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 .
Response to Amendment
This office action is responsive to the amendment filed on 02/06/2026. As directed by the amendment: claim(s) 1 has/have been amended; no claim(s) has/have been cancelled and new claim(s) 13 has/have been added. Thus, claims 1-10 and 12-13 are presently pending in this application.
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.
Claim(s) 1-3, 5-7, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al (WO 2019100399) in view of Oh et al (US 2020/0046028) and McMills et al (US 5,286,952).
Regarding claim 1, Xiao discloses a heater assembly comprising:
a heating element (Fig. 2 #15 heating mesh) formed in a mesh having a tubular shape, and configured to generate heat when electricity is supplied;
and a plurality of electrodes (Fig. 2 #13 first electrode and #14 second electrode) respectively connected to opposite end portions of the heating element (Fig. 2 #15 heating mesh) in a lengthwise direction, extending in a circumferential direction of the heating element (Shown in figure 2), and configured to supply the electricity to the heating element (Fig. 2 #15 heating mesh); the plurality of electrodes (Fig. 2 #13 first electrode and #14 second electrode) respectively comprise a plurality of terminals (Fig. 2 #11 first terminal and Fig. 2 #12 second terminal) at end portions (Shown in the figure below) thereof, the plurality of terminals (Fig. 2 #11 first terminal and Fig. 2 #12 second terminal) protruding outward (Shown in the figure below) from the heating element (Fig. 2 #15 heating mesh); and the end portions (Shown in the figure below) thereof respectively correspond to portions of the plurality of electrodes (Fig. 2 #13 first electrode and #14 second electrode) of the heating element (Fig. 2 #15 heating mesh).
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However, Xiao does not explicitly disclose wherein a length of the plurality of electrodes in the circumferential direction is greater than an entire circumference of the heating element, the plurality of electrodes extend along the entire circumference of the heating element; each of the plurality of electrodes extends along the entire circumference of the heating element and has a first end overlapping a second end in the circumferential direction.
Nonetheless, Oh in the same field of endeavor being electric heating, teaches the electrodes and heating elements can have various shapes and sizes (Shown in the figure below).
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Applicant does not disclose that the claimed configuration of the electrodes would enable the claimed invention to perform any differently that the cited prior art. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have a length of an electrodes being greater than an entire circumference of the heating element in the circumferential direction and an electrode extending along the entire circumference of the heating element, since it has been held by the courts that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Furthermore, McMills in the same field of endeavor being electric heating teaches each of the plurality of electrodes extends along the entire circumference of the heating element and has a first end overlapping a second end in the circumferential direction (Shown in the figure below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heater assembly of Xiao in view of Oh by incorporating the first end of an electrode overlapping the second end of the electrode, since it has been held by the courts that a change in shape or configuration, without any criticality in operation of the device, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Xiao in view of Oh.
Regarding claim 2, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 1), and Xiao teaches wherein the plurality of electrodes (Fig. 2 #13 first electrode and #14 second electrode) comprise a first electrode (Fig. 2 #13 first electrode) arranged at an upper end portion of the heating element (Fig. 2 #15 heating mesh) and a second electrode (Fig. 2 #14 second electrode) arranged at a lower end portion of the heating element (Fig. 2 #15 heating mesh).
Regarding claim 3, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 2), and Xiao teaches wherein the first electrode (Fig. 2 #13 first electrode) is arranged on an inner side or an outer side (Fig. 2 #13 first electrode is arranged on the outer side) of the heating element, and the second electrode (Fig. 2 #14 second electrode) is arranged on the inner side or the outer side (Fig. 2 #14 second electrode is arranged on the outer side) of the heating element (Fig. 2 #15 heating mesh).
Regarding claim 5, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 1), and Oh teaches further comprising a support (Fig. 3 #140 protection layer) arranged on an outer side of the heating element and comprising a material that blocks heat.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Xiao in view of Oh and McMills by incorporating the support as taught by Oh for the benefit of blocking heat which is generated by the electrode pattern from being radiated to the outside.
Regarding claim 6, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 5), and Xiao teaches wherein the plurality of electrodes (Fig. 2 #13 first electrode and #14 second electrode) comprise a first electrode (Fig. 2 #13 first electrode) arranged at an upper end portion of the heating element (Fig. 2 #15 heating mesh) and a second electrode (Fig. 2 #14 second electrode) arranged at a lower end portion of the heater element (Fig. 2 #15 heating mesh).
However, Xiao in view of Oh and McMills does not teach the first electrode and the second electrode extend from an inner side of the heating element to an outer side of the support.
Nonetheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first electrode and the second electrode extending from an inner side of the heating element to an outer side of the support, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 V. C.
