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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 26, 2026 has been entered.
Status of the Claims
Claims 16-17, 19-28, and 31-32 are pending and are subject to this Office Action. Claims 1-15, 18, and 29-30 are cancelled. Claims 16 and 31 are amended. Claim 32 is new.
Response to Arguments
Applicant's arguments, see pgs 6-10, filed May 26, 2026, with respect to the rejection(s) of claims 16-17, 19-28, and 31 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: “a waveguide connected to the electromagnetic field generator for delivery of radio frequency electromagnetic radiation generated by the electromagnetic field generator to provide a radio frequency electromagnetic field in the article cavity,… wherein the article cavity is configured to prevent the waveguide from penetrating an aerosol-forming substrate inserted within the article cavity.” Therefore, the rejection has been withdrawn.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 16-17, 19, 22, and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Kolyris (WO 2017/178932 A1) in view of Kuhn (US 2022/0330396 A1), Guduru (US 2019/0356047 A1), and Hepworth (US 2018/0027882 A1).
Regarding Claim 16, Kolyris, directed to aerosol generating devices (pg 1, ln 29 – pg 2, ln 13; The shisha device generates an aerosol), teaches a shisha device for heating an aerosol-forming substrate to generate an aerosol (pg 8, ln 13-25, Fig. 1; Shisha device 100 comprises heating and consumable holder assembly 110 including heating elements for heating an aerosol generating substrate to generate an aerosol), the shisha device comprising:
a liquid cavity containing a volume of liquid through which aerosol generated by the shisha device is drawn before inhalation by a user (pg 8, ln 13 – pg 9, ln 2, Fig. 1; Fig. 3; Shisha device 100 comprises vessel 17 containing a volume of liquid 19 through which the aerosol generated by shisha device 100 is drawn before inhalation by a user),
the liquid cavity having a head space outlet (pg 8, ln 13-15, pg 12, ln 6-7, Fig. 1; Vessel 17 includes outlet 18 located in the head space of vessel 17);
an article cavity configured to receive the aerosol-forming substrate (pg 8, ln 13-25, pg 9, ln 6-27, Figs. 1-2, 5-6; Shisha device 100 comprises heating and consumable holder assembly 110. Assembly 110 comprises holder 1 which defines at least one receptacle 5 (article cavity) for receiving consumables 20 comprising an aerosol-generating substrate),
the article cavity being in fluid communication with the liquid cavity (pg 8, ln 13 – pg 9, ln 31, Figs. 1-2, 5-6; Air enters inlets 7 in the holder 1 of heating and consumable holder assembly 110 and flows through or across the consumables 20 within receptacles 5 (article cavity). The air flow carries the aerosolized constituents into the aerosol chamber 130, through the conduit 15, into the liquid 19 in vessel 17 (liquid cavity));
a heating element configured to heat the article cavity (pg 8, ln 13-21, pg 9, ln 20 – pg 10, ln 4, Figs. 1-2, 5-6; Shisha device 100 comprises heating and consumable holder assembly 110. Assembly 110 comprises heating and control unit 2 includes a heating element 4 configured to heat receptacle 5),
but does not teach the shisha device comprising i) a resonating cavity in fluidic interconnection with the article cavity; and an electromagnetic field generator configured to generate a radio frequency (RF) electromagnetic field in the resonating cavity, the electromagnetic field generator comprising a magnetron or a solid state RF transistor, ii) the shisha device comprising: a waveguide connected to the electromagnetic field generator for delivery of radio frequency electromagnetic radiation generated by the electromagnetic field generator to provide a radio frequency electromagnetic field in the article cavity, wherein the article cavity is configured to prevent the waveguide from penetrating an aerosol-forming substrate inserted within the article cavity, and iii) wherein the article cavity comprises one or more external walls formed from a material opaque to the RF electromagnetic field, and wherein one or more slots are formed in the one or more external walls, allowing the RF electromagnetic field to enter the article cavity from the resonating cavity.
