DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
This office action is in response to Applicant’s amendment filed 4/21/2026.
Claims 1, 9, and 22 are amended.
Claims 8 and 20 are cancelled.
Claims 1-7, 9-19, and 21-22 are pending.
The Examiner withdraws the objection to claims 1, 9, and 22 for minor informalities due to Applicant’s amendment filed 4/21/2026.
Response to Arguments
Applicant's arguments filed 4/21/2026 have been fully considered but they are not persuasive.
Applicant argues that the puff-based system of Campbell, in which heating is triggered by a user drawings on the device, is conceptually different from the device of Nelson, where heat is provided over long periods of time (p. 10).
The Examiner finds Applicant’s argument unpersuasive. First, the Examiner notes Nelson does not teach that the heat is provided over long periods of time, as Applicant states. Specifically, Nelson teaches that a user holds a heater button (124) for a time sufficient to heat up the heating element and the constituent to a temperature sufficient to volatize or vaporize the constituent ([0086]) and applies suction at the mouthpiece by inhaling slightly ([0087]). In operation, while Nelson may be operated over long periods of time (e.g., a user simply depresses the heater button 124 for a long period of time), Nelson may also be operated similar to Campbell’s puff-based system (e.g., a user depresses the heater button 124 only during a puff). Second, the Examiner notes that Nelson may be operated according to a puff-based system. Specifically, Nelson teaches that each volatization operation may correspond to an inhalation of fluid ([0056]). Because Nelson suggests operating the button according to an inhalation/puff-based system, the Examiner contends that the teachings of Nelson are applicable to Campbell.
Applicant argues that Nelson would not motivate one of skill in the art to modify a puff-based device such as Campbell to include an alerting unit to alert a user that smokable material has been heated to a predetermined volatilizing temperature. Specifically, Applicant argues that Nelson does not disclose that a “temperature sensor communicates with an alarm or an indicator light configured to alert a user that the smokable material has been heated to the predetermined volatilizing temperature” at all (p. 10-11).
The Examiner respectfully disagrees. Specifically, Nelson teaches that a temperature sensor ([0059]) proximate the heating element may be used to provide a signal to the controller including data regarding the heating chamber or the volatized fluid ([0060]), and when the heating chamber achieves the predetermined temperature, the controller, based on the signal provided by a sensor may cause the energy to cease flowing to the heating element ([0084]), or when the temperature within the heating chamber falls below the predetermined temperature, the controller may cause energy to flow to the heating element ([0084]), and wherein the indicator light may illuminate and/or a temperature may be displayed on the display while the heater button is depressed ([0085]). The combination of these paragraphs show that Nelson teaches a temperature sensor that provides signal to the controller including data regarding the volatized fluid, and that the controller indicates such a temperature on the display.
Applicant argues that Holz does not disclose or suggest that such fluids are heated to a predetermined volatilizing temperature at all and cannot suggest “automatically ceasing to generate a magnetic field when the temperature detects that the smokable material has been heated to the predetermined volatilizing temperature” (p. 11).
The Examiner finds Applicant’s argument unpersuasive. Specifically, the Examiner contends that the combination of Nelson and Holz are relied upon to teach such an aspect. Specifically, Nelson teaches that the controller prevents energy from being transferred to the heating element when the heating chamber reaches a predetermined temperature ([0085]). In other words, Nelson teaches an automatic ceasing of heating. When this teaching is applied to the context of inductive heaters, like that of Holz (col. 3, ll. 56-60; teaching that a sensor automatically causes the oscillator transistor to turn off in the case where the temperature of the fluid reaches the desired level), the combination of Nelson and Holz would suggest automatic ceasing of the magnetic field generator based on the predetermined temperature.
Applicant argues that Claim 22 specifically requires that the temperature sensor detects when the heating material (the material which itself is heated by the presence of the magnetic field) reaches a predetermined volatilizing temperature, but that Nelson is not an inductive system and does not disclose or suggest the heating material configured to be heated by a presence of a varying magnetic field (p. 13). The Applicant further argues that Holz only describes performing control on the basis of a temperature of a liquid (p. 13).
