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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/29/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/30/2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 16-18, 20, and 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rath et al (US 12,075,840) in view of Deevi et al (US 5,224,498) and Kayanuma et al (US 4,870,249), as evidenced by Haerdtl et al (DE 3606500 A1).
Regarding claim 16, Rath discloses a heater for heating an aerosol-forming substrate, the heater comprising:
a heating element (Fig. 1 #20 vaporizer unit) configured to heat the aerosol-forming substrate (Fig. 1 #17 composition unit), the heating element (Fig. 1 #20 vaporizer unit) comprising at least one positive temperature coefficient (PTC) thermistor (Fig. 1 #21 heating element; Col. 6 lines 14-16 ---"It is assumed that the heating element 21 is a PTC resistor, i.e. a resistor made of a material with a positive temperature coefficient.”), the at least one PTC thermistor (Fig. 1 #21 heating element) being configured to be supplied with an electric current so as to heat the at least one PTC thermistor (Fig. 1 #21 heating element),
wherein a resistance of the at least one PTC thermistor increases when a temperature of the at least one PTC thermistor increases within a stabilised temperature range, a lower end of the stabilised temperature range being, when a constant voltage is applied to the at least one PTC thermistor, a reference temperature at which the resistance of the at least one PTC thermistor is twice a value of a minimum resistance of the at least one PTC thermistor (This limitation is an explanation of the typical behavior of a PTC heater operating a constant voltage. Haerdtl Fig. 1 ---"In the non-isothermal process, the BaTiO .sub.3 PTC ceramic with the catalyst layer applied to the ceramic surface is brought to an optimum temperature T .sub.opt for the catalytic combustion by an external heater, which can also consist of a PTC ceramic. By means of mixed crystal formation with SrTiO .sub.3 or PbTiO .sub.3 , the BaTiO .sub.3 - PTC ceramic can be changed with regard to its temperature-resistance characteristic curve in such a way that T .sub.opt lies precisely in the steepest part of the PTC characteristic curve (see Fig. 1) / 6 /. In PTC ceramics, the characteristic variable is the reference temperature T .sub.b , which is defined as the temperature at which the reference resistance R .sub.b of the PTC ceramic has twice the value of the minimum resistance R .sub.min . The reference temperature indicates approximately the beginning of the steep positive increase in resistance of the BaTiO .sub.3 -PTC ceramic.”).
However, Rath does not disclose wherein the reference temperature is between 100 degrees Celsius and 350 degrees Celsius when a constant voltage of 3.3 Volts is applied to the at least one PTC thermistor; wherein the heater comprises a heater housing, the heater housing comprising a peripheral portion extending in a transversal direction between a peripheral inner wall and a peripheral outer wall, and a bottom portion extending in a longitudinal direction between a bottom inner wall and a bottom outer wall, and wherein the peripheral outer wall comprises at least three planar sections, and the at least one PTC thermistor comprises at least one PTC plate arranged on at least one of the at least three planar sections.
Nonetheless, Deevi teaches wherein the reference temperature is between 100 degrees Celsius and 350 degrees Celsius when a constant voltage of 3.3 Volts is applied to the at least one PTC thermistor (Col. 5 lines 12-28 ---" The resistivity of an individual heating segment must be such that when current flows through a given segment a temperature sufficient to induce the flavor-generating medium to produce an aerosol or flavor or vapor is achieved; typically this temperature is between 100.degree. C. and 600.degree. C., preferably between 250.degree. -500.degree. C. and most preferably cannot be so high as to impede the heating of the flavor-generating medium, using multiple batteries. Nor can it be so low that the power consumption requirement of the segment exceeds the capacity of the source. Typically, heating segments having resistances between 0.2 and 20.0 ohms, and preferably between 0.5 and 1.5 ohms, and most preferably between 0.8 and 1.2 ohms, can achieve such operating temperatures when connected across a potential of between 2.4 and 9.6 volts.” PTC heaters are resistive heaters. There is no difference in the way that a PTC heater is powered verses a non-PTC heater.).
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 of Rath by incorporating the operation range of the heater as taught by Deevi for the purpose of generating a vapor without burning the flavor-generating medium.
Furthermore, Kayanuma which solves the same problem of heating efficiency teaches wherein the heater comprises a heater housing (Fig. 2 #31 cylinder), the heater housing (Fig. 2 #31 cylinder) comprising a peripheral portion extending in a transversal direction between a peripheral inner wall (Shown in the figure below) and a peripheral outer wall(Shown in the figure below) , and a bottom portion (Shown in the figure below) extending in a longitudinal direction between a bottom inner wall and a bottom outer wall,
and wherein the peripheral outer wall comprises at least three planar sections (Shown in the figure below), and the at least one PTC thermistor comprises at least one PTC plate (Fig. 2 #32 ceramic heater) arranged on at least one of the at least three planar sections (Shown in the figure below).
