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 .
Status of the Claims
Claims 56-77 are pending and are subject to this Office Action. Claim 57 is amended.
Response to Amendments
The amendments to the claims filed on October 22, 2025 are acknowledged.
Response to Arguments
Applicant's arguments filed October 22, 2025 have been fully considered but they are not persuasive.
On pg. 7, Applicant argues that the combination of Lee and Stura is improper because Stura does not disclose the provision of two coils wherein one has a fixed pitch and the other has a variable pitch. Examiner respectfully disagrees with the argument because, while Stura discloses a variable pitch coil in one embodiment and discloses two coils having different pitches in a separate embodiment, Stura provides motivation to provide the two coils of Lee wherein one has a fixed pitch and the other has a variable pitch. Specifically, Lee discloses an aerosol provision device including a first and second coil configured to heat a heater component ([0094]-[0096], Fig. 8; Aerosol-generating device 1 comprises first coil 830, second coil 850, and susceptor 810 (heater component)). Stura demonstrates that induction coils having different pitches generate different strength magnetic fields and lead to different temperatures in adjacent portions of the heating element (Stura, [0016]), and states that a coil having a varying pitch produces temperature gradient in the heating element during operation of the induction heater (Stura, [0016]). Therefore, one of ordinary skill in the art would have been motivated to provide the first and second coils having different pitches, wherein the second coil has a first number of turns with a first pitch, and a second number of turns with a second pitch, wherein the second pitch is greater than the first pitch, wherein the first coil has a third pitch in order to optimize the temperatures and heating gradients produced in the heater component of Lee. Regardless of the specific configuration and mode of using the device of Stura, Stura has only been relied upon for the disclosures that multiple coils having different pitches or a variable pitch
On pg. 7-8, Applicant argues that as the solutions of Lee relate to electronic controls, one of ordinary skill in the art would not have been motivated to consider the teaching of Stura which relates to physical or hardware modification. Examiner respectfully disagrees with the argument because, as stated on the non-final rejection dated 7/22/2025, Lee and Stura have been combined because they are both directed to aerosol provision devices, Stura demonstrates that induction coils having different pitches generate different strength magnetic fields and lead to different temperatures in adjacent portions of the heating element (Stura, [0016]), and states that a coil having a varying pitch produces temperature gradient in the heating element during operation of the induction heater (Stura, [0016]). While Lee relates to electric controls, the disclosures of Stura would have motivated a skilled artisan to optimize the temperatures and heating gradients produced in the heater component of Lee by altering the pitches of the coils.
On pg. 8, Applicant argues that the Examiner's assertion that the skilled person would obviously combine these two embodiments to arrive at one coil having a fixed pitch and the other coil having a variable pitch is not supported by any teaching in the references themselves, and comes only from the pending application or hindsight. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Specifically, the disclosures Lee and Stura have been combined because Stura demonstrates that induction coils having different pitches generate different strength magnetic fields and lead to different temperatures in adjacent portions of the heating element (Stura, [0016]), and states that a coil having a varying pitch produces temperature gradient in the heating element during operation of the induction heater (Stura, [0016]).
On pg. 8, Applicant argues that Claim 76 is novel and non-obvious over Lee, Stura, and Batista because Batista discloses a conical coil in which the coil pitch is constant along the length of the coil, and the radius of the coil turns gradually decreases along its length. Applicant further argues that Batista teaches away from modifying coil pitch because different heating effects along the length of the coil are obtained by the conical coil shape. Examiner respectfully disagrees with the arguments because the disclosure of one method of generating a heating effect does not teach away from applying another method of generating a different heating effect to produce a combined heating effect. As stated on the non-final rejection dated 7/22/2025, one of ordinary skill in the art would have been motivated to combine Lee, Stura, and Batista to yield to device of Claim 76 because Lee, Stura, and Batista are both directed to aerosol-provision devices, Batista demonstrates that winding the coil more tightly towards the mouth end of the aerosol provision device generates a heat gradient in the heater component and the heating characteristics of the heating element can be controlled (Batista, [0006], [0013]), and Stura states that providing the induction coil with different pitches produces a heat gradient in the heater component (Stura, [0016]-[0017]). Therefore, winding the second coil more tightly towards the mouth end would provide an additional method of generating the heat gradient.
The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 56-62, 64-65, 67, 70-75, and 77 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2021/0219617 A1) in view of Stura (US 2020/0237000 A1).