With respect to i), Kuhn, directed to aerosol generating devices ([0001]) and radiofrequency heating ([0005]), teaches a device for heating an aerosol-forming substrate to generate an aerosol ([0005], [0045]-[0046], [0100]-[0102], [0116]-[0117], Fig. 1; Microwave heating unit 1 heats a sample 2 comprising sample material 102 to generate an aerosol. Sample 2 may be an aerosol-forming substrate), the device comprising:
an article cavity configured to receive the aerosol-forming substrate ([0100]-[0102], [0116], Fig. 1; Sample holding and exposing means 10 forms a cavity 16 configured to receive sample 2);
a resonating cavity in fluidic interconnection with the article cavity ([0006]-[0010], [0014], [0040], [0100]-[0104], [0116], Fig. 1; Impedance matching unit 30 is positioned between cavity 16 and microwave radiation generating and/or releasing unit 20. Impedance matching unit 30 reads on the resonating cavity because it matches the impedance of the microwave radiation field generated by microwave radiation generating and/or releasing unit 20 and the sample 2 (see instant specification, pg 9, ln 32-34). [0108]-[0113], Figs. 4-8A, 8B show a sample configuration of the sample holding and exposing means 10 and impedance matching unit 30. Sample holding and exposing means 10 is formed by first and second holding parts or holding portions 11 and 12 thereby defining a sample holder 13 for defining the holding and exposing space 15 by means of a cavity 16. Impedance matching unit 30 comprises slit structure 14 and dielectric 17. Based on Fig. 8A, the dielectric 17 of impedance matching unit 30 (resonating cavity) defines the exterior of cavity 16. It is reasonably understood that the impended matching unit 30 (resonating cavity) is in fluidic interconnection with the sample holding and exposing means 10 (article cavity) because the slits 14 allow air to flow between the two cavities); and
an electromagnetic field generator configured to generate a radio frequency (RF) electromagnetic field in the resonating cavity ([0005]-[0011], [0100]-[0106], Figs. 1-2; Microwave radiation generating and/or releasing unit 20 generates a microwave and/or RF radiation field which enters impedence matching unit 30 (resonating cavity) and sample holding and exposing means 10 (article cavity). Radiofrequency radiation is a form of electromagnetic radiation),
the electromagnetic field generator comprising a solid state RF transistor ([0021], [0025], [0106]-[0107], Figs. 1-2; Microwave radiation generating and/or releasing unit 20 comprises transistor amplifier 103. The microwave heating unit 1 has an operation frequency within a range of about 1 MHz to about 15 GHz. Applicant discloses that radio frequency (RF) means a frequency between about 3 hertz (Hz) and about 3 terahertz (THz), and that RF frequencies include microwave frequencies (see instant specification, pg 3, ln 10-12). Therefore, transistor amplifier 103 is a RF transistor. The microwave radiation unit may be a solid-state microwave source, and the microwave radiation unit may be the transistor amplifier. Therefore, it is reasonably understood that the RF transistor may be a solid state RF transistor).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the electromagnetic field generator taught by Kuhn to generate a radio frequency (RF) electromagnetic field in the article cavity taught by Kolyris because Kolyris and Kuhn are directed to aerosol generating devices, Kolyris states that the aerosol forming substrate in the article cavity is configured to be heated (Kolyris, (pg 8, ln 13-21, pg 9, ln 20 – pg 10, ln 4, Figs. 1-2, 5-6; Heating element 4 is configured to heat the aerosol generating article 20 in receptacle 5), Kuhn demonstrates that generating a radiofrequency electromagnetic field in an article cavity will heat an aerosol-forming substrate within the article cavity to generate an aerosol (Kuhn, [0005], [0101]-[0106], [0116], Fig. 1; Microwave radiation generating and/or releasing unit 20 generates a microwave and/or RF radiation field in cavity 16 to heat sample 2 to generate an aerosol), Kuhn demonstrates that the RF radiation field heats an aerosol forming substrate in a fast, reliable and uniform manner to thereby release an aerosol (Kuhn, [0012], [0116]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, it would have been obvious to one of ordinary skill in the art to provide the shisha device taught by Kolyris in view of Kuhn and Hepworth with a resonating cavity between the article cavity and the electromagnetic field generator, and in fluidic interconnection with the article cavity as taught by Kuhn because the resonating cavity matches the impedance of the microwave radiation field generated by the electromagnetic field generator and the article cavity, which improves the effectiveness and uniformity of the microwave heating process (Kuhn, [0006]-[0010], [0014], [0100]-[0104]).
With respect to ii), Guduru, directed to aerosol generating devices ([0002]-[0003]) and radiofrequency heating ([0002]), teaches a device for heating an aerosol-forming substrate to generate an aerosol ([0026]-[0030], Figs. 1 and 3; EVD 500 (device) comprises an atomizer assembly 30 comprising an electromagnetic or radio-frequency (RF) heating medium for heating an aerosolizing a vaporizable substance (aerosol forming substrate)), the device comprising:
an article cavity configured to receive the aerosol-forming substrate ([0030], Fig. 3; Wicking material 4 defines cavities (article cavity) configured to receive a vaporizable substance (aerosol forming substrate));
a resonating cavity in fluidic interconnection with the article cavity ([0030], Fig. 3; Resonating cavity atomizer 3 surrounds and contains wicking material 4 such that the resonating cavity atomizer 3 is in fluidic connection with the article cavities); and
an electromagnetic field generator configured to generate a radio frequency (RF) electromagnetic field in the resonating cavity ([0030]-[0031], Fig. 3; Atomizer assembly 30 comprises control unit 7. Control unit 7 (electromagnetic field generator) comprises an RF signal generator circuit 12 and a power amplifier 11. RF signal generator circuit 12 may then be coupled with the power amplifier 11 that can amplify the RF signal produced by the RF signal generator circuit 12. The amplified RF signal is then transmitted to the resonating cavity atomizer 3 through a waveguide 1; and [0032], Such a resonating cavity atomizer 3 may create a standing wave, establishing an indefinite oscillation, to generate an operating temperature substantially instantaneously. The standing wave is evidence of a radio frequency (RF) electromagnetic field in the resonating cavity),
a waveguide connected to the electromagnetic field generator for delivery of radio frequency electromagnetic radiation generated by the electromagnetic field generator to provide a radio frequency electromagnetic field in the article cavity ([0030]-[0032], Fig. 3; Waveguide 1 is connected to control unit 7 (electromagnetic field generator) for delivery of radio frequency electromagnetic radiation generated by control unit 7 to provide a radio frequency electromagnetic field in the article cavities of wicking material 4),
wherein the article cavity is configured to prevent the waveguide from penetrating an aerosol-forming substrate inserted within the article cavity ([0033], Fig. 3; The vaporizable substance may be prevented from entering the waveguide 1 and reaching the electronics in the control unit 7 by a liquid-tight material 5 positioned in an end of the waveguide 1 near the resonating cavity atomizer 3. The liquid-tight material 5 may be translucent to the RF signal at its operating frequency. Fig. 3 shows that waveguide 1 does not penetrating an aerosol-forming substrate inserted within the article cavity).