PNG
media_image1.png
282
457
media_image1.png
Greyscale
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 of Rath by incorporating the housing, PTC heating elements, and the position of the heating elements as taught by Kayanuma for the benefit of forming a heating device with increased heating efficiency and ease of assembly.
Regarding claim 17, Rath in view of Deevi and Kayanuma teaches the heater as appears above (see the rejection of claim 16), and Deevi teaches wherein the reference temperature is between 200 degrees Celsius and 250 degrees Celsius when a constant voltage of 3.3 Volts is applied to the at least one PTC thermistor (Col. 5 lines 12-28 ---" The resistivity of an individual heating segment must be such that when current flows through a given segment a temperature sufficient to induce the flavor-generating medium to produce an aerosol or flavor or vapor is achieved; typically this temperature is between about 100.degree. C. and 600.degree. C., preferably between about 250.degree. -500.degree. C. and most preferably cannot be so high as to impede the heating of the flavor-generating medium, using multiple batteries. Nor can it be so low that the power consumption requirement of the segment exceeds the capacity of the source. Typically, heating segments having resistances between 0.2 and 20.0 ohms, and preferably between 0.5 and 1.5 ohms, and most preferably between 0.8 and 1.2 ohms, can achieve such operating temperatures when connected across a potential of between 2.4 and 9.6 volts.”).
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 of Rath in view of Deevi and Kayanuma by incorporating the operation range of the heater as taught by Deevi for the purpose of generating a vapor without burning the flavor-generating medium.
Regarding claim 18, Rath in view of Deevi and Kayanuma teaches the heater as appears above (see the rejection of claim 16), and Rath teaches wherein the heating element (Fig. 1 #20 vaporizer unit) is further configured to be inserted into the aerosol-forming substrate (Fig. 1 #50 liquid) (Fig. 1 shows the vaporizer unit inserted into the liquid reservoir.).
Regarding claim 20, Rath in view of Deevi and Kayanuma teaches the heater as appears above (see the rejection of claim 16), and Rath teaches further comprising a cavity (Fig. 1 #18 liquid reservoir) configured to receive the aerosol-forming substrate (Fig. 1 #50 liquid), wherein the heater is further configured to heat the aerosol-forming substrate when the aerosol-forming substrate is received in the cavity (Col. 4 lines 27-30 ---" The vaporizer unit 20 evaporates liquid 50 supplied to it from the liquid storage 18, and supplies the evaporated liquid as an aerosol/vapor into the air stream 34 at an outlet side 64.”).
Regarding claim 28, Rath in view of Deevi and Kayanuma teaches the heater as appears above (see the rejection of claim 16), and Rath teaches further an aerosol-generating device, comprising: a device housing (Fig 1 #16 base part);
and a power supply (Fig. 1 #14 electrical energy storage device) electrically connected to the heating element to supply an electric current to the at least one PTC thermistor.
Regarding claim 29, Rath in view of Deevi and Kayanuma teaches the heater as appears above (see the rejection of claim 28), and Rath teaches an aerosol-generating article (Fig. 1 # 10 electronic cigarette) comprising the aerosol-forming substrate (Fig. 1 #17 composition unit).
Regarding claim 30, Rath in view of Deevi and Kayanuma teaches a method of operating the aerosol-generating system according to claim 29, and Rath teaches the method comprising the steps of:
determining a maximum operating temperature for the aerosol-forming substrate comprised in the aerosol-generating article (This step is performed by the operator. The operator chooses the maximum operating temperature.);
and supplying an electric current to the at least one PTC thermistor, by means of the power supply, the electric current having a constant voltage, such that a resistance of the at least one PTC thermistor increases when a temperature of the at least one PTC thermistor increases within a stabilised temperature range, a lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice a value of the minimum resistance of the at least one PTC thermistor, the constant voltage being such that the reference temperature of the PTC thermistor is the maximum operating temperature for the aerosol-forming substrate (Col. 2 lines 11-19 ---"In an advantageous embodiment, the current flow through the heating element is switched off for a predetermined period of time when the determined resistance reaches the first critical value. The predetermined time period is such that the heating element cools down to a temperature below a target temperature within this time period. Thereupon, the switching element is advantageously switched on again, so that current flows through the heating element again and it is heated again.” and Col. 6 lines 61-64 ---"The heating voltage VH may be a substantially constant supply voltage and correspond, for example, to the battery voltage, i.e. the voltage of the power source 14, or to a voltage transformed therefrom.”)