The Examiner respectfully disagrees. While the Examiner agrees that Nelson does not teach a heating material configured to be heated by the presence of a varying magnetic field, the Examiner respectfully contends that the combination of Campbell and Nelson teaches such an aspect. Holz is not relied upon to teach such an aspect. Specifically, Nelson teaches that the sensor includes a temperature sensor ([0059]) that provides the controller with the data regarding the parameter of the heating element ([0060]). When the teachings of Nelson are applied to Campbell, one of ordinary skill in the art would understand that Campbell’s susceptor (300, col. 9, l. 21), equating to the claimed “heating material” in claim 22 and the heating element in the context of Nelson, has been modified with the temperature sensor detecting the parameter of the heating element (Nelson; [0060]).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
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 factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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 1, 5, 9, 13-19, and 21-22 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Campbell et al. (US 5613505; of record) in view of Nelson (US 2007/0045288; of record) and Holz (US 4110588; of record).
Regarding claims 1 and 9, Campbell discloses inductive heating systems for smoking articles (title; “apparatus configured to volatilize components of smokable material for inhalation”) comprising:
a paper overwrap (310; Fig. 8, 10A, 10C; “housing”) which is a cigarette paper overwrapped about a tobacco-laden tubular carrier (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2; the space defined by the cylindrical paper overwrap defines the “smokable material heating chamber”); and
a susceptor (“heating material”) comprising a discrete cylindrical susceptor layer (300; col. 9, l. 21) an integral layer (400), or susceptor material (SM), which is heated by an induction source producing an alternating electromagnetic field (“heated by a presence of a varying magnetic field”) which in turn heats tobacco flavor medium (col. 3, ll. 45-49; “transfer heat energy to smokable material”), the tobacco flavor medium (TM; “smokable material”) is located within the paper overwrap (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2, describing the paper overwrap wraps about the tobacco) to generate flavors and aerosols (col. 8, l. 47; “volatilize the components”) at a temperature necessary to produce aerosol delivery within the smoking device when exposed to an alternative magnetic field (col. 13, ll. 15-20; “predetermined volatilizing temperature”);
wherein the susceptor comprises the discrete susceptor layer (300), integral layer (400), or susceptor material (SM) (each considered “comprised in a heating member”), the heating member is elongate (see Figs. 8, 10A, 10C; it has a length), wherein the tobacco flavor medium has the form of a cylindrical layer of tobacco (col. 9, ll. 19-21; see also Fig. 8), and the paper overwrap is wrapped around the cylindrical layer of tobacco material and susceptor (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2; “co-axially around the heating member” wherein the coaxial axis is the longitudinal axis of the cylindrical layer of tobacco);
wherein the paper overwrap, the susceptor, and the tobacco flavor medium form a cigarette (C; see col. 8, ll. 64-67); and
an induction source (“varying magnetic field generator”) that produces the alternating electromagnetic field which induces the heat generating eddy current in the susceptor to heat the tobacco flavor medium located in thermal proximity (col. 3, ll. 44-50; see also Figs. 1-7) upon insertion and activation (col. 14, l. 24).
Regarding the claim limitation “disposable item,” one of ordinary skill in the art would appreciate that the cigarette is disposable and intended to be disposed of after heating.
However, Campbell is silent as to a temperature sensor configured to detect when the smokable material has been heated to the predetermined volatilizing temperature, wherein the temperature sensor communicates with an alerting unit in the form of an alarm or an indicator light to alert a user that the smokable material has been heated to the predetermined volatilizing temperature.
