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 1, and 3-21 are pending and are subject to this Office Action. Claim 1 is amended. Claim 2 is cancelled. Claim 21 is new.
Response to Amendments
The amendments to the claims filed on December 23, 2025 are acknowledged.
Response to Arguments
Applicant's arguments filed December 23, 2025 with respect to the rejection(s) of claims 1, and 3-20 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On pg. 10, Applicant argues that Liu fails to teach the claimed emitter because Liu’s heating element 5 heats the smokable material via heat conduction not but infrared radiation. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Liu has been combined with Yilmaz and Chen to yield the aerosol generating device claimed in amended Claim 1 (see non-final rejection dated 9/23/2025, rejections for claims 1, 15, and 16). Yilmaz demonstrates that infrared radiation is a suitable method of heating a smokable material such as tobacco for generating an aerosol (Yilmaz, [0054]-[0055]), and may be used to replace heating via thermal conduction or convection (Yilmaz, [0054]). Chen demonstrates that an infrared emitter formed by applying an infrared emission on the outer surface of a tubular base uniformly radiates and heats a smokable material received in the tubular base (Chen, [0040]-[0043], [0045], Fig. 1).
On pg. 10, Applicant argues that Liu does not disclose the claimed holding mechanism and annular space because the lower fixing base 2 of Liu includes a vent channel 201 and the air inlet gap 301 serves as an air channel. Examiner respectfully disagrees with the argument because while lower fixing base 2 and air inlet gap 301 form an air channel, it is noted that the features upon which applicant relies (i.e. the lack of an air channel) are not recited in the rejected claim(s). Because the lower fixing base 2 reads on the second support of the claimed holding mechanism and air inlet gap 301 reads on the annular space, unclaimed differences between Liu and the present invention cannot overcome a rejection based on the claimed limitations.
On pgs. 10-11, Applicant argues that Yilmaz teaches away from providing the heater 114 of Yilmaz as an infrared emission coating because disposing an infrared emission coating on wick 102 will impede the transmission of liquid 112. Examiner respectfully disagrees with the argument because the combination of Liu with Yilmaz only involves the replacement of the heating element 5 of Liu with an infrared emitter – and does not require any modifiations of the heater 114 of Yilmaz. As such, the arguments are moot.
On pg. 11, Applicant further argues that one of ordinary skill in the art does not have a motivation for replacing Liu’s heating element 5 with an infrared emitter with violate Liu’s heat conduction manner. Applicant further argues that because Liu belongs to the field of heat-not-burn devices while Yilmaz belongs to the field of liquid atomization, the combination of Liu and Yilmaz is hindered. Examiner respectfully disagrees with the argument because Yilmaz provides the motivation that infrared radiation is a suitable method of heating a smokable material such as tobacco for generating an aerosol (Yilmaz, [0054]-[0055]), and may be used to replace heating via thermal conduction or convection (Yilmaz, [0054]). While Examiner acknowledges the device of Yilmaz is capable of atomizing a liquid, the device of Yilmaz includes an infrared emitter arranged around a cavity configured to receive the smokable material, wherein the infrared emitter is configured to radiate infrared rays to the smokable material received in the cavity to heat the smokable material ([0037]-[0038], Figs. 1-3; Heater 114 which defines a channel 124 (cavity) configured to receive material element 126 (smokable material). [0054], Heater 114 may be an infrared emitter). As Yilmaz provides sufficient motivation for the combination, the arguments are unpersuasive.
On pg. 11, Applicant argues that the claimed annual spacing aims to prevent the smokable material being in contact with the tubular base to avoiding the generation of a burnt taste, while the channel 124 in Yilmaz functions as an airflow path, and Yilmaz does not care about the material element 126 being in contact with the heater 114. While the spacing shown in Liu or Yilmaz may serve different functions than the present invention, the Claim 1 only recites that an annular space exists between infrared emitter and the smokable material. Unclaimed differences or functions between Yilmaz and the present invention cannot overcome a rejection based on the claimed limitations.
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 1, 3, 7-8, 14-16, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109561737 A, Cited on the IDS dated 12/27/2023, English Translation cited by Examiner) in view of Yilmaz (US 2021/0084982 A1) and Chen (CN 110384264 A, English Translation).