Regarding Claim 56, Lee, directed to aerosol provision devices ([0001]), teaches an aerosol provision system ([0094]-[0095], Fig. 8; Aerosol-generating device 1 is configured to receive a cigarette including an aerosol-generating substrate, wherein the aerosol-generating substrate is heated by susceptor 810 to generate (provide) an aerosol. Aerosol-generating device 1 and the cigarette form an aerosol provision system), comprising
an aerosol provision device defining a longitudinal axis ([0094]-[0095], Fig. 8; The aerosol provision system comprises aerosol-generating device 1. Aerosol-generating device 1 defines a longitudinal axis from left to right as depicted in Fig. 8) and
a heater component ([0094]-[0096], Fig. 8; Aerosol-generating device 1 comprises susceptor 810 (heater component), which generates heat when inductively heated by first coil 830 and second coil 850), the aerosol provision device comprising:
a first coil, a second coil and a controller ([0094] Fig. 8; Aerosol-generating device 1 comprises first coil 830, second coil 850, and controller 12), wherein:
the first coil is configured to heat a first section of a heater component ([0094]-[0097], Fig. 8; First coil 830 is configured to heat the upper (first) section of susceptor 810 (heater component)),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0094]-[0096], Fig. 8; Susceptor 810 (heater component) is configured to heat an aerosol-generating substrate to generate an aerosol);
the second coil is configured to heat a second section of the heater component ([0094]-[0097], Fig. 8; Second coil 850 is configured to heat the lower (second) section of susceptor 810 (heater component)); and
the first coil is adjacent the second coil in a direction along the longitudinal axis ([0094]-[0097], Fig. 8; First coil 830 and second coil 850 are adjacent to each other in a direction along the longitudinal axis of aerosol generating device 1. [0098], Bobbin 870 serves as a bobbin for winding the first coil 830 and the second coil 850 smoothly); and
wherein the controller is configured to control when each of the first coil and the second coil is operated ([0094], Fig. 8; Controller 12 performs the same functions as those described with reference to FIGS. 1 to 7. [0076]-[0080], [0082], [0087], Fig. 6; Controller 12 controls the amount of power supplied to first coil 13a and second coil 13b. Pulse width modulation processing unit 14a allows the controller 12 to control the power supplied to the first coil 13a and the second coil 13b by transmitting PWM (Pulse Width Modulation) signals to the first coil 13a and the second coil 13b. Controller 12 may control opening and closing of a switch 19 so that a PWM signal may be transmitted to one of the first coil 13a and the second coil 13b),
but does not teach the system wherein the first and second coils have different pitches, wherein the second coil has a first number of turns with a first pitch, and a second number of turns with a second pitch, wherein the second pitch is greater than the first pitch, wherein the first coil has a third pitch.
Stura, directed to aerosol provision devices ([0001]), teaches an aerosol provision system ([0030], [0041]-[0045], Figs. 4a-4c; Aerosol-generating device 16 is configured to receive consumable 38 such that consumable 38 may be heated by heating element 26. [0025], Consumable 38 comprises an aerosol generating substrate which generates an aerosol when heated. Aerosol-generating device 16 and consumable 38 form an aerosol provision system), comprising
an aerosol provision device defining a longitudinal axis ([0041], [0045], Figs. 2 and 4; Aerosol-generating device 16 defines a longitudinal axis from the right to left in Figs. 2 and 4 (bottom to top of the device)) and
a heater component ([0041]-[0045], Figs. 2c, 3-6; Aerosol-generating device 16 includes heating element 26), the aerosol provision device comprising:
a first coil and a second coil ([0041]-[0047], Figs. 4, 5a, 6; Aerosol-generating device 16 comprises first induction coil 36.1 and second induction coil 36.2),
wherein: the first coil and the second coil are configured to heat the heater component ([0046]-[0047], Figs. 5a, 6; First induction coil 36.1 and second induction coil 36.2 are configured to heat heating element 26),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0006], [0045], Fig. 4; Heating element 26 is configured to heat consumable 38 to generate an aerosol. Consumable 38 is an aerosol-generating article);
the first coil is adjacent the second coil in a direction along the longitudinal axis ([0046]-[0047], Figs. 5a, 6; First induction coil 36.1 is adjacent to second induction coil 36.2 in a direction along the longitudinal axis (bottom to top of the device as shown in Fig. 5a));
wherein the first and second coils have different pitches ([0046]-[0047], Figs. 5a, 6; First and second induction coils 36.1, 36.2 have different pitches), or
wherein the first and second coils have a pitch that varies across its length ([0016], [0047], Fig. 6; The coils 36.1, 36.2 have a pitch that varies across its length).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system taught by Lee wherein the first and second coils have different pitches as taught by Stura because Lee and Stura are directed to aerosol provision devices, Stura demonstrates that induction coils having different pitches generate different strength magnetic fields and lead to different temperatures in adjacent portions of the heating element (Stura, [0016]), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system wherein the second coil has a varying pitch such that the second coil has a first number of turns with a first pitch, and a second number of turns with a second pitch, where the second pitch is greater than the first pitch as taught by Stura because Stura states that a coil having a varying pitch produces temperature gradient in the heating element during operation of the induction heater (Stura, [0016]), a coil having a varying pitch would necessarily produce a coil having a first number of turns with a first pitch and a second number of turns with a second pitch wherein the second pitch is greater than the first pitch, and this involves substituting one coil configuration for another to yield predictable results.
Further, in the configuration of Lee in view of Stura wherein the first and second coils have different pitches, and wherein the second coil has a first number of turns with a first pitch, and a second number of turns with a second pitch, where the second pitch is greater than the first pitch, the first coil necessarily has a third pitch.