Nelson teaches an inhaler (“title”) comprising a sensor including a temperature sensor (para. 59) that may provide the controller with data regarding the parameters of the heating element, the heating chamber, the constituent (i.e., “detect when the smokable material has been heated to a predetermined volatilizing temperature”), the volatilized fluid, and other elements of the volatizing device ([0060]) such that (1) when the predetermined temperature has been reached, the controller may cause energy to cease flowing to the heating element; and (2) when the temperature falls below the predetermined temperature, the controller may cause energy to flow to the heating element ([0084]); and an indicator light (126) may illuminate to provide information that the unit is actively volatilizing a material ([0041]) and a display (114) configured to provide information including the temperature within a heating chamber ([0041], [0082], [0085]) (the indicator lights and display are collective “an alerting unit configured to alert a user that the predetermined volatilizing temperature has been reached”) and also the controller may prevent energy from being transferred to the heating element if the temperature indicated by one of the sensors exceeds the predetermined value ([0084], [0090]).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have added a temperature sensor connected to the constituent/smokable material, an indicator light, and a display as in Nelson to Campbell’s heating system in order to obtain the predictable result of detecting when the constituent/smokable material has achieved a predetermined temperature and providing information that the unit is actively volatilizing the material, and/or provide information regarding the temperature within the heating chamber and prevent energy from being transferred to the heating element if the temperature exceeds the predetermined value (Nelson; paras. 41, 82, 90), thus improving the user experience and safety.
Furthermore, modified Campbell is silent as to wherein the magnetic field generator is configured to automatically cease to generate the magnetic field when the temperature sensor detects that the smokable material has been heated to the predetermined volatilizing temperature.
Holz teaches an induction apparatus for heating fluids (title) comprising a cup (60; Fig. 2) carrying a fluid to be heated (col. 1, ll. 44-45) including a bottom wall of metal which is a lossy magnetic material that can be inductively heated (col. 1, ll. 50-53; “heating material”), a temperature-sensing diode (130; “temperature sensor”), and an electronic circuit (24) for use with the cup (col. 2, ll. 19-20; Fig. 3), wherein in operation, the cup containing the fluid is heated based on the control knob (33; Fig. 1) set to a desired temperature (similar to the “predetermined temperature”) and the temperature-sensing diode senses a temperature such that (1) if the temperature is below the desired selected temperature for the fluid, the oscillator (200; “magnetic field generator”) turns on and heating current is induced in the metal based of the cup (col. 3, ll. 37-55), and (2) when the temperature of the fluid reaches the desired level, the sensor diode causes the oscillator transistor to turn off (col. 3, ll. 56-60; “automatically cease to generate magnetic field when the temperature sensor detects the material has been heated to the predetermined temperature”).
It would have been obvious to said skilled artisan to have applied Holz’s method of turning the oscillator off when the temperature reaches a predetermined temperature to modified Campbell’s heating system in order to provide a simple and inexpensive way to inductively heat with an accurate temperature control of about one-tenth to one-half a degree Fahrenheit (Holz; col. 4, l. 67-col. 5, l. 2) thus providing a more consistent vaporization.
Regarding claims 5 and 13, modified Campbell discloses the discloses the susceptor element consists of conductive/resistive permeable filler particles within the binder matrix (col. 13, ll. 29-31; emphasis added; “plurality of separate pieces”). Moreover, Campbell discloses in that the susceptor material (SM; Fig. 10C) comprises discrete portions of susceptor material separated by gaps (col. 11, ll. 7-15; also “separate pieces of heating material”).
Regarding claims 14 and 21, modified Campbell discloses the induction sources respectively fire in a sequential order around the circumference or in any other desired pattern to minimize undesired heat transfer to portions of the cigarette which are not intended to be heated (col. 6, ll. 7-15). Moreover, modified Campbell discloses that a processor may detect unexpected energy delivery to the susceptor due to a significant shift in detected susceptor’s physical properties and interrupts operation of the lighter by turning off the PWM controller chip (col. 15, ll. 37-41). Both of these situation would involve automatically ceasing generation of the magnetic field after a predetermined period has elapsed.