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 shisha device comprising: a waveguide connected to the electromagnetic field generator for delivery of radio frequency electromagnetic radiation generated by the electromagnetic field generator to provide a radio frequency electromagnetic field in the article cavity, wherein the article cavity is configured to prevent the waveguide from penetrating an aerosol-forming substrate inserted within the article cavity as taught by Guduru because Kolyris, Kuhn, and Guduru are directed to aerosol generating devices, Kuhn and Guduru are directed to radiofrequency heating, Guduru demonstrates that a waveguide is capable of delivering radio frequency electromagnetic radiation generated by an electromagnetic field generator to an article cavity (Guduru, [0030]-[0032]), Guduru demonstrates that preventing the waveguide from penetrating an aerosol-forming substrate inserted within the article cavity is a suitable configuration for radiofrequency heating of an aerosol-forming substrate (Guduru, [0030]-[0033]), and this involves combining prior art elements according to known methods to yield predictable results.
With respect to iii), Hepworth, directed to aerosol generating devices ([0005]), teaches a device for generating an aerosol ([0005], [0065]-[0070], Fig. 1; Apparatus 1 heats liquid 118 to produce an aerosol. The generated aerosol flows through the material elements 124, 126, 128 to entrain one or more constituents of the material elements 124, 126, 128 in the aerosol stream) comprising:
an article cavity configured to receive an aerosol-forming substrate ([0067]-[0068], Fig. 1; Receiving portion 150 comprising a receptacle 114 for receiving solid material elements 124, 126, 128 which may be tobacco. Tobacco is an aerosol-forming substrate (see instant claim 25)),
wherein the article cavity comprises one or more external walls formed from a material opaque to the RF electromagnetic field ([0069], Fig. 1; Receptacle 114 comprises first retainer 122 and second retainer 112 to retain the plurality of material elements 124, 126, 128 within receptacle 114. Retainers 112, 122 may be made from a metal mesh, and are integral to receptacle 114. Metal mesh is a material opaque to an RF electromagnetic field (see instant claim 30)), and
wherein one or more slots are formed in the one or more external walls ([0069], Fig. 1; Retainers 112, 122 may be made from a metal mesh to allow for an aerosol to pass thorough receptacle 114. It is reasonably understood that the mesh comprises one or more openings (slots)).
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 article cavity taught by Kolyris in view of Kuhn comprising one or more external walls formed from a material opaque to the RF electromagnetic field, wherein one or more slots are formed in the one or more external walls as taught by Hepworth because Kolyris, Kuhn, and Hepworth are directed to aerosol generating devices, Hepworth demonstrates that external walls prevent the aerosol forming substrate from exiting the article cavity, while allowing for the passage of an aerosol (Hepworth, [0069], Fig. 1; Retainer 112, 122 prevent material elements 124, 126, 128 from exiting receptacle 114, while allowing for the passage of an aerosol), and this involves combining prior art elements according to known methods to yield predictable results. Furthermore, because the RF electromagnetic field is configured to enter the article cavity from the resonating cavity (Kuhn, [0005]-[0011], [0100]-[0106], Figs. 1-2), the slots would necessarily allow the RF electromagnetic field to enter the article cavity from the resonating cavity.
