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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/21/26 has been entered.
Status of the Claims
Claims 24-40 are pending and are subject to this office action. This office action is in response to Applicant’s amendment filed on 4/21/26.
Claims 24-29 are amended.
Claims 37-40 are new.
Response to Arguments
Applicant's arguments (filed 4/21/26, pages 7-14) have been fully considered. Applicant's arguments are persuasive in part, and not persuasive in part. Applicant argues: (1) White ‘012 and Kaufman each affirmatively rely on a continuous, common susceptor body specifically in order to enable localized heating of different regions of that same susceptor using multiple induction elements, and (2) there is no disclosure or suggestion in White ‘012 or Kaufman of providing a susceptor arrangement comprising an intermediate element disposed between a first susceptor and a second susceptor.
Regarding Argument (1), the Examiner respectfully disagrees. White ‘012 discloses wherein the device may comprise “one or more susceptors” ([0027]). White ‘012 further states “each one of the plurality of induction elements 108a, 108b may be arranged for inductive heating of a respective one of a plurality of separate susceptors” ([0043]). Therefore, it is clear that the induction coils of White ‘012 may be configured to enable heating of different, separate susceptors.
Regarding Argument (2), Applicant’s Argument is persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of White ‘472 (US 20220039472 A1).
The following rejections are maintained and modified where necessary based on Applicant’s amendments.
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.
Claims 24-31 and 34-40 are rejected under 35 U.S.C. 103 as being unpatentable over White ‘012 (US 20210093012 A1) in view of Kaufman (US 20190313695 A1) and White ‘472 (US 20220039472 A1).
In regard to Claim 24, White ‘012 discloses an aerosol-generating device (Device 100. [0041], Fig 1), comprising:
a device cavity configured to receive an aerosol-generating article ("the susceptor 110 and the aerosol generating material 116 form an integral unit that may be inserted and/or removed from the aerosol generating device 100" [0043]);
an inductive heating arrangement configured to heat the aerosol-forming substrate (Inductive heater and susceptor. [0034]), the inductive heating arrangement comprising:
a susceptor arrangement that is heatable by penetration with a varying magnetic field to heat the aerosol-forming substrate (Susceptor 110. [0042], Fig 2),
the susceptor arrangement comprising a first susceptor and a second susceptor (The susceptor arrangement may comprise a plurality of separate susceptors, such that each one of the plurality of induction elements may be arranged for inductive heating of a respective one of the plurality of separate susceptors. [0027], [0043]),
a first LC circuit comprising: a first inductor coil disposed around the first susceptor and arranged towards the proximal end of the device cavity (LC circuit 205a, induction element 108a. [0043], [0050], Fig 2) and
a first capacitor (Capacitor 210a. [0050], Fig 2)
wherein the first LC circuit has a first resonance frequency (LC circuits exhibit electrical resonance at a particular resonant frequency based on its inductance (L) and capacitance (c). [0035]), and
a second LC circuit comprising: a second inductor coil disposed around the second susceptor and arranged towards the distal end of the device cavity (LC circuit 205b, induction element 108b. [0043], [0050], Fig 2) and
a second capacitor (Capacitor 210b. [0050], Fig 2)
wherein the second LC circuit has a second resonance frequency different from the first resonance frequency of the first LC circuit ("it will be appreciated that the resonant frequency of the LC circuit 205a, 205b may be dependent on the inductance L and capacitance C of the circuit 205a, 205b, which in turn may be dependent on the inductor 108a, 208b, capacitor 210a, 210b and susceptor 110 used." [0053]. Wherein the inductance and capacitance of each LC circuit are different due to different lengths and/or number of turns, the resonant frequency of each circuit is also different. Fig 2), and
a power source (Power Source 104. [0041], Fig 1); and
a controller configured to initiate heating of the aerosol-forming substrate by actively supplying a first varying current from the power supply to the first inductor coil and subsequently actively supplying a second varying current from the power supply to the second inductor coil ("supply bus controller 212 arranged to control the supply bus 210 to supply the switching potential vs 216 to a selectable one or more of the plurality of driving arrangements 204a, 204b in use, i.e. to a selectable one or more of the driver controllers 208a, 208b of the driving arrangements 204a, 204b in use." [0055], Fig 2).
White ‘012 does not explicitly disclose a device cavity having a proximal end and a distal end opposite the proximal end, wherein the proximal end of the device cavity is substantially open and configured to receive an aerosol-generating article and/or wherein the second inductor coil has a different number of turns than that of the first inductor coil.
Kaufman teaches a similar aerosol generating device (Apparatus 100; [0015], Fig 1) comprising a susceptor arrangement comprising first and second LC circuits (Susceptor 202 generates heat upon penetration by a varying magnetic field. [0023]-[0025], Figs 2 & 3). Kaufman further discloses:
a device cavity having a proximal end and a distal end opposite the proximal end, wherein the proximal end of the device cavity is substantially open and configured to receive an aerosol-generating article ("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], Fig 2 & 3) and
wherein the second inductor coil has a different number of turns than that of the first inductor coil ("the first inductor coil 204 may comprise a different number of turns than the second inductor coil 206." [0079]).