Regarding claim 15, modified Campbell discloses the tobacco flavor medium comprises tobacco, reconstituted tobacco, or combination thereof (col. 5, ll. 20-24; “tobacco”).
Regarding claim 16, regarding the claim limitation “wherein the heating material is heated by effects of magnetic induction to a temperature which is sufficient to volatilize the component of the smokable material in the heating chamber without burning the smokable material,” this limitation has been considered, and construed as the manner of operating an apparatus that adds no additional structure to the apparatus as claimed. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. However, because the apparatus of modified Campbell is identical to the claimed invention, it is capable of being operated with similar if not identical claimed characteristics.
Regarding claim 17, modified Campbell discloses the susceptor comprising a discrete cylindrical susceptor layer (300; col. 9, l. 21) an integral layer (400), or susceptor material (SM) are all located within the paper overwrap (310) and therefore contained next to the space defined by the cylindrical paper overwrap (i.e. “adjacent the smokable material heating chamber”).
Regarding claim 18, modified Campbell discloses generating flavors (“aromatic compounds”) and aerosols (col. 8, l. 47).
Regarding claim 19, modified Campbell further discloses a method comprising:
producing an alternating electromagnetic field (col. 3, ll. 45-46; “generating a varying magnetic field”);
inducing a heat generating eddy current in the susceptor to heat the susceptor (col. 3, ll. 46-47; “induce an electrical current in the heating material and thereby heating the heating material”); and
heating the tobacco flavor medium located in thermal proximity to the heated susceptor “col. 3, ll. 47-49; “transferring thermal energy form the heating material to the smokable material to heat the smokable material to a volatilizing temperature”) to generate flavors and aerosols (col. 8, l. 47; “volatilize the components”) at a temperature necessary to produce aerosol delivery within the smoking device when exposed to an alternative magnetic field (col. 13, ll. 15-20; “predetermined volatilizing temperature”).
Regarding claim 22, Campbell discloses inductive heating systems for smoking articles (title; “apparatus configured to volatilize components of smokable material for inhalation”) comprising:
a paper overwrap (310; Fig. 8, 10A, 10C; “housing”) which is a cigarette paper overwrapped about a tobacco-laden tubular carrier (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2; the space defined by the cylindrical paper overwrap defines the “smokable material heating chamber”); and
a susceptor (“heating material”) comprising a discrete cylindrical susceptor layer (300; col. 9, l. 21) an integral layer (400), or susceptor material (SM), which is heated by an induction source producing an alternating electromagnetic field (“heated by a presence of a varying magnetic field”) which in turn heats tobacco flavor medium (col. 3, ll. 45-49; “transfer heat energy to smokable material”), the tobacco flavor medium (TM; “smokable material”) is located within the paper overwrap (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2, describing the paper overwrap wraps about the tobacco) to generate flavors and aerosols (col. 8, l. 47; “volatilize the components”) at a temperature necessary to produce aerosol delivery within the smoking device when exposed to an alternative magnetic field (col. 13, ll. 15-20; “predetermined volatilizing temperature”);
wherein the susceptor comprises the discrete susceptor layer (300), integral layer (400), or susceptor material (SM) (each considered “comprised in a heating member”), the heating member is elongate (see Figs. 8, 10A, 10C; it has a length), wherein the tobacco flavor medium has the form of a cylindrical layer of tobacco (col. 9, ll. 19-21; see also Fig. 8), and the paper overwrap is wrapped around the cylindrical layer of tobacco material and susceptor (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2; “co-axially around the heating member” wherein the coaxial axis is the longitudinal axis of the cylindrical layer of tobacco);
wherein the paper overwrap, the susceptor, and the tobacco flavor medium form a cigarette (C; see col. 8, ll. 64-67); and
an induction source (“varying magnetic field generator”) that produces the alternating electromagnetic field which induces the heat generating eddy current in the susceptor to heat the tobacco flavor medium located in thermal proximity (col. 3, ll. 44-50; see also Figs. 1-7) upon insertion and activation (col. 14, l. 24).