Regarding Claim 57, Lee in view of Stura teaches the aerosol provision system of claim 56, but does not teach the system wherein the second pitch is greater than the third pitch.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the aerosol provision system wherein the second pitch is greater than the third pitch because Lee demonstrates that there are only two coils (Lee, [0094]-[0097], Fig. 8; First coil 830 and second coil 850), and Lee has been modified in view of Stura such that one coil must have a greater pitch than the other coil and wherein the second coil has a first number of turns with a first pitch, and a second number of turns with a second pitch (Stura, [0016]). As there are only a finite number of options presented for the coil having a greater pitch and the relative pitches of the first and second number of turns, one of ordinary skill in the art would have had a reasonable expectation of success by selecting from this finite list of options, and thus it would have been obvious to try configuring the second pitch to be greater than the first pitch, as claimed, because there are a finite number of identified, predictable solutions.
Regarding Claim 58, Lee in view of Stura teaches the aerosol provision system of claim 56. Lee further teaches the system wherein, in use, the aerosol is drawn along a flow path of the device towards a proximal end of the device ([0094]-[0097], Aerosol generating device 1 comprises a housing (unlabelled) which is open at the proximal end (the right side as depicted in Fig. 8). Aerosol is drawn along a flow path of device 1 towards the proximal end of aerosol generating device 1 (the right side as depicted in Fig. 8)), and
the first coil is arranged closer to the proximal end of the device than the second coil ([0094]-[0097], Fig. 8; First coil 830 is arranged closer to the proximal end of the device than second coil 850).
Regarding Claim 59, Lee in view of Stura teaches the aerosol provision system of claim 58. Lee further teaches the system further comprising an opening arranged at the proximal end of the device ([0094]-[0097], Aerosol generating device 1 comprises a housing (unlabelled) which comprises an opening at the proximal end (the right side as depicted in Fig. 8),
wherein the first coil is positioned closer to the opening than the second coil ([0094]-[0097], Fig. 8; First coil 830 is arranged closer to the opening at the proximal end of the device than second coil 850).
Regarding Claim 60, Lee in view of Stura teaches the aerosol provision system of claim 56. Lee further teaches the system wherein the first and second coils are directly adjacent each other ([0094]-[0097], Fig. 8; First coil 830 and second coil 850 are adjacent to each other in a direction along the longitudinal axis of aerosol generating device 1. [0098], In Fig. 8, bobbin 870 is shown between first coil 830 and second coil 850. As bobbin 870 serves as a bobbin for winding the first coil 830 and the second coil 850 smoothly, it is reasonably understood that bobbin 870 is located below both first coil 830 and second coil 850. As [0020] states that at least two of the plurality of coils are arranged to overlap, and Lee does not explicitly state that bobbin 870 divides or separates first coil 830 and second coil 850, there must be embodiments of the invention of Lee wherein first coil 830 and second coil 850 are directly adjacent each other).
Regarding Claim 61, Lee in view of Stura teaches the aerosol provision system of claim 56. Stura further teaches the system wherein the second coil has a pitch that varies across its length ([0047], Fig. 6; The coils 36.1, 36.2 have a pitch that varies across their respective lengths. Lee has been modified in view of Stura in Claim 56 such that the second coil has a pitch that varies across its length).
Regarding Claim 62, Lee in view of Stura teaches the aerosol provision system of claim 56, but does not teach the system wherein the second coil has a first number of turns with a first pitch, and a second number of turns with a second pitch, where the second pitch is greater than the first pitch ([0047], Fig. 6; The coils 36.1, 36.2 have a pitch that varies across their respective lengths. Lee has been modified in view of Stura in Claim 56 such that the second coil has a first number of turns with a first pitch, and a second number of turns with a second pitch, where the second pitch is greater than the first pitch).
Regarding Claim 64, Lee in view of Stura teaches the aerosol provision system of claim 56. Lee further teaches the system wherein the heater component is a susceptor arrangement ([0094]-[0096], Fig. 8; Aerosol-generating device 1 comprises susceptor 810 (heater component), which generates heat when inductively heating by first coil 830 and second coil 850).
Regarding Claim 65, Lee in view of Stura teaches the aerosol provision system of claim 64. Lee further teaches the system wherein the susceptor arrangement comprises a single susceptor comprising a first section of the heater component configured to be heated by the first coil, and a second section of the heater component configured to be heated by the second coil ([0094]-[0097], Fig. 8; Susceptor 810 is a single susceptor comprising an upper (first) section of susceptor 810 (heater component) configured to be heated by first coil 830, and a lower (second) section of susceptor 810 (heater component) configured to be heated second coil 850).
Regarding Claim 67, Lee in view of Stura teaches the aerosol provision system of claim 56. Lee further teaches the system comprising a heater component configured to heat aerosol generating material to generate an aerosol ([0094]-[0096], Fig. 8; Susceptor 810 (heater component) is configured to heat an aerosol-generating substrate to generate an aerosol).
Regarding Claim 70, Lee in view of Stura teaches the aerosol provision system according to claim 56. Lee further teaches the system wherein the first coil comprises a different number of turns than the second coil ([0016], [0094]-[0097], Fig. 8; First 830 and second coil 850 may have a different number of windings (turns)).
Regarding Claim 71, Lee in view of Stura teaches the aerosol provision system of claim 56. Lee further teaches the system wherein the first and second coils are separate from one another ([0094]-[0097], Fig. 8; First coil 830 and second coil 850 are separate from one another).