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rath et al (US 12,075,840) in view of Deevi et al (US 5,224,498) and Kayanuma et al (US 4,870,249) as applied to claim 16, further in view of Reevell et al (US 2021/0378307).
Regarding claim 19, Rath in view of Deevi and Kayanuma teaches the heater as appears above (see the rejection of claim 16), but does not teach wherein the heating element is further configured to heat an outer surface of the aerosol-forming substrate.
Nonetheless, Reevell teaches wherein the heating element (Fig. 2 #124 heating element) is further configured to heat an outer surface of the aerosol-forming substrate ([0079] lines 1-4 ---" It will be apparent that to conduct heat into the aerosol substrate 128, the surface 145 of the protrusion 140 must reciprocally engage with the outer layer 132 of substrate carrier 114.”).
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 of Rath in view of Deevi by incorporating orientation of the heater as taught by Reevell for the purpose of mitigating the effects of any variation in the diameter of the substrate carrier due to manufacturing tolerances or damage while the substrate is inserted into the heating element.
Claim(s) 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rath et al (US 12,075,840) in view of Deevi et al (US 5,224,498) and Kayanuma et al (US 4,870,249) as applied to claim 16, further in view of Reevell et al (US 2021/0378307).
Regarding claim 21, Rath in view of Deevi and Kayanuma teaches the heater as appears above (see the rejection of claim 20), but does not teach wherein the cavity extends longitudinally between an open end and the bottom inner wall, the cavity being delimited in the transversal direction by the peripheral inner wall.
Nonetheless, Reevell teaches wherein the cavity (Fig. 2 #108 heating chamber) extends longitudinally between an open end and the bottom inner wall, the cavity (Fig. 2 #108 heating chamber) being delimited in the transversal direction by the peripheral inner wall (Shown in the figure below).
PNG
media_image2.png
874
816
media_image2.png
Greyscale
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 of Rath in view of Deevi and Kayanuma by incorporating heater housing having a cavity as taught by Reevell for the purpose of mitigating the effects of any variation in the diameter of the substrate carrier due to manufacturing tolerances or damage while the substrate is inserted into the heating element.
Regarding claim 23, Rath in view of Deevi, and Kayanuma, Reevell teaches the heater as appears above (see the rejection of claim 21), and Rath teaches herein the at least one PTC thermistor (Fig. 1 #21 heating element) comprises a PTC tube arranged within the peripheral portion so as to circumscribe the peripheral inner wall (Shown in figure 1.).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rath et al (US 12,075,840) in view of Deevi et al (US 5,224,498), Kayanuma et al (US 4,870,249) and Reevell et al (US 2021/0378307) as applied to claim 21, further in view of Yamamoto et al (US 4,874,924).
Regarding claim 22, Rath in view of Deevi, Kayanuma, and Reevell teaches the heater as appears above (see the rejection of claim 21), but does not teach wherein the at least one PTC thermistor comprises a PTC disk arranged within the bottom portion.
Nonetheless, Yamamoto teaches wherein the at least one PTC thermistor (Fig. 24 #80 PTC thermistor) comprises a PTC disk arranged within the bottom portion (Shown in figure 24.).
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 of Rath in view of Deevi, Kayanuma, and Reevell by incorporating the PTC thermistor disk as taught by Yamamoto for the purpose of providing heat below a heat radiating member.
Claim(s) 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rath et al (US 12,075,840) in view of Deevi et al (US 5,224,498) and Kayanuma et al (US 4,870,249) as applied to claim 16, further in view of Shioi et al (US 4,245,146).
Regarding claim 25, Rath in view of Deevi and Kayanuma teaches the heater as appears above (see the rejection of claim 16), but does not teach wherein the at least one PTC thermistor comprises a ceramic semiconductor.
Nonetheless, Shioi teach wherein the at least one PTC thermistor comprises a ceramic semiconductor (Col. 1 lines 9-12 ---" A semiconductive material composed of barium titanate and having a positive temperature coefficient of electrical resistance is well-known under the abbreviation of PTC ceramic material.”).
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 of Rath in view of Deevi and Kayanuma by incorporating the ceramic semiconductor for the purpose of simplification of manufacture.
Regarding claim 26, Rath in view of Deevi, Kayanuma and Shioi teaches the heater as appears above (see the rejection of claim 25), and Shioi teaches wherein the ceramic semiconductor is barium titanate (Col. 1 lines 9-12 ---" A semiconductive material composed of barium titanate and having a positive temperature coefficient of electrical resistance is well-known under the abbreviation of PTC ceramic material.”).