However, Campbell is silent as to a temperature sensor configured to detect when the heating material has been heated to the predetermined volatilizing temperature, wherein the temperature sensor communicates with an alerting unit in the form of an alarm or an indicator light to alert a user that the heating material has been heated to the predetermined volatilizing temperature.
Nelson teaches an inhaler (“title”) comprising a sensor including a temperature sensor (para. 59) that may provide the controller with data regarding the parameters of the heating element (“heating material configured to be heated…to a predetermined volatilizing temperature”), the heating chamber, the constituent, the volatilized fluid, and other elements of the volatizing device ([0060]) such that (1) when the predetermined temperature has been reached, the controller may cause energy to cease flowing to the heating element; and (2) when the temperature falls below the predetermined temperature, the controller may cause energy to flow to the heating element ([0084]); and an indicator light (126) may illuminate to provide information that the unit is actively volatilizing a material ([0041]) and a display (114) configured to provide information including the temperature within a heating chamber ([0041], [0082], [0085]) (the indicator lights and display are collective “an alerting unit configured to alert a user that the predetermined volatilizing temperature has been reached”) and also the controller may prevent energy from being transferred to the heating element if the temperature indicated by one of the sensors exceeds the predetermined value ([0084], [0090]).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have added a temperature sensor connected to the heating element, an indicator light, and a display as in Nelson to Campbell’s heating system in order to obtain the predictable result of detecting when the heating element has achieved a predetermined temperature and providing information that the unit is actively volatilizing a material, and/or provide information regarding the temperature within the heating chamber and prevent energy from being transferred to the heating element if the temperature exceeds the predetermined value (Nelson; paras. 41, 82, 90), thus improving the user experience and safety.
Furthermore, modified Campbell is silent as to wherein the magnetic field generator is configured to automatically cease to generate the magnetic field when the temperature sensor detects that the heating material has been heated to the predetermined volatizing temperature.
Holz teaches an induction apparatus for heating fluids (title) comprising a cup (60; Fig. 2) carrying a fluid to be heated (col. 1, ll. 44-45) including a bottom wall of metal which is a lossy magnetic material that can be inductively heated (col. 1, ll. 50-53; “heating material”), a temperature-sensing diode (130; “temperature sensor”), and an electronic circuit (24) for use with the cup (col. 2, ll. 19-20; Fig. 3), wherein in operation, the cup containing the fluid is heated based on the control knob (33; Fig. 1) set to a desired temperature (similar to the “predetermined temperature”) and the temperature-sensing diode senses a temperature such that (1) if the temperature is below the desired selected temperature for the fluid, the oscillator (200; “magnetic field generator”) turns on and heating current is induced in the metal based of the cup (col. 3, ll. 37-55), and (2) when the temperature of the fluid reaches the desired level, the sensor diode causes the oscillator transistor to turn off (col. 3, ll. 56-60; “automatically cease to generate magnetic field when the temperature sensor detects the material has been heated to the predetermined temperature”).
It would have been obvious to said skilled artisan to have applied Holz’s method of turning the oscillator off when the temperature reaches a predetermined temperature to modified Campbell’s heating system in order to provide a simple and inexpensive way to inductively heat with an accurate temperature control of about one-tenth to one-half a degree Fahrenheit (Holz; col. 4, l. 67-col. 5, l. 2) thus providing a more consistent vaporization.
Claims 2-4 and 10-12 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Campbell et al. in view of Nelson and Holz as applied to claims 1 and 9 above, and further evidenced by Chalapud (“Pectin Films with Recovered Sunflower Waxes Produced by Electrospraying;” of record) and Excellup (“Solid State;” of record).