Regarding Claim 72, Lee in view of Stura teaches the aerosol provision system of claim 56. Lee further teaches the system wherein the first and second coils are independently operable ([0094], Fig. 8; Controller 12 performs the same functions as those described with reference to FIGS. 1 to 7. [0076]-[0080], [0082], [0087], Fig. 6; Controller 12 controls the amount of power supplied to first coil 13a and second coil 13b. Pulse width modulation processing unit 14a allows the controller 12 to control the power supplied to the first coil 13a and the second coil 13b by transmitting PWM (Pulse Width Modulation) signals to the first coil 13a and the second coil 13b. Controller 12 may control opening and closing of a switch 19 so that a PWM signal may be transmitted to one of the first coil 13a and the second coil 13b. First coil 830 and second coil 830 are therefore independently operable).
Regarding Claim 73, Lee in view of Stura teaches the aerosol provision system according to claim 56. Lee further teaches the system wherein the first and second coils are independently operable ([0094], Fig. 8; Controller 12 performs the same functions as those described with reference to FIGS. 1 to 7. [0076]-[0080], [0082], [0087], Fig. 6; Controller 12 controls the amount of power supplied to first coil 13a and second coil 13b. Pulse width modulation processing unit 14a allows the controller 12 to control the power supplied to the first coil 13a and the second coil 13b by transmitting PWM (Pulse Width Modulation) signals to the first coil 13a and the second coil 13b. Controller 12 may control opening and closing of a switch 19 so that a PWM signal may be transmitted to one of the first coil 13a and the second coil 13b. First coil 830 and second coil 830 are therefore independently operable),
but does not teach the system wherein the first and second coils are operated sequentially.
It would have been obvious to one of ordinary skill in the art to operate the first and second coils sequentially because the coils of Lee have been modified in view of Stura such that the induction coils have different pitches to produce a heat gradient in the heater component (Stura, [0016]-[0017]), and operating the first and second coils sequentially would allow one of ordinary skill to optimize the heating gradient within the heater component to improve the heating rate and/or the heating efficiency of the device.
Regarding Claim 74, Lee in view of Stura teaches the aerosol provision system of claim 56. Lee further teaches the system wherein the first coil has a first length along the longitudinal axis and the second coil has a second length along the longitudinal axis ([0094]-[0097], Fig. 8; First coil 830 has a first length along the longitudinal axis. Second coil 830 has a second length along the longitudinal axis),
wherein the first length and the second length may be different values ([0021]),
but does not teach the system wherein the first length is shorter than the second length.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system wherein the first length is shorter than the second length because Stura states that the induction coils have different pitches to produce a heat gradient in the heater component (Stura, [0016]-[0017]), and changing the lengths of the first and second coils such that a first length is shorter than a second length would allow one of ordinary skill to optimize the heating gradient within the heater component to improve the heating rate and/or the heating efficiency of the device.
Regarding Claim 75, Lee in view of Stura teaches the aerosol provision system of claim 56. Lee further teaches the system comprising an article comprising aerosol-generating material ([0094]-[0095], Fig. 8; Aerosol-generating device 1 is configured to receive a cigarette including an aerosol-generating substrate. Aerosol-generating device 1 and the cigarette form the aerosol provision system).
Regarding Claim 77, Lee, directed to aerosol provision devices ([0001]), teaches an aerosol provision system ([0094]-[0095], Fig. 8; Aerosol-generating device 1 is configured to receive a cigarette including an aerosol-generating substrate, wherein the aerosol-generating substrate is heated by susceptor 810 to generate (provide) an aerosol. Aerosol-generating device 1 and the cigarette form an aerosol provision system), comprising
an aerosol provision device defining a longitudinal axis ([0094]-[0095], Fig. 8; The aerosol provision system comprises aerosol-generating device 1. Aerosol-generating device 1 defines a longitudinal axis from left to right as depicted in Fig. 8), and
a heater component ([0094]-[0096], Fig. 8; Aerosol-generating device 1 comprises susceptor 810 (heater component), which generates heat when inductively heated by first coil 830 and second coil 850), the device comprising:
a first coil and a second coil ([0094] Fig. 8; Aerosol-generating device 1 comprises first coil 830 and second coil 850), wherein:
the first coil is configured to heat a first section of a heater component ([0094]-[0097], Fig. 8; First coil 830 is configured to heat the upper (first) section of susceptor 810 (heater component)),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0094]-[0096], Fig. 8; Susceptor 810 (heater component) is configured to heat an aerosol-generating substrate to generate an aerosol);
the second coil is configured to heat a second section of the heater component ([0094]-[0097], Fig. 8; Second coil 850 is configured to heat the lower (second) section of susceptor 810 (heater component)); and
the first coil is adjacent the second coil in a direction along the longitudinal axis ([0094]-[0097], Fig. 8; First coil 830 and second coil 850 are adjacent to each other in a direction along the longitudinal axis of aerosol generating device 1. [0098], Bobbin 870 serves as a bobbin for winding the first coil 830 and the second coil 850 smoothly); and
wherein the coils are configured to operate in two or more heating modes; and wherein, in one of the two or more heating modes, the coils are operated at the same time ([0094], Fig. 8; Aerosol-generating device 1 comprises controller 12. Controller 12 performs the same functions as those described with reference to FIGS. 1 to 7. [0076]-[0080], [0082], [0087], Fig. 6; Controller 12 controls the amount of power supplied to first coil 13a and second coil 13b. Pulse width modulation processing unit 14a allows the controller 12 to control the power supplied to the first coil 13a and the second coil 13b by transmitting PWM (Pulse Width Modulation) signals to the first coil 13a and the second coil 13b. Controller 12 may control opening and closing of a switch 19 so that a PWM signal may be transmitted to one of the first coil 13a and the second coil 13b. Either or both of the coils 13a, 13b (830, 850) may be supplied with power to heat the respective section of susceptor 810 (heater component). Example heating modes include supplying power to only first coil 13a (830), supplying power to only second coil 13b (850), or supplying power to both coils 13a, 13b (830, 850) at the same time),
but does not teach the system wherein the first and second coils have different pitches, wherein the second coil has a pitch that varies along its length, and at least one turn of the second coil has a pitch greater than the pitch of the first coil.