Regarding Claim 17, Kolyris in view of Kuhn, Guduru, and Hepworth teaches the shisha device according to claim 16. Kuhn further teaches the shisha device wherein the electromagnetic field generator comprises the solid state RF transistor ([0021], [0025], [0106]-[0107], Figs. 1-2; Microwave radiation generating and/or releasing unit 20 comprises transistor amplifier 103. The microwave heating unit 1 has an operation frequency within a range of about 1 MHz to about 15 GHz. Applicant discloses that radio frequency (RF) means a frequency between about 3 hertz (Hz) and about 3 terahertz (THz), and that RF frequencies include microwave frequencies (see instant specification, pg 3, ln 10-12). Therefore, transistor amplifier 103 is a RF transistor. The microwave radiation unit may be a solid-state microwave source, and the microwave radiation unit may be the transistor amplifier. Therefore, it is reasonably understood that the RF transistor is a solid state RF transistor), and
wherein the solid state RF transistor is configured to generate and to amplify the RF electromagnetic field ([0021], [0023], [0025]; The microwave radiation unit may be a solid-state microwave source, and the microwave radiation unit may be the transistor amplifier. The microwave radiation source is capable of generating and/or releasing said underlying microwave radiation field. It is reasonably understood that the transistor amplifier amplifies the microwave (RF) field).
Regarding Claim 19, Kolyris in view of Kuhn, Guduru, and Hepworth teaches the shisha device according to claim 16. Kolyris further teaches the shisha device wherein the article cavity comprises an open end configured to receive an aerosol-forming article comprising the aerosol-forming substrate (pg, 5, ln 28 – pg 6, ln 4, pg 9, 22 – pg 10, ln 5, Fig. 5-6; The receptacle 5 (article cavity) comprises an open top end. If heating element 4 penetrates into the aerosol-generating substrate, it is reasonably understood that the consumable 20 comprising an aerosol generating substrate is received through the open top end. The aerosol generating substrate may be provided on or embedded in a thermally stable carrier to form an aerosol generating article), and
a substantially closed end (pg 9, 22 – pg 10, ln 5, Fig. 5-6; The receptacle 5 (article cavity) comprises a bottom end which is substantially closed by heating element base 6).
Regarding Claim 22, Kolyris in view of Kuhn, Guduru, and Hepworth teaches the shisha device according to claim 16. Kuhn further teaches the device wherein the resonating cavity is disposed between the article cavity and the electromagnetic field generator ([0006]-[0010], [0014], [0040], [0100]-[0104], [0116], Fig. 1; Impedance matching unit 30 is positioned between cavity 16 and microwave radiation generating and/or releasing unit 20. Impedance matching unit 30 reads on the resonating cavity because it matches the impedance of the microwave radiation field generated by microwave radiation generating and/or releasing unit 20 and the sample 2 (see instant specification, pg 9, ln 32-34)).
Regarding Claim 24, Kolyris in view of Kuhn, Guduru, and Hepworth teaches the shisha device according to claim 16. Kolyris further teaches a shisha system (pg 1, ln 29 – pg 2, ln 13, pg 4, ln 15-25, pg, 5, ln 28 – pg 6, ln 4; The shisha device receives an aerosol generating substrate. The aerosol generating substrate may be provided on or embedded in a thermally stable carrier to form an aerosol generating article. The aerosol generating article and the shisha device form a shisha system), comprising:
a shisha device according to claim 16 (pg 8, ln 13-25, Fig. 1; Shisha device 100 taught by Kolyris has been modified in view of Kuhn to meet the limitations of claim 16); and
an aerosol-generating article comprising an aerosol-forming substrate (pg, 5, ln 28 – pg 6, ln 4; The aerosol generating substrate may be provided on or embedded in a thermally stable carrier to form an aerosol generating article).
Regarding Claim 25, Kolyris in view of Kuhn, Guduru, and Hepworth teaches the shisha system according to claim 24. Kolyris further teaches the shisha system wherein the aerosol-forming substrate comprises tobacco (pg 4, ln 23-25).
Regarding Claim 26, Kolyris in view of Kuhn, Guduru, and Hepworth teaches the shisha system according to claim 24. Kolyris further teaches the shisha system wherein the aerosol-generating article comprises one or more external surfaces formed from a material opaque to the RF electromagnetic field (pg, 5, ln 28 – pg 6, ln 4; The aerosol generating substrate may be provided on or embedded in a thermally stable carrier to form an aerosol generating article. The thermally stable carrier may be a metal mesh. Metal mesh is a material opaque to an RF electromagnetic field (see instant claim 30)).
Regarding Claim 27, Kolyris in view of Kuhn, Guduru, and Hepworth teaches the shisha system according to claim 26. Kolyris further teaches the shisha system wherein one or more slots are formed in the one or more external surfaces formed from the material opaque to the RF electromagnetic field (pg, 5, ln 28 – pg 6, ln 4; It is reasonably understood that a mesh material comprises openings/slots form in its surface).
Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kolyris (WO 2017/178932 A1) in view of Kuhn (US 2022/0330396 A1), Guduru (US 2019/0356047 A1), and Hepworth (US 2018/0027882 A1) as applied to claim 16, and further in view of Swiergon (US 2018/0343713 A1).
Regarding Claim 20, Kolyris in view of Kuhn, Guduru, and Hepworth does not teach the shisha device further comprising an antenna connected to the electromagnetic field generator and being configured to direct the RF electromagnetic field.