Regarding claims 2 and 10, modified Campbell discloses the apparatus as discussed above with respect to claims 1 and 9, wherein an eddy current will generate heat proportional to the current density and the conductor resistivity, wherein the conductor capable of being inductively heated is known an a susceptor (col. 4, l. 65-col. 5, l. 8; “heating material is susceptible to eddy currents induced by the varying magnetic field…causing the heating material to be resistively heated”), wherein the susceptor is includes a high magnetic permeability and low specific electrical resistivity material such as aluminum or silver (col. 13, ll. 20-21; “heating material”), and a food grade binder such as pectin or Konjac (col. 13, ll. 22-24; “base material”), wherein the susceptor element consists of conductive/resistive (permeable) filler particles [of aluminum or silver] within the binder matrix (col. 13, ll. 29-31).
Regarding the claim limitation “base material not susceptible to the induction of eddy currents in the presence of the varying magnetic field” Campbell discloses that the susceptor needs to be a conductor to be capable of inductive heating (col. 4, l. 65-col. 5, l. 8). Moreover, as evidenced by Chalapud, pectin solutions have a conductivity of 858.3 or 1012.3 µS/cm depending on methoxyl content (Table 1), which is equivalent to 8.585*10-2 S/m and 1.0123*10-1 S/m. As evidenced by Excellup, conductors are known to have a conductivity in the range of 104 to 107 1/Ωm (equivalent to S/m) (see p. 1). Therefore, pectin does not have the requisite conductivity/resistivity as suggested by Campbell to be susceptible to induction of eddy currents.
Regarding claims 3 and 11, modified Campbell discloses the susceptor element consists of conductive/resistive permeable filler particles within the binder matrix (col. 13, ll. 29-31; “base material is in thermal contact with the heating material”).
Regarding the claim limitation “the base material being configured to retain heat energy received from the heating material and to transfer the heat energy to the smokable material in the smokable material heating chamber to volatilize the components,” this limitation has been considered, and construed as the manner of operating an apparatus that adds no additional structure to the apparatus as claimed. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. However, modified Campbell discloses all of the structural features and physical properties of the heating member as claimed and therefore the binder matrix of modified Campbell is capable of retaining heat energy from the conductive filler particles and transferring the heat energy to the tobacco flavor material.
Regarding claims 4 and 12, with respect to the claim limitation “the heat retentive base material is configured to transfer the heat energy to the smokable material over an extended period so as to raise and maintain a temperature of the smokable material at a volatilizing temperature for the extended period without simultaneous heating of the heating material by the varying magnetic field,” this limitation has been considered, and construed as the manner of operating an apparatus that adds no additional structure to the apparatus as claimed. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. However, modified Campbell discloses all of the structural features and physical properties of the heating member as claimed and therefore the binder matrix of modified Campbell is capable of retaining heat energy from the conductive filler particles and transferring the heat energy to the tobacco flavor material.
Claims 1 and 6-7 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Li et al. (US 2012/0234315; of record) in view of Nelson (US 2007/0045288; of record) and Holz (US 4110588; of record).
Regarding claim 1, Li discloses a high frequency induction atomization device (abstract; “apparatus configured to volatilize components of smokable material for inhalation”) comprising:
a second housing (18; the space defined by the second housing defines the “smokable material heating chamber”); and
an atomizing core (1; “heating material”) which raises sharply to the boiling point of the atomizing liquid via a high frequency coil generating a high frequency electromagnetic current by induction (paras. 4, 20; “heated by a presence of a varying magnetic field”) and wherein the atomizing liquid in a liquid storage component (14; para. 17; “smokable material”) is vaporized (para. 20; “transfer heat energy to smokable material”) at the boiling point of the atomizing liquid (para. 20; “predetermined volatilizing temperature”) within the second housing (see Fig. 2), wherein the atomizing core (“heating member”) comprises an elongate member (see Fig. 1; has a longitudinal length) and the space defined by the second housing is located coaxially around the atomizing core (see Fig. 1); and
a high frequency generator (6; “magnetic field generator”) which generates the high frequency current by induction (para. 20).