Stura, directed to aerosol provision devices ([0001]), teaches an aerosol provision system ([0030], [0041]-[0045], Figs. 4a-4c; Aerosol-generating device 16 is configured to receive consumable 38 such that consumable 38 may be heated by heating element 26. [0025], Consumable 38 comprises an aerosol generating substrate which generates an aerosol when heated. Aerosol-generating device 16 and consumable 38 form an aerosol provision system), comprising
an aerosol provision device defining a longitudinal axis ([0041], [0045], Figs. 2 and 4; Aerosol-generating device 16 defines a longitudinal axis from the right to left in Figs. 2 and 4 (bottom to top of the device)) and
a heater component ([0041]-[0045], Figs. 2c, 3-6; Aerosol-generating device 16 includes heating element 26), the aerosol provision device comprising:
a first coil and a second coil ([0041]-[0047], Figs. 4, 5a, 6; Aerosol-generating device 16 comprises first induction coil 36.1 and second induction coil 36.2),
wherein: the first coil and the second coil are configured to heat the heater component ([0046]-[0047], Figs. 5a, 6; First induction coil 36.1 and second induction coil 36.2 are configured to heat heating element 26),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0006], [0045], Fig. 4; Heating element 26 is configured to heat consumable 38 to generate an aerosol. Consumable 38 is an aerosol-generating article);
the first coil is adjacent the second coil in a direction along the longitudinal axis ([0046]-[0047], Figs. 5a, 6; First induction coil 36.1 is adjacent to second induction coil 36.2 in a direction along the longitudinal axis (bottom to top of the device as shown in Fig. 5a));
wherein the first and second coils have different pitches ([0046]-[0047], Figs. 5a, 6; First and second induction coils 36.1, 36.2 have different pitches), or
wherein the second coil has a pitch that varies across its length ([0016], [0047], Fig. 6; The coils 36.1, 36.2 have a pitch that varies across its length).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system taught by Lee wherein the first and second coils have different pitches as taught by Stura because Lee and Stura are directed to aerosol provision devices, Stura demonstrates that induction coils having different pitches generate different strength magnetic fields and lead to different temperatures in adjacent portions of the heating element (Stura, [0016]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system wherein the second coil has a pitch that varies along its length because Stura states that a coil having a varying pitch produces temperature gradient in the heating element during operation of the induction heater (Stura, [0016]), and this involves substituting one coil configuration for another to yield predictable results.
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the aerosol provision system wherein at least one turn of the second coil has a pitch greater than the pitch of the first coil because Lee demonstrates that there are only two coils (Lee, [0094]-[0097], Fig. 8; First coil 830 and second coil 850), and Lee has been modified in view of Stura such that one coil must have a greater pitch than the other coil and wherein the second coil has a pitch that varies across its length (Stura, [0016]). As there are only a finite number of options presented for the coil having a greater pitch and the relative pitches of the turns of the second coil, one of ordinary skill in the art would have had a reasonable expectation of success by selecting from this finite list of options, and thus it would have been obvious to try configuring the second coil to have a pitch greater than the pitch of the first coil, as claimed, because there are a finite number of identified, predictable solutions.
Claim 63 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2021/0219617 A1) in view of Stura (US 2020/0237000 A1) as applied to Claim 62, and further in view of Batista (US 2020/0236998 A1).
Regarding Claim 63, Lee in view of Stura does not teach the system wherein the second coil is more tightly wound towards one end of the second coil.
Batista, directed to aerosol provision devices ([0001], An aerosol generating device is an aerosol provision device), teaches an aerosol provision device ([0045], Figs. 4a-4c; Aerosol-generating device 32), the device comprising:
a coil configured to heat a heater component ([0045], Figs. 4a-4c; Aerosol-generating device 32 comprises induction coil 30 configured to heat heating element 28),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0045]-[0046], Fig. 4b; Heating element 28 is configured to heat consumable 42 comprising an aerosol-forming substrate to generate an aerosol);
wherein the coil is more tightly wound towards one end of the coil ([0045], Figs. 4a-4c; Induction coil 30 has a conical shape, wherein the coil is more tightly wound toward the proximal (top) end of the coil).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device taught by Lee in view of Stura wherein the second coil is more tightly wound towards one end of the second coil as taught by Batista because Lee, Stura, and Batista are both directed to aerosol-provision devices, Batista demonstrates that winding the coil more tightly towards one end of the coil generates a heat gradient in the heater component and the heating characteristics of the heating element can be controlled (Batista, [0006], [0013]), and Stura states that providing the induction coil with different pitches produces a heat gradient in the heater component (Stura, [0016]-[0017]). Therefore, winding the second coil is more tightly towards one end of the second coil would provide an additional method of generating the heat gradient.