Swiergon, directed to radiofrequency heating ([0001]-[0002], Applicant discloses that RF frequencies include microwave frequencies (see instant specification, pg 3, ln 10-12). Therefore, the microwave heating apparatus is a radiofrequency heating apparatus), teaches a radiofrequency heating apparatus ([0001]-[0002], [0052]-[0054], Figs. 1-2; Microwave heating apparatus 10) comprising:
an article cavity configured to receive an article ([0052]-[0054], Figs. 1-2; Microwave heating apparatus 10 comprises heating chamber 12 configured to receive an article); and
an electromagnetic field generator configured to generate a radio frequency (RF) electromagnetic field in the article cavity, the electromagnetic field generator comprising a magnetron ([0052]-[0054], [0061], Figs. 1-2; Microwave heating apparatus 10 includes microwave source 30 comprising magnetron 32, which generates a microwave (RF) electromagnetic field in heating chamber 12); and
an antenna connected to the electromagnetic field generator and being configured to direct the RF electromagnetic field ([0061]-[0064], Fig. 2; Antenna 22 is connected to magnetron 32 and is configured to direct the RF electromagnetic field),
wherein the antenna is positioned at least partially in the article cavity ([0061]-[0064], Fig. 2; Antenna 22 is positioned within heating chamber 12).
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 shisha device taught by Kolyris in view of Kuhn, Guduru, and Hepworth with an antenna connected to the electromagnetic field generator and being configured to direct the RF electromagnetic field, wherein the antenna is positioned at least partially in the article cavity as taught by Swiergon because Kuhn and Swiergon are directed to radiofrequency heating devices, the inclusion of an antenna in the article cavity advantageously improves the uniformity and intensity of generated microwaves (radiofrequency waves) in the article cavity (Swiergon, [0064]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 21, Kolyris in view of Kuhn, Guduru, Hepworth, and Swiergon teaches the shisha device according to claim 20. Swiergon further teaches the shisha device wherein the antenna is positioned at least partially in the article cavity ([0061]-[0064], Fig. 2; Antenna 22 is positioned within heating chamber 12).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Kolyris (WO 2017/178932 A1) in view of Kuhn (US 2022/0330396 A1), Guduru (US 2019/0356047 A1), and Hepworth (US 2018/0027882 A1), as applied to claim 16, and further in view of Sparklin (US 2018/0271150 A1).
Regarding Claim 23, Kolyris in view of Kuhn, Guduru, and Hepworth does not teach the shisha device further comprising a sensor in or adjacent to the article cavity, the sensor providing a signal indicative of a temperature in the article, and a controller connected to receive the signal from the sensor and connected to control heating elements in dependence on the signal from the sensor and connected to control the electromagnetic field generator in dependence on the signal from the sensor.
Sparklin, directed to aerosol generating devices ([0001], [0020]), teaches a device for heating an aerosol-forming substrate to generate an aerosol ([0016], [0021]-[0024], Fig. 1; Aerosol delivery device 100 heats an aerosol precursor composition 108 to generate an aerosol), the device comprising:
an article cavity configured to receive the aerosol-forming substrate ([0021]-[0022], Figs. 1 and 2a; Heating chamber 106 is configured to receive an aerosol precursor composition 108); and
an electromagnetic field generator configured to generate a radio frequency (RF) electromagnetic field in the article cavity ([0021]-[0023], Figs. 1 and 2a; Microwave radiation emitting device 110 is configured to generate a microwave electromagnetic field in the heating chamber 106. Applicant discloses that radio frequency (RF) means a frequency between about 3 hertz (Hz) and about 3 terahertz (THz), and that RF frequencies include microwave frequencies (see instant specification, pg 3, ln 10-12)),
the electromagnetic field generator comprising a magnetron or a solid state RF transistor ([0021]-[0023], Figs. 1 and 2a; Microwave radiation emitting device 110 includes a magnetron),
further comprising a sensor in or adjacent to the article cavity ([0042], Figs. 1 and 2a; Sensing element 134 is positioned in heating chamber 106),
the sensor providing a signal indicative of a temperature in the article cavity ([0042]-[0043], Figs. 1 and 2a; Sensing element 134 provides a signal indicative of a temperature in heating chamber 106 to controller element 132), and
a controller connected to receive the signal from the sensor ([0042]-[0043], Figs. 1 and 2a; Sensing element 134 provides a signal indicative of a temperature in heating chamber 106 to controller element 132)
and connected to control the electromagnetic field generator in dependence on the signal from the sensor ([0042]-[0043], Figs. 1 and 2a; Controller element 132 is connected to control microwave radiation emitting device 110 and the emitted microwave radiation 112 in dependence on the signal from sensing element 134).
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 shisha device taught by Kolyris in view of Kuhn, Guduru, and Hepworth with the sensor and controller in the configuration taught by Sparklin because Kolyris, Kuhn, Guduru, Hepworth, and Sparklin are directed to aerosol generating devices, Sparklin demonstrates that the controller taken in conjunction with the sensor is configured to prevent superheating, underheating, etc., of the aerosol-forming substrate (Sparklin, [0043]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Kolyris (WO 2017/178932 A1) in view of Kuhn (US 2022/0330396 A1), Guduru (US 2019/0356047 A1), and Hepworth (US 2018/0027882 A1) as applied to claim 26, and further in view of Kim (US 2021/0307379 A1).