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 induction heating device of White ‘012 with a device cavity and/or induction coils with different numbers of turns as taught by Kaufman because White ‘012 and Kaufman are both directed to induction heating devices comprising dual LC circuits, White ‘012 is silent on the structural elements of the article receiving components and the number of turns in either induction heating coil, Kaufman teaches the use of a device cavity and induction coils with different numbers of turns, and this merely involves applying a known induction heating device components to a similar induction heating device to yield predictable results.
White ‘012 teaches that the susceptor arrangement may comprise a plurality of separate susceptors ([0027], [0043]), but does not explicitly disclose an intermediate element disposed between the susceptors. However, White ‘472 teaches an aerosol generating device ([0004]) comprising a tubular susceptor ([0053]) comprising a susceptor portion ([0040]) formed as a ferromagnetic coating on a support section ([0055]).
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 separate susceptors of White ‘012 such that the separate susceptors are separate susceptor portions formed as ferromagnetic coatings on a support section as taught by White ‘472 because White ‘012 and White ‘472 are both directed to a inductively heated aerosol generating devices comprising susceptor elements, White ‘472 teaches that using a ferromagnetic coating on a support structure is a cost effective method for producing a susceptor element ([0057]), and this merely involves applying a known component to a similar aerosol generating device to yield predictable results. Where the separate susceptor portions are coated ferromagnetic portions on a support structure, the space between the separate susceptor portions is an intermediate element, absent the ferromagnetic susceptor material and comprising of the support structure material.
In regard to Claim 25, White ‘012 further discloses an aerosol-generating device wherein the controller is further configured to:
drive the first LC circuit with a first AC current for generating a first alternating magnetic field for heating the first susceptor, drive the second LC circuit with a second AC current for generating a second alternating magnetic field for heating the second susceptor ("The circuitry 106 is arranged to convert an input DC current from the DC power source 104 into a varying, for example alternating, current. The circuitry 106 is arranged to drive the alternating current through one or more, for example each, of the induction elements 108a 108b." [0041]; [0043], Fig 2),
supply the first AC current with a frequency corresponding to the first resonance frequency of the first LC circuit, and supply the second AC current with a frequency corresponding to the second resonance frequency of the second LC circuit ("Each driver controller 208a, 208b may control the frequency of the alternating current driven through the respective LC circuit 205a, 205b (the drive frequency) to be at or near the resonant frequency of the LC circuit 205a, 205b." [0053]. "Driving the RLC or LC circuit at or near the resonant frequency may therefore provide for effective and/or efficient inductive heating." [0035]).
In regard to Claim 26, White ‘012 further discloses an aerosol-generating device wherein the controller is further configured to:
supply the first AC current to the first LC circuit during a first phase to increase the temperature of the first susceptor from an initial temperature to a first operating temperature (The controller may be used to modify the frequency of the current provided to each individual inductor in order to increase or decrease the inductive heating of the respective induction element [0035], [0043], [0053]-[0056]), and
supply the first AC current with a frequency corresponding to the first resonance frequency of the first LC circuit during the first phase (Driving the RLC or LC circuit at or near the resonant frequency may therefore provide for effective and/or efficient inductive heating. [0035]).
In regard to Claim 27, White ‘012 further discloses an aerosol-generating device wherein the controller is further configured to:
supply the first AC current to the first LC circuit during a second phase to decrease the temperature of the first susceptor from the first operating temperature to a second operating temperature (The controller may be used to modify the frequency of the current provided to each individual inductor in order to increase or decrease the inductive heating of the respective induction element [0035], [0043], [0053]-[0056]), and
supply the first AC current with a frequency different from the first resonance frequency of the first LC circuit during the second phase (The induction heating elements may be operated to heat the substrate to a range of temperatures such as about 50° C to about 350° C. [0047]).
In regard to Claim 28, White ‘012 further discloses an aerosol-generating device wherein the controller is further configured to:
supply the second AC current to the second LC circuit during the first phase to increase the temperature of the second susceptor from an initial temperature to a third operating temperature, lower than the first operating temperature (The controller may be used to modify the frequency of the current provided to each individual inductor in order to increase or decrease the inductive heating of the respective induction element [0035], [0043], [0053]-[0056]) and
supply the second AC current with a frequency different from the second resonance frequency of the second LC circuit during the first phase (The induction heating elements may be operated to heat the substrate to a range of temperatures such as about 50° C to about 350° C. [0047]).