Claims 66 and 69 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2021/0219617 A1) in view of Stura (US 2020/0237000 A1) as applied to Claim 64, and further in view of Mironov-348 (US 2020/0060348 A1).
Regarding Claim 66, Lee in view of Stura does not teach the device wherein the susceptor arrangement comprises a first susceptor and a second susceptor in axial alignment, the first coil configured to heat the first susceptor, and the second coil configured to heat the second susceptor.
Mironov-348, directed to aerosol provision devices ([0001], An aerosol generating device is an aerosol provision device), teaches an aerosol provision device defining a longitudinal axis ([0103], Fig. 2; Aerosol generating device 100 defines a longitudinal axis (vertical axis as shown in Fig. 2)), the device comprising:
a first coil and a second coil ([0118], Fig. 2; Aerosol generating device 100 comprises first inductor coil 115 and second inductor coil 125), wherein:
the first coil is configured to heat a first section of a heater component ([0117]-[0120], Fig. 2; First inductor coil 115 heats first susceptor 215. First susceptor 215 and second susceptor 225 form the heater component because a heater component can comprise a susceptor arrangement; see instant claim 66),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0104], [0117]-[0121], Fig. 2; First susceptor 215 and second susceptor 225 heat article 200 comprising aerosol-forming substrates to generate an aerosol);
the second coil is configured to heat a second section of the heater component ([0117]-[0120], Fig. 2; Second inductor coil 125 heats second susceptor 225); and
wherein the heater component is a susceptor arrangement ([0117]-[0120], Fig. 2; Susceptors 215 and 225 form the heater component),
wherein the susceptor arrangement comprises a first susceptor and a second susceptor in axial alignment ([0117]-[0120], Fig. 2; Susceptor arrangement comprises first susceptor 215 and second susceptor 225 form the heater component which are aligned along the longitudinal axis),
the first coil configured to heat the first susceptor ([0117]-[0120], Fig. 2; First inductor coil 115 heats first susceptor 215), and
the second coil configured to heat the second susceptor ([0117]-[0120], Fig. 2; Second inductor coil 125 heats second susceptor 225),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device taught by Lee in view of Stura wherein the susceptor arrangement comprises a first susceptor and a second susceptor in axial alignment, the first coil configured to heat the first susceptor, and the second coil configured to heat the second susceptor as taught by Mironov-348 because Lee, Stura, and Mironov-348 are directed to aerosol provision devices, Mironov-348 demonstrates that providing the susceptor arrangement in this configuration advantageously enhances the heating efficiency of the device (Mironov-348, [0029], [0094]), and this involves substituting one susceptor arrangement for another to yield predictable results.
Regarding Claim 69, Lee further teaches the aerosol provision device wherein the device is arranged to receive an article comprising aerosol generating material ([0094]-]0095], Fig. 8; Aerosol-generating device 1 is configured to receive a cigarette comprising an aerosol generating substrate),
but does not teach the device wherein the article comprises the susceptor arrangement.
Mironov-348, directed to aerosol provision devices ([0001], An aerosol generating device is an aerosol provision device), teaches an aerosol provision device defining a longitudinal axis ([0103], Fig. 2; Aerosol generating device 100 defines a longitudinal axis (vertical axis as shown in Fig. 2)), the device comprising:
a first coil and a second coil ([0118], Fig. 2; Aerosol generating device 100 comprises first inductor coil 115 and second inductor coil 125),
wherein the first and second coil are configured to heat a susceptor arrangement ([0117]-[0120], Fig. 2; First inductor coil 115 heats first susceptor 215, and second inductor coil 125 heats second susceptor 225)
wherein the device is arranged to receive an article comprising aerosol generating material ([0104], Figs. 1-2; Aerosol-generating device 100 comprises a corresponding first and second receiving zone 110, 120 for receiving the first and second aerosol-forming substrate 211, 221 belonging to article 200),
wherein the article comprises the susceptor arrangement ([0017], Fig. 2; Both first susceptor 215 and second susceptor 225 may be within article 200).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device taught by Lee in view of Stura wherein the article comprises the susceptor arrangement as taught by Mironov-348 because Lee, Stura, and Mironov-348 are directed to aerosol provision devices, the device taught by Lee requires the user to push the article over the susceptor arrangement such that the susceptor penetrates the article ([0094]-]0095], Fig. 8; A cigarette comprising an aerosol-generating substrate must be pushed over susceptor 810), and providing the article comprising the susceptor arrangement would increase the ease of assembly and operation of the aerosol-generating device taught by Lee in view of Stura.
Claim 68 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2021/0219617 A1) in view of Stura (US 2020/0237000 A1) as applied to Claim 67, and further in view of Wu (US 2019/0191767 A1).