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 of Rath in view of Deevi and Kayanuma by incorporating the ceramic semiconductor for the purpose of simplification of manufacture.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rath et al (US 12,075,840) in view of Deevi et al (US 5,224,498) and Kayanuma et al (US 4,870,249) as applied to claim 16, further in view of Triplett et al (US 4,700,054).
Regarding claim 27, Rath in view of Deevi and Kayanuma teaches the heater as appears above (see the rejection of claim 16), but does not teach wherein the at least one PTC thermistor comprises a polymeric material.
Nonetheless, Triplett teaches wherein the at least one PTC thermistor comprises a polymeric material (Col. 3 lines 20-28 ---" The resistive element preferably exhibits PTC behavior such as may result from at least part of the element being composed of a PTC material whose resistivity decreases sharply at some elevated temperature). Particularly useful resistive elements are composed of a conductive polymer which comprises a polymeric component and a particulate conductive filler dispersed in the polymeric component.”).
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 of Rath in view of Deevi and Kayanuma by incorporating the polymeric PTC heater as taught by Triplett for the purpose of simplification of manufacture.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rath et al (US 12,075,840) in view of Deevi et al (US 5,224,498) and Kayanuma et al (US 4,870,249) as applied to claim 29, further in view of Brooks et al (US 4,947,875), as evidenced by Haerdtl et al (DE 3606500 A1).
Regarding claim 31, Rath in view of Deevi and Kayanuma teaches a method of operating the aerosol-generating system according to claim 29, but does not teach the method comprising the steps of: measuring puff intensity when a puff is drawn during use of the aerosol-generating system; and determining a puff intensity threshold, such that, when the puff intensity is equal to or above the puff intensity threshold,
the method further comprises the additional steps of: determining a first maximum operating temperature and a second maximum operating temperature for the aerosol-forming substrate comprised in the aerosol-generating article, selecting the first maximum operating temperature or the second maximum operating temperature, if the first maximum operating temperature is selected, supplying an electric current to the at least one PTC thermistor, by means of the power supply, the electric current having a first constant voltage, such that a resistance of the at least one PTC thermistor increases when a temperature of the at least one PTC thermistor increases within a stabilised temperature range, a lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice a value of the minimum resistance of the at least one PTC thermistor, the first constant voltage being such that the reference temperature of the PTC thermistor is the first maximum operating temperature for the aerosol-forming substrate, and if the second maximum operating temperature is selected, supplying an electric current to the at least one PTC thermistor, by means of the power supply, the electric current having a second constant voltage, such that the resistance of the at least one PTC thermistor increases when the temperature of the at least one PTC thermistor increases within a stabilised temperature range, the lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice the value of the minimum resistance of the at least one PTC thermistor, the second constant voltage being such that the reference temperature of the PTC thermistor is the second maximum operating temperature for the aerosol-forming substrate.
Nonetheless, Brooks in the same field of endeavor being electronic vaporizing devices teaches the method comprising the steps of: measuring puff intensity when a puff is drawn during use of the aerosol-generating system (Col. 8 lines 1-5 ---"The other end of tube 48 is in airflow communication with pressure sensing switch 28, so that changes in air pressure which occur within the cartridge during draw can be sensed by the switch.”);
and determining a puff intensity threshold, such that, when the puff intensity is equal to or above the puff intensity threshold (Col. 11 lines 19-23 ---"Another suitable puff actuated mechanism is a sensitive pressure transducer (e.g., equipped with an amplifier or gain stage) which is in turn coupled with a comparator for detecting a predetermined threshold pressure.”),
the method further comprises the additional steps of: determining a first maximum operating temperature and a second maximum operating temperature for the aerosol-forming substrate comprised in the aerosol-generating article (Fig. 11 shows maximum temperatures for at least two scenarios; The maximum temperature is chosen by the operator.) selecting the first maximum operating temperature or the second maximum operating temperature (The operator chooses the first or second maximum temperature.),
