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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 January 2026 has been entered.
Status of the Claims
This office action is in response to Applicant’s amendment filed on 19 January 2026:
Claims 1-9, 11-16 and 19 are pending
Claim 1 is amended
Claims 10 and 17-18 are cancelled
Response to Amendment
Applicant's amendments to the claims filed 19 January 2026 have been acknowledged.
Response to Arguments
Applicant’s arguments with respect to Claim 1 has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant has amended Claim 1 to further describe the infrared emitting coat wherein “the infrared emitting coating is capable of generating heat when electrified and radiating the infrared rays to heat the smoking material”. Applicant argues that modifying Lancker’s emitters/heating elements with Egoyants coating would not read upon the coating recited in amended Claim 1 as it is a reflective coating used for insulation and not for generating heat or emitting infrared rays.
However, since Examiner no longer relies on Egoyants for the infrared emitting coating feature disclosed in amended Claim 1, Applicant’s arguments are moot.
Below is a modified rejection based on amendments to the claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 1-5, 8-16 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lancker et al (Publication No. US20210251289A1) in view of Hsu et al (Publication No. US20140314396A1).
Regarding Claim 1, Lancker teaches an aerosol-generating device ([0041], see Fig. 1), configured to heat a smokable material to generate an aerosol for inhalation ([0049], aerosol-generating article (26)), comprising:
a chamber, configured to receive a smokable material ([0035], heating chamber (10) configured to receive a planar aerosol-generating article); and
the chamber having a first radial direction, and a second radial direction that is perpendicular to the first radial direction ([0056], see also Fig. 5A: heating structure may be rectangular); and
a first ([0051], see also Fig. 3A: heating elements (22)) infrared emitter and a second (heating elements (24)) infrared emitter ([0033]: heating elements may also be provided as a conductive heating element, by means of infrared LEDs) that are arranged in the first radial direction of the chamber (see Fig. 3A) and configured to radiate infrared rays towards the chamber so as to heat the smokable material ([0008]);
the first infrared emitter and the second infrared emitter extending at least partially in the second radial direction (see Fig. 5A), thereby defining the chamber between the first infrared emitter and the second infrared emitter, such that the size of the chamber in the second radial direction is greater than that in the first radial direction ([0056], see also Fig. 5A: heating structure may be rectangular).
Lancker also discloses that the emitter (i.e., heating element) is preferably made from metals, ceramics, polymers, composite materials or combinations thereof ([0033]) . Lancker does not explicitly disclose the following:
the first infrared emitter or the second infrared emitter comprises a base; and
an infrared emitting coating formed on a surface of the base;
wherein the infrared emitting coating is capable of generating heat when electrified and radiating the infrared rays to heat the smoking material.
Regarding (I-III), Hsu, directed to an electrothermal element (1) (i.e., infrared emitter) which comprises a substrate base (100) made of ceramic and an electrothermal layer (200) (i.e., infrared emitting coat) that can produce heat and emit infrared radiation when electrically connected to electrodes (Fig. 5B; [0004]). The electrothermal layer (200) covers (i.e., coats) the substrate (100) ([0030]) and is formed on a surface of the base (see Fig. 5B).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the first or second infrared emitting heating element disclosed by Lancker to comprise a ceramic substrate with an infrared emitting electrothermal layer coating as disclosed by Hsu, as both are directed to a heating element component, where this involves modifying one known infrared heating element design disclosed by Lancker with another infrared heating element design disclosed by Hsu, to predictably result in an infrared emitter/heating element capable of generating heat and emitting infrared radiation to heat a smoking material.
Regarding Claim 2, Lancker further discloses the first infrared emitter (22) and the second infrared emitter (24) are separated from each other ([0051]: the first heating element is arranged separately from the second heating element).
Regarding Claim 3, Lancker further discloses the first infrared emitter (22) and the second infrared emitter (24) are spaced with certain distance, to form an airflow channel for external air to enter the chamber (10) ([0009], see also Fig. 4B: surface structure of the heating elements is arranged such that a lateral airflow is enabled between the heating surface of the heating element and the inserted article).
Regarding Claim 4, Lancker further discloses the first infrared emitter (22) is configured to be able to move in the first radial direction relative to the second infrared emitter (24), to change the size of the chamber (10) in the first radial direction ([0026]: a first heating section of the heating element may be configured movable with respect to at least a second heating section of the heating element).