Regarding Claim 68, Lee in view of Stura does not teach the system wherein the heater component defines a receptacle and the heater component is arranged to receive the aerosol generating material.
Wu, directed to aerosol provision devices ([0033], [0042], [0052], Fig. 1; Smoking set 100 produces an aerosol, smoke, or smog, all of which are aerosols), teaches an aerosol provision device defining a longitudinal axis ([0033], [0042], [0052], Fig. 1; Smoking set 100. The longitudinal axis is the vertical axis in Fig. 1), the device comprising:
a first coil and a second coil ([0033]-[0034], [0036], Figs. 1-2; Smoking set 100 comprises electromagnetic inductive coil 110, which includes a first inductive coil 111, a second inductive coil 112), wherein:
the first coil is configured to heat a first section of a heater component ([0033]-[0034], [0036], Figs. 1-2; First inductive coil 111 is configured to heat the upper section of heater compartment 120),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0036], [0039], [0042], Figs. 1-2; Heater compartment 120 is configured to heat aerosol-formed materials such as tobacco bar, tobacco shreds, tobacco sheets, tobacco powders, etc to generate an aerosol);
the second coil is configured to heat a second section of the heater component ([0033]-[0034], [0036], Figs. 1-2; Second inductive coil 112 is configured to heat the lower section of heater compartment 120),
wherein the heater component defines a receptacle and the heater component is arranged to receive the aerosol generating material ([0036], [0039], [0042], Figs. 1-2; Heater compartment 120 includes wire-wound supporter 121 and heating tube 122 which define a receptacle that is arranged to receive the aerosol-formed materials such as tobacco bar, tobacco shreds, tobacco sheets, tobacco powders, etc),
wherein the heater component may include a heating plug-in component having fins ([0036], [0039], [0042], [0044], Figs. 2, 5-6; Heating compartment 120 includes wire-wound supporter 121 and heating plug-in component 123 having fins 1231).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device taught by Lee in view of Stura wherein the heater component defines a receptacle and the heater component is arranged to receive the aerosol generating material as taught by Wu because Lee, Stura, and Wu are directed to aerosol provision devices, Wu demonstrates that heating plug-in component having fins increases the contact area for heating ([0036], [0039], [0042], [0044], Figs. 2, 5-6; Heating compartment 120 includes wire-wound supporter 121 and heating plug-in component 123 having fins 1231), and the heater component taught by Lee lacks a heating receptacle or fins ([0094]-[0097], Fig. 8; Susceptor 810 (heater component) has the shape of an obelisk). Therefore, one would have been motivated to provide the heater component taught by Lee in the configuration taught by Wu because both the receptacle and the fins would increase the contact area for heating relative to the heater component taught by Lee, thereby increasing the heating efficiency of the device.
Claim 76 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2021/0219617 A1) in view of Stura (US 2020/0237000 A1) and Batista (US 2020/0236998 A1).
Regarding Claim 76, Lee, directed to aerosol provision devices ([0001]), teaches an aerosol provision system ([0094]-[0095], Fig. 8; Aerosol-generating device 1 is configured to receive a cigarette including an aerosol-generating substrate, wherein the aerosol-generating substrate is heated by susceptor 810 to generate (provide) an aerosol. Aerosol-generating device 1 and the cigarette form an aerosol provision system), comprising
an aerosol provision device defining a longitudinal axis ([0094]-[0095], Fig. 8; The aerosol provision system comprises aerosol-generating device 1. Aerosol-generating device 1 defines a longitudinal axis from left to right as depicted in Fig. 8), and
defining a mouth end towards which aerosol is drawn ([0094]-[0099], Fig. 8; The aerosol provision system comprises aerosol-generating device 1. Aerosol-generating device 1 defines a mouth end towards which aerosol is drawn at the right end as depicted in Fig. 8), and
a heater component ([0094]-[0096], Fig. 8; Aerosol-generating device 1 comprises susceptor 810 (heater component), which generates heat when inductively heated by first coil 830 and second coil 850), the device comprising:
a first coil and a second coil ([0094] Fig. 8; Aerosol-generating device 1 comprises first coil 830 and second coil 850), wherein:
the first coil is configured to heat a first section of a heater component ([0094]-[0097], Fig. 8; First coil 830 is configured to heat the upper (first) section of susceptor 810 (heater component)),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0094]-[0096], Fig. 8; Susceptor 810 (heater component) is configured to heat an aerosol-generating substrate to generate an aerosol);
the second coil is configured to heat a second section of the heater component ([0094]-[0097], Fig. 8; Second coil 850 is configured to heat the lower (second) section of susceptor 810 (heater component)); and
the first coil is adjacent the second coil in a direction along the longitudinal axis ([0094]-[0097], Fig. 8; First coil 830 and second coil 850 are adjacent to each other in a direction along the longitudinal axis of aerosol generating device 1. [0098], Bobbin 870 serves as a bobbin for winding the first coil 830 and the second coil 850 smoothly); and
wherein in at least one heating mode the first coil and the second coil are configured to heat the heater component at the same time. ([0094], Fig. 8; Aerosol-generating device 1 comprises controller 12. Controller 12 performs the same functions as those described with reference to FIGS. 1 to 7. [0076]-[0080], [0082], [0087], Fig. 6; Controller 12 controls the amount of power supplied to first coil 13a and second coil 13b. Pulse width modulation processing unit 14a allows the controller 12 to control the power supplied to the first coil 13a and the second coil 13b by transmitting PWM (Pulse Width Modulation) signals to the first coil 13a and the second coil 13b. Either or both of the coils 13a, 13b (830, 850) may be supplied with power to heat the respective section of susceptor 810 (heater component) at the same time),
but does not teach the system i) wherein the first and second coils have different pitches, wherein the second coil has a pitch that varies along its length, and wherein the second coil has a first number of turns with a first pitch, and ii) wherein the second coil is more tightly wound towards the end of the second coil closer to the mouth end.