if the first maximum operating temperature is selected, supplying an electric current to the at least one PTC thermistor, by means of the power supply, the electric current having a first constant voltage, such that a resistance of the at least one PTC thermistor increases when a temperature of the at least one PTC thermistor increases within a stabilised temperature range, a lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice a value of the minimum resistance of the at least one PTC thermistor, the first constant voltage being such that the reference temperature of the PTC thermistor is the first maximum operating temperature for the aerosol-forming substrate (This limitation is an explanation of the typical behavior of a PTC heater operating a constant voltage. Haerdtl Fig. 1 ---"In the non-isothermal process, the BaTiO .sub.3 PTC ceramic with the catalyst layer applied to the ceramic surface is brought to an optimum temperature T .sub.opt for the catalytic combustion by an external heater, which can also consist of a PTC ceramic. By means of mixed crystal formation with SrTiO .sub.3 or PbTiO .sub.3 , the BaTiO .sub.3 - PTC ceramic can be changed with regard to its temperature-resistance characteristic curve in such a way that T .sub.opt lies precisely in the steepest part of the PTC characteristic curve (see Fig. 1) / 6 /. In PTC ceramics, the characteristic variable is the reference temperature T .sub.b , which is defined as the temperature at which the reference resistance R .sub.b of the PTC ceramic has twice the value of the minimum resistance R .sub.min . The reference temperature indicates approximately the beginning of the steep positive increase in resistance of the BaTiO .sub.3 -PTC ceramic.”),
and if the second maximum operating temperature is selected, supplying an electric current to the at least one PTC thermistor, by means of the power supply, the electric current having a second constant voltage, such that the resistance of the at least one PTC thermistor increases when the temperature of the at least one PTC thermistor increases within a stabilised temperature range, the lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice the value of the minimum resistance of the at least one PTC thermistor, the second constant voltage being such that the reference temperature of the PTC thermistor is the second maximum operating temperature for the aerosol-forming substrate (This limitation is an explanation of the typical behavior of a PTC heater operating a constant voltage. Haerdtl Fig. 1 ---"In the non-isothermal process, the BaTiO .sub.3 PTC ceramic with the catalyst layer applied to the ceramic surface is brought to an optimum temperature T .sub.opt for the catalytic combustion by an external heater, which can also consist of a PTC ceramic. By means of mixed crystal formation with SrTiO .sub.3 or PbTiO .sub.3 , the BaTiO .sub.3 - PTC ceramic can be changed with regard to its temperature-resistance characteristic curve in such a way that T .sub.opt lies precisely in the steepest part of the PTC characteristic curve (see Fig. 1) / 6 /. In PTC ceramics, the characteristic variable is the reference temperature T .sub.b , which is defined as the temperature at which the reference resistance R .sub.b of the PTC ceramic has twice the value of the minimum resistance R .sub.min . The reference temperature indicates approximately the beginning of the steep positive increase in resistance of the BaTiO .sub.3 -PTC ceramic.”).
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 method of Rath in view of Deevi and Kayanuma by incorporating the measuring of and determining a puff intensity threshold and control of the heater based on the puff intensity threshold as taught by Brooks for the benefit of providing acceptable flavor delivery to the user, especially a 6 to 10 puff, or greater, product life.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rath et al (US 12,075,840) in view of Deevi et al (US 5,224,498) as evidenced by Haerdtl et al (DE 3606500 A1).
Regarding claim 32, Rath discloses a method of operating an aerosol-generating system, wherein the aerosol-generating system comprises:
an aerosol-generating article (Fig. 1 #10 cigarette product) comprising an aerosol-forming substrate (Fig. 1 #18 liquid reservoir), and an aerosol-generating device (Fig. 1 #20 vaporizer unit) comprising a heater (Fig. 1 #60 vaporizer) configured to heat the aerosol-forming substrate (Fig. 1 #18 liquid reservoir), wherein the heater (Fig. 1 #60 vaporizer) comprises: a heating element (Fig. 1 #21 heating element) configured to heat the aerosol-forming substrate, the heating element (Fig. 1 #21 heating element) comprising at least one positive temperature coefficient (PTC) thermistor (Col. 6 lines 14-16 ---"It is assumed that the heating element 21 is a PTC resistor, i.e. a resistor made of a material with a positive temperature coefficient.”), the at least one PTC thermistor being configured to be supplied with an electric current so as to heat the at least one PTC thermistor,