Regarding Claim 5, Lancker further discloses the first infrared emitter (22) has a first position (see Fig. 4A) and a second position (see Fig. 4B) opposite to the second infrared emitter (24), and is able to move between the first position and the second position in the first radial direction relative to the second infrared emitter ([0026]: a first heating section of the heating element may be configured movable with respect to at least a second heating section of the heating element);
wherein the size of the chamber (10) in the first radial direction when the first infrared emitter is at the first position is less than the size of the chamber in the first radial direction when the first infrared emitter is at the second position ([0055]: heating elements may be spaced apart during insertion of the article, thereby causing an increase in the size of the heating chamber between the first and second positions).
Regarding Claim 8, Lancker further discloses the first infrared emitter (22) and/or the second infrared emitter (24) are/is configured as the shape of a sheet extending in the second radial direction (see Fig. 5A).
Regarding Claim 9, Lancker further discloses the first infrared emitter (22) and/or the second infrared emitter (24) are/is configured as the shape of a curve bending outwards in the first radial direction of the chamber (see Fig. 5E).
Regarding Claim 11, Lancker further discloses the first infrared emitter (22) is configured to be able to move in the first radial direction relative to the second infrared emitter (24) ([0026]: a first heating section of the heating element may be configured movable with respect to at least a second heating section of the heating element), to change the size of the chamber in the first radial direction (see Figs. 4A-4B).
Regarding Claim 12, Lancker further discloses the first infrared emitter (22) is configured to be able to move in the first radial direction relative to the second infrared emitter (24) ([0026]: a first heating section of the heating element may be configured movable with respect to at least a second heating section of the heating element), to change the size of the chamber in the first radial direction (see Figs. 4A-4B).
Regarding Claim 13, Lancker further discloses the first infrared emitter (22) and/or the second infrared emitter (24) are/is configured as the shape of a sheet extending in the second radial direction (see Fig. 5A).
Regarding Claim 14, Lancker further discloses the first infrared emitter (22) and/or the second infrared emitter (24) are/is configured as the shape of a sheet extending in the second radial direction (see Fig. 5A).
Regarding Claim 15, Lancker further discloses the first infrared emitter (22) and/or the second infrared emitter (24) are/is configured as the shape of a curve bending outwards in the first radial direction of the chamber (see Fig. 5E).
Regarding Claim 16, Lancker further discloses the first infrared emitter (22) and/or the second infrared emitter (24) are/is configured as the shape of a curve bending outwards in the first radial direction of the chamber (see Fig. 5E).
Regarding Claim 19, Lancker further discloses the first infrared emitter (22) and/or the second infrared emitter (24) are/is configured as the shape of a curve bending outwards in the first radial direction of the chamber (see Fig. 5E). As seen in Figure 5E, it appears that the shapes mirror each other, since they are shown to be similar (i.e., mirroring) in shape.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Lancker et al (Publication No. US20210251289A1) in view of Hsu et al (Publication No. US20140314396A1) as applied to Claim 5 above, and further in view of Ferrie et al (Publication No. US20220095692A1).
Regarding Claim 6, Modified Lancker does not disclose the device further comprising a retaining mechanism, which is configured to stably retain the first infrared emitter at the first position and/or the second position.
However, Ferrie, directed to an aerosol-generating device configured to heat an aerosol-forming article ([0059]), teaches a locking mechanism (227-5) for the heater (204-5) configured to removably retain the heater ([1968]); the locking mechanism may include spring-loaded or slidable retaining elements ([1975]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Lancker by utilizing a retaining mechanism to secure a heating element as taught by Ferrie because both modified Lancker and Ferrie are directed to an aerosol-generating device configured to heat an aerosol-forming article. Ferrie teaches an alternative retaining mechanism that is displaceable ([1975]), and this merely involves use of a known spring-based retaining mechanism to improve similar heating assemblies in the same way (see MPEP 2143 I(C)).
Regarding Claim 7, Modified Lancker further discloses that the retaining mechanism comprises a biasing element (i.e., slidable retaining elements), which is configured to bias the first infrared emitter towards the second position (Ferrie; [1975]: the slidable retaining elements are displaceable, allowing the heater to move/change position). It would have been obvious to one of ordinary skill in the art before to further modify Lanker to provide a biasing element to lock the emitters in place.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lim et al (Publication No. US20160249413A1) – Planar heating element comprising a substrate layer and metal layer, wherein the metal layer is disposed on the substrate and is capable of generating heating and selectively transmitting infrared rays when receiving power from an electrode.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755