With respect to i), Stura, directed to aerosol provision devices ([0001]), teaches an aerosol provision system ([0030], [0041]-[0045], Figs. 4a-4c; Aerosol-generating device 16 is configured to receive consumable 38 such that consumable 38 may be heated by heating element 26. [0025], Consumable 38 comprises an aerosol generating substrate which generates an aerosol when heated. Aerosol-generating device 16 and consumable 38 form an aerosol provision system), comprising
an aerosol provision device defining a longitudinal axis ([0041], [0045], Figs. 2 and 4; Aerosol-generating device 16 defines a longitudinal axis from the right to left in Figs. 2 and 4 (bottom to top of the device)) and
a heater component ([0041]-[0045], Figs. 2c, 3-6; Aerosol-generating device 16 includes heating element 26), the aerosol provision device comprising:
a first coil and a second coil ([0041]-[0047], Figs. 4, 5a, 6; Aerosol-generating device 16 comprises first induction coil 36.1 and second induction coil 36.2),
wherein: the first coil and the second coil are configured to heat the heater component ([0046]-[0047], Figs. 5a, 6; First induction coil 36.1 and second induction coil 36.2 are configured to heat heating element 26),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0006], [0045], Fig. 4; Heating element 26 is configured to heat consumable 38 to generate an aerosol. Consumable 38 is an aerosol-generating article);
the first coil is adjacent the second coil in a direction along the longitudinal axis ([0046]-[0047], Figs. 5a, 6; First induction coil 36.1 is adjacent to second induction coil 36.2 in a direction along the longitudinal axis (bottom to top of the device as shown in Fig. 5a));
wherein the first and second coils have different pitches ([0046]-[0047], Figs. 5a, 6; First and second induction coils 36.1, 36.2 have different pitches), or
wherein the second coil has a pitch that varies across its length ([0016], [0047], Fig. 6; The coils 36.1, 36.2 have a pitch that varies across its length).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system taught by Lee wherein the first and second coils have different pitches as taught by Stura because Lee and Stura are directed to aerosol provision devices, Stura demonstrates that induction coils having different pitches generate different strength magnetic fields and leads to different temperature in adjacent portions of the heating element ([0016]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system wherein the second coil has a pitch that varies along its length because Stura states that a coil having a varying pitch produces temperature gradient in the heating element during operation of the induction heater (Stura, [0016]), and this involves substituting one coil configuration for another to yield predictable results. Additionally, a second coil having a variable pitch must necessarily have a first number of turns with a first pitch.
Lee in view of Stura does not teach the system ii) wherein the second coil is more tightly wound towards the end of the second coil closer to the mouth end.
With respect to ii), Batista, directed to aerosol provision devices ([0001], An aerosol generating device is an aerosol provision device), teaches an aerosol provision device defining a longitudinal axis ([0045], Figs. 4a-4c; Aerosol-generating device 32 defines a longitudinal axis (up and down as shown in Figs. 4a-4c)), and
defining a mouth end towards which aerosol is drawn ([0045]-[0046], Figs. 4a-4c; Aerosol-generating device 32 defines a mouth end towards which aerosol is drawn (at the bottom end as shown in Figs. 4a-4c)), the device comprising:
a coil configured to heat a heater component ([0045], Figs. 4a-4c; Aerosol-generating device 32 comprises induction coil 30 configured to heat heating element 28),
the heater component being configured to heat aerosol generating material to generate an aerosol ([0045]-[0046], Fig. 4b; Heating element 28 is configured to heat consumable 42 comprising an aerosol-forming substrate to generate an aerosol);
wherein the coil is more tightly wound towards the end of the coil closer to the mouth end ([0045], Figs. 4a-4c; Induction coil 30 has a conical shape, wherein the coil is more tightly wound toward its proximal end near the mouth end (at the bottom end as shown in Figs. 4a-4c)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device taught by Lee in view of Stura wherein the second coil is more tightly wound towards the end of the second coil closer to the mouth end as taught by Batista because Lee, Stura, and Batista are both directed to aerosol-provision devices, Batista demonstrates that winding the coil more tightly towards the mouth end of the aerosol provision device generates a heat gradient in the heater component and the heating characteristics of the heating element can be controlled (Batista, [0006], [0013]), and Stura states that providing the induction coil with different pitches produces a heat gradient in the heater component (Stura, [0016]-[0017]). Therefore, winding the second coil more tightly towards the mouth end would provide an additional method of generating the heat gradient.
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 JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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