wherein a resistance of the at least one PTC thermistor increases when a temperature of the at least one PTC thermistor increases within a stabilised temperature range, a lower end of the stabilised temperature range being, when a constant voltage is applied to the at least one PTC thermistor, a reference temperature at which the resistance of the at least one PTC thermistor is twice a value of a minimum resistance of the at least one PTC thermistor (This limitation is an explanation of the typical behavior of a PTC heater operating a constant voltage. Haerdtl Fig. 1 ---"In the non-isothermal process, the BaTiO .sub.3 PTC ceramic with the catalyst layer applied to the ceramic surface is brought to an optimum temperature T .sub.opt for the catalytic combustion by an external heater, which can also consist of a PTC ceramic. By means of mixed crystal formation with SrTiO .sub.3 or PbTiO .sub.3 , the BaTiO .sub.3 - PTC ceramic can be changed with regard to its temperature-resistance characteristic curve in such a way that T .sub.opt lies precisely in the steepest part of the PTC characteristic curve (see Fig. 1) / 6 /. In PTC ceramics, the characteristic variable is the reference temperature T .sub.b , which is defined as the temperature at which the reference resistance R .sub.b of the PTC ceramic has twice the value of the minimum resistance R .sub.min . The reference temperature indicates approximately the beginning of the steep positive increase in resistance of the BaTiO .sub.3 -PTC ceramic.”),
wherein the aerosol-generating device (Fig. 1 #10 cigarette product)further comprises:
a device housing (Fig. 1 #11 housing), and a power supply (Fig. 1 #14 electrical energy storage device) electrically connected to the heating element (Fig. 1 #21 heating element) to supply an electric current to the at least one PTC thermistor,
wherein the method comprises the steps of:
determining a maximum operating temperature for the aerosol-forming substrate comprised in the aerosol-generating article (Col. 5 lines 4-7 ---"The evaporation temperature preferably lies in the range between 100° C. and 400° C., more preferably between 150° C. and 350° C., still more preferably between 190° C. and 290° C.”; The operator can choose the maximum operating temperature based on the range of evaporation temperatures as disclosed above.);
and supplying an electric current to the at least one PTC thermistor, by means of the power supply (Fig. 1 #14 electrical energy storage device), the electric current having a constant voltage (Col. 2 lines 7-10 ---"Rather, the heating voltage can remain substantially constant and the temperature control is achieved by simply switching the current flow through the heating element off or on.”),
such that a resistance of the at least one PTC thermistor increases when a temperature of the at least one PTC thermistor increases within a stabilised temperature range, a lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice a value of the minimum resistance of the at least one PTC thermistor, the constant voltage being such that the reference temperature of the PTC thermistor is the maximum operating temperature for the aerosol-forming substrate (This limitation is an explanation of the typical behavior of a PTC heater operating a constant voltage. Haerdtl Fig. 1 ---"In the non-isothermal process, the BaTiO .sub.3 PTC ceramic with the catalyst layer applied to the ceramic surface is brought to an optimum temperature T .sub.opt for the catalytic combustion by an external heater, which can also consist of a PTC ceramic. By means of mixed crystal formation with SrTiO .sub.3 or PbTiO .sub.3 , the BaTiO .sub.3 - PTC ceramic can be changed with regard to its temperature-resistance characteristic curve in such a way that T .sub.opt lies precisely in the steepest part of the PTC characteristic curve (see Fig. 1) / 6 /. In PTC ceramics, the characteristic variable is the reference temperature T .sub.b , which is defined as the temperature at which the reference resistance R .sub.b of the PTC ceramic has twice the value of the minimum resistance R .sub.min . The reference temperature indicates approximately the beginning of the steep positive increase in resistance of the BaTiO .sub.3 -PTC ceramic.”).
However, Rath does not disclose wherein the reference temperature is between 100 degrees Celsius and 350 degrees Celsius when a constant voltage of 3.3 Volts is applied to the at least one PTC thermistor.
Nonetheless, Deevi teaches wherein the reference temperature is between 100 degrees Celsius and 350 degrees Celsius when a constant voltage of 3.3 Volts is applied to the at least one PTC thermistor (Col. 5 lines 12-28 ---" The resistivity of an individual heating segment must be such that when current flows through a given segment a temperature sufficient to induce the flavor-generating medium to produce an aerosol or flavor or vapor is achieved; typically this temperature is between 100.degree. C. and 600.degree. C., preferably between 250.degree. -500.degree. C. and most preferably cannot be so high as to impede the heating of the flavor-generating medium, using multiple batteries. Nor can it be so low that the power consumption requirement of the segment exceeds the capacity of the source. Typically, heating segments having resistances between 0.2 and 20.0 ohms, and preferably between 0.5 and 1.5 ohms, and most preferably between 0.8 and 1.2 ohms, can achieve such operating temperatures when connected across a potential of between 2.4 and 9.6 volts.” PTC heaters are resistive heaters. There is no difference in the way that a PTC heater is powered verses a non-PTC heater.).
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 of Rath by incorporating the operation range of the heater as taught by Deevi for the purpose of generating a vapor without burning the flavor-generating medium.
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rath et al (US 12,075,840) in view of Deevi et al (US 5,224,498) and Brooks et al (US 4,947,875), as evidenced by Haerdtl et al (DE 3606500 A1).