Regarding Claim 28, Kolyris in view of Kuhn, Guduru, and Hepworth does not teach the shisha system wherein the material opaque to the RF electromagnetic field forms a coating on the one or more external surfaces.
Kim, directed to aerosol generating devices, teaches an aerosol generating system ([0001], [0027]-[0028], Fig. 1; Aerosol generator 10 and cigarette 200 for an aerosol generating system) comprising:
a device for heating an aerosol-forming substrate to generate an aerosol ([0001], [0027]-[0028], [0030], [0036], Fig. 1; Aerosol generator 10 heats the aerosol generating material in cigarette 200 to generate an aerosol); and
an aerosol-generating article comprising an aerosol-forming substrate ([0028], [0032], [0066], [0070], Figs. 1 and 4; Cigarette 200 comprises tobacco rod 210, which is an aerosol generating substrate)
wherein the aerosol-generating article comprises one or more external surfaces formed from a material opaque to an RF electromagnetic field ([0066], [0074], Fig. 4; Tobacco rod wrapper 240c is wrapped around the tobacco rod 210 and may be coated with a thermal conductivity enhancement material. The thermal conductivity enhancement material may be silver or aluminum, which are materials opaque to an RF electromagnetic field (see instant specification, pg 6, ln 18-21)),
and wherein the material opaque to the RF electromagnetic field forms a coating on the one or more external surfaces ([0066], [0074], Fig. 4; The thermal conductivity enhancement material forms a coating on the external surfaces of tobacco rod wrapper 240c).
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 material opaque to the RF electromagnetic field as a coating on the one or more external surfaces as taught by Kim because Kolyris, Kuhn, Guduru, Hepworth, and Kim are directed to aerosol generating devices, Kim demonstrates that coating the external surface of aerosol generating article with a material opaque to the RF electromagnetic field prompts an efficient transfer of the thermal energy to the aerosol generating substrate (Kim, [0077]), and this involves substituting one external surface configuration for another to yield predictable results for another to yield predictable results.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Kuhn (US 2022/0330396 A1), Guduru (US 2019/0356047 A1), in view of Hepworth (US 2018/0027882 A1).
Regarding Claim 31, Kuhn, directed to aerosol generating devices ([0001]), teaches a heating device configured to heat an aerosol-forming substrate to generate an aerosol ([0005], [0045]-[0046], [0100]-[0102], [0116]-[0117], Fig. 1; Microwave heating unit 1 heats a sample 2 comprising sample material 102 to generate an aerosol. Sample 2 may be an aerosol-forming substrate), the heating device comprising:
an article cavity configured to receive the aerosol-forming substrate ([0100]-[0102], [0116], Fig. 1; Sample holding and exposing means 10 forms a cavity 16 configured to receive sample 2);
a resonating cavity in fluidic interconnection with the article cavity ([0006]-[0010], [0014], [0040], [0100]-[0104], [0116], Fig. 1; Impedance matching unit 30 is positioned between cavity 16 and microwave radiation generating and/or releasing unit 20. Impedance matching unit 30 reads on the resonating cavity because it matches the impedance of the microwave radiation field generated by microwave radiation generating and/or releasing unit 20 and the sample 2 (see instant specification, pg 9, ln 32-34). [0108]-[0113], Figs. 4-8A, 8B show a sample configuration of the sample holding and exposing means 10 and impedance matching unit 30. Sample holding and exposing means 10 is formed by first and second holding parts or holding portions 11 and 12 thereby defining a sample holder 13 for defining the holding and exposing space 15 by means of a cavity 16. Impedance matching unit 30 comprises slit structure 14 and dielectric 17. Based on Fig. 8A, the dielectric 17 of impedance matching unit 30 (resonating cavity) defines the exterior of cavity 16. It is reasonably understood that the impended matching unit 30 (resonating cavity) is in fluidic interconnection with the sample holding and exposing means 10 (article cavity) because the slits 14 allow air to flow between the two cavities); and
an electromagnetic field generator configured to generate a radio frequency (RF) electromagnetic field in the resonating cavity ([0005]-[0011], [0100]-[0106], Figs. 1-2; Microwave radiation generating and/or releasing unit 20 generates a microwave and/or RF radiation field which enters impedence matching unit 30 (resonating cavity) and sample holding and exposing means 10 (article cavity). Radiofrequency radiation is a form of electromagnetic radiation),
the electromagnetic field generator comprising a solid state RF transistor ([0021], [0025], [0106]-[0107], Figs. 1-2; Microwave radiation generating and/or releasing unit 20 comprises transistor amplifier 103. The microwave heating unit 1 has an operation frequency within a range of about 1 MHz to about 15 GHz. Applicant discloses that radio frequency (RF) means a frequency between about 3 hertz (Hz) and about 3 terahertz (THz), and that RF frequencies include microwave frequencies (see instant specification, pg 3, ln 10-12). Therefore, transistor amplifier 103 is a RF transistor. The microwave radiation unit may be a solid-state microwave source, and the microwave radiation unit may be the transistor amplifier. Therefore, it is reasonably understood that the RF transistor may be a solid state RF transistor),
but does not teach the heating device i) comprising: a waveguide connected to the electromagnetic field generator for delivery of radio frequency electromagnetic radiation generated by the electromagnetic field generator to provide a radio frequency electromagnetic field in the article cavity, wherein the article cavity is configured to prevent the waveguide from penetrating an aerosol-forming substrate inserted within the article cavity, and ii) wherein the article cavity comprises one or more external walls having one or more slots therein, allowing the RF electromagnetic field to enter the article cavity from the resonating cavity, configured to have electromagnetic transmittivity between the article cavity and the resonating cavity and being in fluidic interconnection with the resonating cavity.