In regard to Claim 29, White ‘012 further discloses an aerosol-generating device wherein the controller is further configured to:
supply the second AC current to the second LC circuit during the second phase to increase the temperature of the second susceptor from the third operating temperature to a fourth operating temperature, higher than the second operating temperature (The controller may be used to modify the frequency of the current provided to each individual inductor in order to increase or decrease the inductive heating of the respective induction element [0035], [0043], [0053]-[0056]), and
supply the second AC current with a frequency corresponding to the second resonance frequency of the second LC circuit during the second phase (Driving the RLC or LC circuit at or near the resonant frequency may therefore provide for effective and/or efficient inductive heating. [0035]).
In regard to Claim 30, White ‘012 further discloses an aerosol-generating device wherein the power supply is configured to provide power to the inductive heating arrangement (Power Source 104 [0041], Fig 1).
In regard to Claim 31, Kaufman further discloses an aerosol-generating device wherein the controller comprises a microcontroller ("controller 106 may comprise control circuitry and a micro-processor arrangement configured and arranged to control the heating arrangement 103" [0017]).
In regard to Claim 34, Kaufman further discloses an aerosol-generating device wherein the second coil is wound in a different direction than that of the first coil (The first and second coils may have reverse windings. See Figs 3 and 5. "The relative winding of the first and second inductor coils 204 and 206 may be referred to as the phasing of the first and second inductor coils 204 and 206." [0059]).
In regard to Claim 35, Kaufman further discloses an aerosol-generating device wherein the second coil has a different length than that of the first coil ("the first and second inductor coils [may] be different lengths" [0079]).
In regard to Claim 36, White ‘012 further discloses an aerosol-generating system comprising:
an aerosol-generating device according to claim 24 (See Claim 24 above), and
an aerosol-generating article comprising an aerosol-forming substrate ("the plurality of induction elements being for inductive heating of one or more susceptors for heating aerosol generating material" [0004]).
In regard to Claim 37, White ‘472 further discloses wherein the support portion is formed from an electrically insulative material (The support portion may comprise a plastics material. [0054]) such that the intermediate element discussed in Claim 24 is formed from an electrically insulative material.
In regard to Claim 38, White ‘472 further discloses wherein the support portion is formed from a thermally insulative material (The support portion may comprise a plastics material. [0054]) such that the intermediate element discussed in Claim 24 is formed from a thermally insulative material.
In regard to Claim 39, White ‘472 discloses wherein the susceptor portions may be formed as a coating on the support portion by chemical plating or vacuum evaporation ([0055]) such that the intermediate element discussed in Claim 24 is secured to an end of the first susceptor and secured to an end of the second susceptor.
In regard to Claim 40, White ‘472 discloses:
wherein the susceptor portions may be formed as a coating on the support portion by chemical plating or vacuum evaporation ([0055]) such that the intermediate element discussed in Claim 24 is secured to an end of the first susceptor and secured to an end of the second susceptor, and
wherein the support portion is formed from an electrically insulative material (The support portion may comprise a plastics material. [0054]) such that the intermediate element discussed in Claim 24 is formed from an electrically insulative material.
Claims 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over White ’01, Kaufman, and White ‘472 in view of Abi Aoun (US 20200037402 A1).
In regard to Claim 32, White ‘012 and Kaufman do not explicitly disclose an aerosol-generating device wherein the microcontroller is configured to utilize the clock frequency of the microcontroller as the alternating frequency of the first AC current or of the second AC current
Abi Aoun discloses an aerosol-generating device wherein the microcontroller is configured to utilize the clock frequency of the microcontroller as the alternating frequency of the first AC current or of the second AC current ("The controller 114 may comprise a clock generator (not shown) to determine the absolute frequency at which the RLC circuit 100 is to be driven." [0067]).
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 induction heating devices of White ‘012 and/or Kaufman to utilize the clock frequency of the microcontroller as the alternating frequency as taught by Abi Aoun because White ‘012, Kaufman, White ‘472, and Abi Aoun are all directed to induction heating devices, Abi Aoun teaches the use of the clock frequency of the microcontroller as the alternating frequency for the induction circuit, and this merely involves applying a known use of an induction heating device controller to a similar induction heating device to yield predictable results.
In regard to Claim 33, White ‘012 and Kaufman do not explicitly disclose an aerosol-generating device wherein the controller further comprises an oscillator.
However, Abi Aoun further discloses an aerosol-generating device wherein the controller further comprises an oscillator configured to generate one or both of the alternating frequency of the first AC current and of the second AC current ("in other examples the RLC resonance circuit 100 may be driven by any suitable driving element for providing an alternating current in the resonance circuit 100, such as an oscillator or the like" [0104]).
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 induction heating device of White ‘012 and/or Kaufman with an oscillator configured to generate an alternating frequency as taught by Abi Aoun because White ‘012, Kaufman, White ‘472, and Abi Aoun are all directed to induction heating devices, Abi Aoun teaches the use of a controller comprising an oscillator configured to generate the alternating frequency of the AC current, and this merely involves applying a known use of an induction heating device controller to a similar induction heating 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 9:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571)270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY A. BUCKMAN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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