However, Li is silent as to a temperature sensor configured to detect when the smokable material has been heated to the predetermined volatilizing temperature, where in the temperature sensor communicates with an alarm or indicator light configured to alert a user that the smokable material has been heated to the predetermined volatilizing temperature.
Nelson teaches an inhaler (“title”) comprising a sensor including a temperature sensor (para. 59) that may provide the controller with data regarding the parameters of the heating element, the heating chamber, the constituent (i.e., “detect when the smokable material has been heated to a predetermined volatilizing temperature”), the volatilized fluid, and other elements of the volatizing device ([0060]) such that (1) when the predetermined temperature has been reached, the controller may cause energy to cease flowing to the heating element; and (2) when the temperature falls below the predetermined temperature, the controller may cause energy to flow to the heating element ([0084]); and an indicator light (126) may illuminate to provide information that the unit is actively volatilizing a material ([0041]) and a display (114) configured to provide information including the temperature within a heating chamber ([0041], [0082], [0085]) (the indicator lights and display are collective “an alerting unit configured to alert a user that the predetermined volatilizing temperature has been reached”) and also the controller may prevent energy from being transferred to the heating element if the temperature indicated by one of the sensors exceeds the predetermined value ([0084], [0090]).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have added a temperature sensor connected to the constituent/smokable material, an indicator light, a and display as in Nelson to Li’s heating system in order to obtain the predictable result of detecting when the constituent/smokable material has achieved a predetermined temperature and providing information that the unit is actively volatilizing a material and/or provide information regarding the temperature within the heating chamber and prevent energy from being transferred to the heating element if the temperature exceeds the predetermined value (Nelson; paras. 41, 82, 90), thus improving the user experience and safety.
Furthermore, modified Li is silent as to wherein the magnetic field generator is configured to automatically cease to generate the magnetic field when the temperature sensor detects that the smokable material has been heated to the predetermined volatilizing temperature.
Holz teaches an induction apparatus for heating fluids (title) comprising a cup (60; Fig. 2) carrying a fluid to be heated (col. 1, ll. 44-45) including a bottom wall of metal which is a lossy magnetic material that can be inductively heated (col. 1, ll. 50-53; “heating material”), a temperature-sensing diode (130; “temperature sensor”), and an electronic circuit (24) for use with the cup (col. 2, ll. 19-20; Fig. 3), wherein in operation, the cup containing the fluid is heated based on the control knob (33; Fig. 1) set to a desired temperature (similar to the “predetermined temperature”) and the temperature-sensing diode senses a temperature such that (1) if the temperature is below the desired selected temperature for the fluid, the oscillator (200; “magnetic field generator”) turns on and heating current is induced in the metal based of the cup (col. 3, ll. 37-55), and (2) when the temperature of the fluid reaches the desired level, the sensor diode causes the oscillator transistor to turn off (col. 3, ll. 56-60; “automatically cease to generate magnetic field when the temperature sensor detects the material has been heated to the predetermined temperature”).
It would have been obvious to said skilled artisan to have applied Holz’s method of turning the oscillator off when the temperature reaches a predetermined temperature to modified Li’s induction heating system in order to provide a simple and inexpensive way to inductively heat with an accurate temperature control of about one-tenth to one-half a degree Fahrenheit (Holz; col. 4, l. 67-col. 5, l. 2), thus providing a more consistent vaporization.
Regarding claim 6, modified Li discloses that the atomizing core and liquid storage component are is detachably mounted to the holder to facilitate changing thereof (paras. 8, 14; “smokable material is provided in a smokable material consumable which can be inserted into, and removed from, the smokable material heating chamber”).
Regarding claim 7, modified Li discloses the liquid storage component is connected to one end of the atomizing core (para. 22; “smokable material consumable can be slid onto and off the heating member”).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONNY V NGUYEN whose telephone number is (571)272-8294. The examiner can normally be reached Monday - Friday; 7:00 AM - 3:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Y 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SONNY V NGUYEN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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