With respect to i), Guduru, directed to aerosol generating devices ([0002]-[0003]), teaches a device for heating an aerosol-forming substrate to generate an aerosol ([0026]-[0030], Figs. 1 and 3; EVD 500 (device) comprises an atomizer assembly 30 comprising an electromagnetic or radio-frequency (RF) heating medium for heating an aerosolizing a vaporizable substance (aerosol forming substrate)), the device comprising:
an article cavity configured to receive the aerosol-forming substrate ([0030], Fig. 3; Wicking material 4 defines cavities (article cavity) configured to receive a vaporizable substance (aerosol forming substrate));
a resonating cavity in fluidic interconnection with the article cavity ([0030], Fig. 3; Resonating cavity atomizer 3 surrounds and contains wicking material 4 such that the resonating cavity atomizer 3 is in fluidic connection with the article cavities); and
an electromagnetic field generator configured to generate a radio frequency (RF) electromagnetic field in the resonating cavity ([0030]-[0031], Fig. 3; Atomizer assembly 30 comprises control unit 7. Control unit 7 (electromagnetic field generator) comprises an RF signal generator circuit 12 and a power amplifier 11. RF signal generator circuit 12 may then be coupled with the power amplifier 11 that can amplify the RF signal produced by the RF signal generator circuit 12. The amplified RF signal is then transmitted to the resonating cavity atomizer 3 through a waveguide 1; and [0032], Such a resonating cavity atomizer 3 may create a standing wave, establishing an indefinite oscillation, to generate an operating temperature substantially instantaneously. The standing wave is evidence of a radio frequency (RF) electromagnetic field in the resonating cavity),
a waveguide connected to the electromagnetic field generator for delivery of radio frequency electromagnetic radiation generated by the electromagnetic field generator to provide a radio frequency electromagnetic field in the article cavity ([0030]-[0032], Fig. 3; Waveguide 1 is connected to control unit 7 (electromagnetic field generator) for delivery of radio frequency electromagnetic radiation generated by control unit 7 to provide a radio frequency electromagnetic field in the article cavities of wicking material 4),
wherein the article cavity is configured to prevent the waveguide from penetrating an aerosol-forming substrate inserted within the article cavity ([0033], Fig. 3; The vaporizable substance may be prevented from entering the waveguide 1 and reaching the electronics in the control unit 7 by a liquid-tight material 5 positioned in an end of the waveguide 1 near the resonating cavity atomizer 3. The liquid-tight material 5 may be translucent to the RF signal at its operating frequency. Fig. 3 shows that waveguide 1 does not penetrating an aerosol-forming substrate inserted within the article cavity).
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 heating device comprising: a waveguide connected to the electromagnetic field generator for delivery of radio frequency electromagnetic radiation generated by the electromagnetic field generator to provide a radio frequency electromagnetic field in the article cavity, wherein the article cavity is configured to prevent the waveguide from penetrating an aerosol-forming substrate inserted within the article cavity as taught by Guduru because Kuhn and Guduru are directed to aerosol generating devices, Guduru demonstrates that a waveguide is capable of delivering radio frequency electromagnetic radiation generated by an electromagnetic field generator to an article cavity (Guduru, [0030]-[0032]), Guduru demonstrates that preventing the waveguide from penetrating an aerosol-forming substrate inserted within the article cavity is a suitable configuration for radiofrequency heating of an aerosol-forming substrate (Guduru, [0030]-[0033]), and this involves combining prior art elements according to known methods to yield predictable results.
