yield predictable results.
Claim 71 is rejected under 35 U.S.C. 103 as being unpatentable over Kaufman in view of Abi Aoun as applied to Claim 47 above, and further in view of Milligan (US 20210186109 A1).
Regarding Claim 71, Kaufman discloses wherein the controller is further configured to supply a varying current to the inductive heating arrangement ("the first and second inductor coils 204,206 generate a varying magnetic field when a varying electrical current flows through them" [0026]), and Abi Aoun discloses wherein the controller is further configured to supply a varying current comprising specific frequencies to the inductive heating arrangement ("the heater component/susceptor may comprise at least two materials capable of being heated at two different frequencies for selective aerosolization of the at least two materials" [0105]) but Kaufman and Abi Aoun do not explicitly disclose wherein the controller is further configured to supply a varying current to the inductive heating arrangement having a frequency of between 5 kilohertz and 500 kilohertz.
Milligan teaches an inductively heated aerosol-generating device wherein the controller is further configured to supply a varying current to the inductive heating arrangement having a frequency of between 5 kilohertz and 500 kilohertz (“Driving the RLC or LC circuit at or near the resonant frequency may therefore provide for effective and/or efficient inductive heating by providing for the greatest value of the magnetic field penetrating the susceptor”. [0048]. “the resonant frequency f0 of the circuit 150 can vary from implementation to implementation. For example, the frequency may be in the range 0.1 MHz to 4 MHz” [0106]. A prima facie case of obviousness exists where claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP § 2144.05(I)).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the alternating current of Kaufman and/or Abi Aoun with the known frequencies for inductively heated aerosol generating devices which range from at least 100 kilohertz to 500 kilohertz as taught by Milligan because Kaufman, Abi Aoun, and Milligan are all directed to inductively heated aerosol-generating devices, Milligan teaches the use of a range of frequencies for inductive heating elements and teaches that the resonant frequencies for inductive heating circuits is dependent on the inductance and capacitance of the circuit selected ([0106]), and this merely involves applying a known control component to a similar aerosol generating device to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Buckman whose telephone number is (571)270-0888. The examiner can normally be reached Monday-Friday 8:00-4:00.
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/JEFFREY A. BUCKMAN/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755