Regarding claim 31, Rath discloses wherein the aerosol-generating system comprises:
an aerosol-generating article (Fig. 1 #10 cigarette product) comprising an aerosol-forming substrate (Fig. 1 #18 liquid reservoir), and an aerosol-generating device (Fig. 1 #20 vaporizer unit) comprising a heater (Fig. 1 #60 vaporizer) configured to heat the aerosol-forming substrate (Fig. 1 #18 liquid reservoir), wherein the heater (Fig. 1 #60 vaporizer) comprises: a heating element (Fig. 1 #21 heating element) configured to heat the aerosol-forming substrate, the heating element (Fig. 1 #21 heating element) comprising at least one positive temperature coefficient (PTC) thermistor (Col. 6 lines 14-16 ---"It is assumed that the heating element 21 is a PTC resistor, i.e. a resistor made of a material with a positive temperature coefficient.”), the at least one PTC thermistor being configured to be supplied with an electric current so as to heat the at least one PTC thermistor.
wherein the reference temperature is between 100 degrees Celsius and 350 degrees Celsius when a constant voltage of 3.3 Volts is applied to the at least one PTC thermistor, wherein a resistance of the at least one PTC thermistor increases when a temperature of the at least one PTC thermistor increases within a stabilised temperature range, a lower end of the stabilised temperature range being, when a constant voltage is applied to the at least one PTC thermistor, a reference temperature at which the resistance of the at least one PTC thermistor is twice a value of a minimum resistance of the at least one PTC thermistor (This limitation is an explanation of the typical behavior of a PTC heater operating a constant voltage. Haerdtl Fig. 1 ---"In the non-isothermal process, the BaTiO .sub.3 PTC ceramic with the catalyst layer applied to the ceramic surface is brought to an optimum temperature T .sub.opt for the catalytic combustion by an external heater, which can also consist of a PTC ceramic. By means of mixed crystal formation with SrTiO .sub.3 or PbTiO .sub.3 , the BaTiO .sub.3 - PTC ceramic can be changed with regard to its temperature-resistance characteristic curve in such a way that T .sub.opt lies precisely in the steepest part of the PTC characteristic curve (see Fig. 1) / 6 /. In PTC ceramics, the characteristic variable is the reference temperature T .sub.b , which is defined as the temperature at which the reference resistance R .sub.b of the PTC ceramic has twice the value of the minimum resistance R .sub.min . The reference temperature indicates approximately the beginning of the steep positive increase in resistance of the BaTiO .sub.3 -PTC ceramic.”),
wherein the aerosol-generating device (Fig. 1 #10 cigarette product)further comprises:
a device housing (Fig. 1 #11 housing), and a power supply (Fig. 1 #14 electrical energy storage device) electrically connected to the heating element (Fig. 1 #21 heating element) to supply an electric current to the at least one PTC thermistor.
However, Rath does not disclose wherein the reference temperature is between 100 degrees Celsius and 350 degrees Celsius when a constant voltage of 3.3 Volts is applied to the at least one PTC thermistor, the method further comprises the additional steps of: determining a first maximum operating temperature and a second maximum operating temperature for the aerosol-forming substrate comprised in the aerosol-generating article, selecting the first maximum operating temperature or the second maximum operating temperature, if the first maximum operating temperature is selected, supplying an electric current to the at least one PTC thermistor, by means of the power supply, the electric current having a first constant voltage, such that a resistance of the at least one PTC thermistor increases when a temperature of the at least one PTC thermistor increases within a stabilised temperature range, a lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice a value of the minimum resistance of the at least one PTC thermistor, the first constant voltage being such that the reference temperature of the PTC thermistor is the first maximum operating temperature for the aerosol-forming substrate, and if the second maximum operating temperature is selected, supplying an electric current to the at least one PTC thermistor, by means of the power supply, the electric current having a second constant voltage, such that the resistance of the at least one PTC thermistor increases when the temperature of the at least one PTC thermistor increases within a stabilised temperature range, the lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice the value of the minimum resistance of the at least one PTC thermistor, the second constant voltage being such that the reference temperature of the PTC thermistor is the second maximum operating temperature for the aerosol-forming substrate.
Nonetheless, Deevi teaches wherein the reference temperature is between 100 degrees Celsius and 350 degrees Celsius when a constant voltage of 3.3 Volts is applied to the at least one PTC thermistor (Col. 5 lines 12-28 ---" The resistivity of an individual heating segment must be such that when current flows through a given segment a temperature sufficient to induce the flavor-generating medium to produce an aerosol or flavor or vapor is achieved; typically this temperature is between 100.degree. C. and 600.degree. C., preferably between 250.degree. -500.degree. C. and most preferably cannot be so high as to impede the heating of the flavor-generating medium, using multiple batteries. Nor can it be so low that the power consumption requirement of the segment exceeds the capacity of the source. Typically, heating segments having resistances between 0.2 and 20.0 ohms, and preferably between 0.5 and 1.5 ohms, and most preferably between 0.8 and 1.2 ohms, can achieve such operating temperatures when connected across a potential of between 2.4 and 9.6 volts.” PTC heaters are resistive heaters. There is no difference in the way that a PTC heater is powered verses a non-PTC heater.).