With respect to ii), Hepworth, directed to aerosol generating devices ([0005]), teaches a device for generating an aerosol ([0005], [0065]-[0070], Fig. 1; Apparatus 1 heats liquid 118 to produce an aerosol. The generated aerosol flows through the material elements 124, 126, 128 to entrain one or more constituents of the material elements 124, 126, 128 in the aerosol stream) comprising:
an article cavity configured to receive an aerosol-forming substrate ([0067]-[0068], Fig. 1; Receiving portion 150 comprising a receptacle 114 for receiving solid material elements 124, 126, 128 which may be tobacco. Tobacco is an aerosol-forming substrate (see instant claim 25)),
wherein the article cavity comprises one or more external walls having one or more slots are therein ([0069], Fig. 1; Receptacle 114 comprises first retainer 122 and second retainer 112 to retain the plurality of material elements 124, 126, 128 within receptacle 114. Retainers 112, 122 may be made from a metal mesh, and are integral to receptacle 114. It is reasonably understood that the mesh comprises one or more openings (slots)).
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 article cavity of the shisha device taught Kuhn comprising one or more external walls having one or more slots therein as taught by Hepworth because Kuhn and Hepworth are directed to aerosol generating devices, Hepworth demonstrates that external walls prevent the aerosol forming substrate from exiting the article cavity, while allowing for the passage of an aerosol (Hepworth, [0069], Fig. 1; Retainer 112, 122 prevent material elements 124, 126, 128 from exiting receptacle 114, while allowing for the passage of an aerosol), and this involves combining prior art elements according to known methods to yield predictable results. Because the RF electromagnetic field is configured to enter the article cavity from the resonating cavity (Kuhn, [0005]-[0011], [0100]-[0106], Figs. 1-2), the slots would necessarily allow the RF electromagnetic field to enter the article cavity from the resonating cavity. Furthermore, if the article cavity comprises one or more external walls having one or more slots therein, and the resonating cavity is in fluidic interconnection with the article cavity as claimed, it is reasonably understood that an external wall having one or more slots therein would retain the fluid interconnection between the resonating cavity and the article cavity.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Kolyris (WO 2017/178932 A1) in view of Kuhn (US 2022/0330396 A1), Guduru (US 2019/0356047 A1), and Hepworth (US 2018/0027882 A1) as applied to Claim 16, and further in view of Ball (US 2018/0263279 A1).
Regarding Claim 32, Kolyris in view of Kuhn, Guduru, and Hepworth does not teach the shisha device wherein the shisha device defines an air flow path from an air inlet to an aerosol outlet, and wherein the air flow path comprises a labyrinthine portion extending past one or more radiation-shielding elements configured to inhibit escape of radio frequency electromagnetic radiation while permitting airflow.
Ball, directed to aerosol generating devices ([0002]-[0004], Smokable matter is combusted to generate an aerosol (particulates entrained in air)), teaches an aerosol generating device defining an air flow path from an air inlet to an aerosol outlet ([0039]-[0044], Fig. 1-6; Pipe 2 (aerosol generating device) defines an airflow path from a top orifice 19 (air inlet) of bowl housing 18, through smoke passage 12, to a mouthpiece orifice 29 (aerosol outlet) of mouthpiece 30),
wherein the air flow path comprises a labyrinthine portion extending past one or more radiation-shielding elements configured to inhibit escape of radio frequency electromagnetic radiation while permitting airflow ([0039]-[0044], Fig. 5-6; Pipe 2 (aerosol generating device) comprises a pipe body 4 and a top plate 6 which cooperate to form the smoke passage 12. There is a series of top plate internal fins 26 that extend normally from the bottom face of the top plate 6. This series of fins has a staggered configuration such that each fin is offset laterally from the longitudinal axis of the pipe 2 with respect to all of their adjacent fins. This creates a labyrinthine path for the flow of smoke in the bore 16; and [0041], the pipe body 4 and top plate 6 will be machined from billet aluminum; and [0046], the internal fins 26, and the external fins 16 on the top plate 6 are formed on the opposite sides of the same high heat transfer coefficient material; The fins 26 are formed from aluminum which is a radiation shielding material capable of inhibiting escape of radio frequency electromagnetic radiation; see instant specification, pg 6, ln 18-21. The labyrinthine portion of the airflow path extends past the fins 26 while permitting airflow from top orifice 19 (air inlet) to mouthpiece orifice 29 (aerosol outlet)).
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 shisha device wherein the shisha device defines an air flow path from an air inlet to an aerosol outlet, and wherein the air flow path comprises a labyrinthine portion extending past one or more radiation-shielding elements configured to inhibit escape of radio frequency electromagnetic radiation while permitting airflow as taught by Ball because Kolyris and Ball are directed to aerosol generating devices, Ball demonstrates that an air flow path comprising a labyrinthine portion extending past one or more radiation-shielding elements facilitates heat transfer from the aerosol to the radiation-shielding elements to cool the aerosol before it reaches the mouth of the user (Ball, [0044]), and this involves combining prior art elements according to known methods to yield predictable results.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee (US 2022/0132927 A1) teaches a device for heating an aerosol-forming substrate to generate an aerosol, the device comprising: an article cavity configured to receive the aerosol-forming substrate; and an electromagnetic field generator configured to generate a radio frequency (RF) electromagnetic field in the article cavity, the electromagnetic field generator comprising a magnetron.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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