Regarding claim 7, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 5), and Xiao teaches wherein the plurality of electrodes (Fig. 2 #13 first electrode and #14 second electrode) comprise a first electrode (Fig. 2 #13 first electrode) arranged at an upper end portion of the heating element (Fig. 2 #15 heating mesh) and a second electrode (Fig. 2 #14 second electrode) arranged at a lower end portion of the heater element (Fig. 2 #15 heating mesh),
and the plurality of electrodes (Fig. 2 #13 first electrode and #14 second electrode) are respectively connected to the opposite end portions of the heating element arranged on the outer side of the support (Shown in figure 2).
Regarding claim 9, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 1), and Oh teaches wherein opposite edges of the heating element in the circumferential direction contact each other (Shown in Fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Xiao in view of Oh and McMills by incorporating the arrangement of the edges of the heater as taught by Oh for the benefit of providing a heater that will fit inside a cylindrical housing.
Regarding claim 10, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 1), and Oh teaches wherein opposite end portions of the heating element in the circumferential direction overlap each other (Shown in Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Xiao in view of Oh and McMills by incorporating the arrangement of the edges of the heater as taught by Oh for the benefit of preventing unfolding during manufacture. (Oh [0062])
Regarding claim 10, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 1), and McMills teaches wherein the first end is bent from the second end to protrude radially outward from the heating element, and the plurality of terminals are formed at the first end of each of the plurality of electrodes, respectively (Shown in the figure below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heater assembly of Xiao in view of Oh in view of McMills by incorporating the first end being bent from the second end to protrude radially outward from the heating element, and the plurality of terminals being formed at the first end of each of the plurality of electrodes, since it has been held by the courts that a change in shape or configuration, without any criticality in operation of the device, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Xiao in view of Oh.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al (WO 2019100399) in view of Oh et al (US 2020/0046028) and McMills et al (US 5,286,952) as applied to claim 1, further in view of Moreland et al (US 2002/0096506).
Regarding claim 4, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 1), but does not teach further comprising a support arranged on an inner side of the heating element and comprising a material that transmits heat.
Nonetheless, Moreland teaches further comprising a support (Fig. 2 #24 thermally conducting layer) arranged on an inner side of the heating element and comprising a material that transmits heat.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Xiao in view of Oh and McMills by incorporating the support as taught by Moreland for the benefit of uniformly distributing the heat.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al (WO 2019100399) in view of Oh et al (US 2020/0046028) and McMills et al (US 5,286,952) as applied to claim 1, further in view of Jeong et al (US 2020/0154766).
Regarding claim 8, Xiao in view of Oh and McMills teaches the assembly as appears above (see the rejection of claim 1), but does not teach further comprising a protective film arranged on at least one of an inner side and an outer side of the heating element.
Nonetheless, Jeong teaches further comprising a protective film (Fig. 7 #111c protective layer) arranged on at least one of an inner side and an outer side of the heating element.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Xiao in view of Oh and McMills by incorporating the protective film as taught by Jeong for the benefit of absorbing the impact caused by an external force.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al (WO 2019100399) in view of Oh et al (US 2020/0046028), McMills et al (US 5,286,952) and Kaufman et al (US 2018/0049469).
Regarding claim 12, Xiao in view of Oh and McMills discloses an aerosol-generating apparatus comprising: the heater assembly of claim 1 (See the rejection of claim 1).
However, Xiao in view of Oh and McMills does not disclose an electricity supply unit configured to supply electricity to the heater assembly, wherein the heating element is configured to receive an aerosol-generating article in the lengthwise direction of the heating element.
Nonetheless, Kaufman teaches an electricity supply unit (Fig. 2 #8 power supply) configured to supply electricity to the heater assembly, wherein the heating element is configured to receive an aerosol-generating article in the lengthwise direction of the heating element (Shown in Fig. 2; [0052] lines 15-18 ---" In this particular example, the heater segments 10 are generally annular or cylindrical, having a hollow interior which in use contains the smokable material article 5.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the aerosol-generating apparatus of Xiao in view of Oh and McMills by incorporating the electricity supply unit for the benefit of providing power to the heater and the orientation of the aerosol-generating article for the benefit of integration with a circular heater.
Response to Arguments
Applicant’s arguments, see pages 6-12, filed 02/06/2026, with respect to the rejection(s) of claim(s) 1-10, 12, and 13 under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of McMills et al (US 5,286,952).
Applicant argues that the cited prior art does not teach “each of the plurality of electrodes extends along the entire circumference of the heating element and has a first end overlapping a second end in the circumferential direction.” Examiner respectfully agrees.
However, newly cited prior art reference McMills teaches “each of the plurality of electrodes extends along the entire circumference of the heating element and has a first end overlapping a second end in the circumferential direction.” See the rejection of claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5.
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, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOE E MILLS JR./Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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