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 of Rath by incorporating the operation range of the heater as taught by Deevi for the purpose of generating a vapor without burning the flavor-generating medium.
Furthermore, Brooks teaches the method comprising the steps of: measuring puff intensity when a puff is drawn during use of the aerosol-generating system (Col. 8 lines 1-5 ---"The other end of tube 48 is in airflow communication with pressure sensing switch 28, so that changes in air pressure which occur within the cartridge during draw can be sensed by the switch.”);
and determining a puff intensity threshold, such that, when the puff intensity is equal to or above the puff intensity threshold (Col. 11 lines 19-23 ---"Another suitable puff actuated mechanism is a sensitive pressure transducer (e.g., equipped with an amplifier or gain stage) which is in turn coupled with a comparator for detecting a predetermined threshold pressure.”),
the method further comprises the additional steps of: determining a first maximum operating temperature and a second maximum operating temperature for the aerosol-forming substrate comprised in the aerosol-generating article (Fig. 11 shows maximum temperatures for at least two scenarios; The maximum temperature is chosen by the operator.) selecting the first maximum operating temperature or the second maximum operating temperature (The operator chooses the first or second maximum temperature.),
if the first maximum operating temperature is selected, supplying an electric current to the at least one PTC thermistor, by means of the power supply, the electric current having a first constant voltage, such that a resistance of the at least one PTC thermistor increases when a temperature of the at least one PTC thermistor increases within a stabilised temperature range, a lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice a value of the minimum resistance of the at least one PTC thermistor, the first constant voltage being such that the reference temperature of the PTC thermistor is the first maximum operating temperature for the aerosol-forming substrate (This limitation is an explanation of the typical behavior of a PTC heater operating a constant voltage. Haerdtl Fig. 1 ---"In the non-isothermal process, the BaTiO .sub.3 PTC ceramic with the catalyst layer applied to the ceramic surface is brought to an optimum temperature T .sub.opt for the catalytic combustion by an external heater, which can also consist of a PTC ceramic. By means of mixed crystal formation with SrTiO .sub.3 or PbTiO .sub.3 , the BaTiO .sub.3 - PTC ceramic can be changed with regard to its temperature-resistance characteristic curve in such a way that T .sub.opt lies precisely in the steepest part of the PTC characteristic curve (see Fig. 1) / 6 /. In PTC ceramics, the characteristic variable is the reference temperature T .sub.b , which is defined as the temperature at which the reference resistance R .sub.b of the PTC ceramic has twice the value of the minimum resistance R .sub.min . The reference temperature indicates approximately the beginning of the steep positive increase in resistance of the BaTiO .sub.3 -PTC ceramic.”),
and if the second maximum operating temperature is selected, supplying an electric current to the at least one PTC thermistor, by means of the power supply, the electric current having a second constant voltage, such that the resistance of the at least one PTC thermistor increases when the temperature of the at least one PTC thermistor increases within a stabilised temperature range, the lower end of the stabilised temperature range being a reference temperature at which the resistance of the at least one PTC thermistor is twice the value of the minimum resistance of the at least one PTC thermistor, the second constant voltage being such that the reference temperature of the PTC thermistor is the second maximum operating temperature for the aerosol-forming substrate (This limitation is an explanation of the typical behavior of a PTC heater operating a constant voltage. Haerdtl Fig. 1 ---"In the non-isothermal process, the BaTiO .sub.3 PTC ceramic with the catalyst layer applied to the ceramic surface is brought to an optimum temperature T .sub.opt for the catalytic combustion by an external heater, which can also consist of a PTC ceramic. By means of mixed crystal formation with SrTiO .sub.3 or PbTiO .sub.3 , the BaTiO .sub.3 - PTC ceramic can be changed with regard to its temperature-resistance characteristic curve in such a way that T .sub.opt lies precisely in the steepest part of the PTC characteristic curve (see Fig. 1) / 6 /. In PTC ceramics, the characteristic variable is the reference temperature T .sub.b , which is defined as the temperature at which the reference resistance R .sub.b of the PTC ceramic has twice the value of the minimum resistance R .sub.min . The reference temperature indicates approximately the beginning of the steep positive increase in resistance of the BaTiO .sub.3 -PTC ceramic.”).
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 method of Rath by incorporating the measuring of and determining a puff intensity threshold and control of the heater based on the puff intensity threshold as taught by Brooks for the benefit of providing acceptable flavor delivery to the user, especially a 6 to 10 puff, or greater, product life.
Conclusion
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.
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.
/JOE E MILLS JR./ Examiner, Art Unit 3761
Prosecution Insights