Regarding Claim 1, Liu, directed to aerosol-generating devices ([0002]-[0006], [0033], [0036], Fig. 4 shows a low temperature electronic cigarette device for heating a smokable material (cigarette). Liu does not include the words burn, combust, or ignite, and therefore it is reasonably understood that the “smoke” generated by heating the smokable material is an aerosol), teaches an aerosol generating device for heating a smokable material to generate aerosol for smoking ([0033], Fig. 4; Device for heating a smokable material), comprising
a housing ([0033], Fig. 4; Device for heating a smokable material comprises a device housing 6);
wherein the housing is provided therein with: a cavity, being configured to receive the smokable material ([0033], Fig. 4; Device housing 6 is provided therein with a heating module as shown in Figs. 1-3. [0029]-[0030], Figs. 1-4; The heating module comprises a heating tube 3 having a cavity inside thereof being configured to receive smokable material 4. Upper fixing seat 1 forms part of the cavity because it receives and retains smokable material 4 within its bore);
a heater, being in a tubular shape which is around the cavity and extended along an axial direction of the cavity ([0029], Figs. 1-4; The heating module comprises a heating tube 3 (heater), being in a tubular shape which is around the cavity as described above, and extended along an axial direction of the cavity as shown in Figs. 1-4);
wherein the heater comprises a first end and a second end which are opposite along the axial direction of the cavity and the heater is configured to heat the smokable material received in the cavity ([0029], [0034], Figs. 1-4; Heating tube 3 (heater) comprises a first end (lower end, as shown in Figs. 3-4) and a second end (upper end, as shown in Figs. 3-4). Heating tube 3 (heater) is configured to heat the smokable material 4 received in the cavity),
wherein the heater comprising tubular base having an inner surface facing towards the cavity and an outer surface facing away from the cavity ([0029]-[0030], Figs. 1-4; Heating tube 3 (tubular base) having an inner surface facing towards the cavity and an outer surface facing away from the cavity);
a holding mechanism arranged around the cavity ([0029]-[0031], Figs. 1-4; The heating module comprises an upper fixing seat 1 fixedly connected to the upper end of the heating tube 3, and a lower fixing seat 2 fixedly connected to the lower end of the heating tube 3. Upper and lower fixing seats 1, 2 are arranged around the cavity to retain the position of heating tube 3. Upper fixing seat 1 comprises spaced protrusions 101 for clamping (holding) the smokable material 4);
wherein the holding mechanism comprises a first support at the first end and a second support at the second end ([0029]-[0031], Figs. 1-4; The holding mechanism as described above comprises lower fixing seat 2 (first support) at the first end (lower end), and upper fixing seat 1 (second support) at the second end (upper end));
the holding mechanism is configured to support the smokable material received in the cavity in a radial direction of the cavity to prevent the movement of the smokable material in the radial direction of the cavity ([0029]-[0031], Figs. 1-4; The protrusions 101 of upper fixing seat 1 (second support, holding mechanism) is configured to support the smokable material 4 received in the cavity in a radial direction of the cavity to prevent the movement of the smokable material 4 in the radial direction of the cavity);
wherein in the radial direction of the cavity, a distance between the inner surface of the heater and a central axis of the cavity is larger than the shortest distance between the holding mechanism and the central axis of the cavity, so that an annular space is maintained between the smokable material and the inner surface of the heater when the smokable material is received in the cavity ([0029]-[0031], Figs. 1-4; In the radial direction of the cavity, a distance between an inner surface of heating tube 3 (heater) and a central axis of the cavity is larger than the shortest distance between protrusions 101 of upper fixing seat 1 (second support, holding mechanism) and the central axis of the cavity, so that an annular space is maintained between the smokable material 4 and the inner surface of heating tube 3 (heater) when the smokable material 4 is received in the cavity); and
but does not teach the aerosol generating device i) wherein the heater is an infrared emitter configured to radiate infrared rays to the smokable material received in the cavity to heat the smokable material, and wherein the distance between the inner surface of the infrared emitter and the central axis of the cavity is 0.5 mm to 10 mm larger than the shortest distance between the holding mechanism and the central axis of the cavity; and ii) wherein the infrared emitter further comprises an infrared emission coating disposed on the inner surface or the outer surface of the tubular base.
With respect to i), Yilmaz, directed to aerosol generating devices ([0001]-[0005]), teaches an aerosol generating device for heating a smokable material to generate aerosol for smoking ([0037]-[0038], Figs. 1-3; Aerosol generating apparatus 100 is a device comprising a heater 114 for heating a liquid 112 to generate an aerosol for smoking. [0054]-[0055], In alternate embodiments, the apparatus may use heater 114 for heating a material element 126 (tobacco, smokable material) to generate an aerosol for smoking), comprising
a cavity, being configured to receive the smokable material ([0037]-[0038], Figs. 1-3; Aerosol generating apparatus 100 (device) comprises a heater 114 which defines a channel 124 (cavity) configured to receive material element 126 (smokable material));
an infrared emitter arranged around the cavity ([0037]-[0038], [0045], [0063], Figs. 1-3; Aerosol generating apparatus 100 (device) comprises a heater 114 arranged around channel 124 (cavity). [0054], Heater 114 may be an infrared emitter);
wherein the infrared emitter is configured to radiate infrared rays to the smokable material received in the cavity to heat the smokable material ([0037]-[0038], [0054], Figs. 1-3; Heater 114 may be an infrared emitter configured to radiate infrared rays to material element 126 (smokable material) received in channel 124 (cavity) to heat the material element 126);
wherein an annular space is maintained between the smokable material and an inner surface of the infrared emitter when the smokable material is received in the cavity ([0037]-[0038], Figs. 1-3 show than an annular space is maintained between the material element 126 (smokable material) and the inner surface of heater 114 (infrared emitter) when material element 126 is received in channel 124 (cavity). [0048], Channel 124 has a diameter of 10 mm to 20 mm. [0065], A diameter of the material element 126 may be substantially equal, or slightly less than, a diameter of the channel 124. A diameter of the material element 126 (i.e. the diameter to the outer surface of the material element) may be in the range of from about 9 mm to 20 mm. If the material element 26 has a smaller diameter than the channel 124, an annular space must exist between the components); and
the distance between the inner surface of the infrared emitter and the central axis of the cavity is 0.5 mm to 10 mm larger than the shortest distance between the outer surface of the smokable material and the central axis of the cavity ([0048], Channel 124 (cavity) has a diameter of 10 mm to 20 mm. [0038], Heater 114 (infrared emitter) defines the channel; and therefore, the heater has an equal inner surface diameter. [0065], A diameter of the material element 126 (smokable material) may be substantially equal, or slightly less than, a diameter of the channel 124. A diameter of the material element 126 (i.e. the diameter to the outer surface of the material element) may be in the range of from about 9 mm to 20 mm. Based on the cited data, the distance between the inner surface of heater 114 (infrared emitter) and the central axis of the cavity is 5 mm to 10 mm; and the distance between the outer surface of the material element 126 and the central axis of the cavity is 4.5 mm to 10 mm. Therefore, there must be embodiments wherein the distance between the inner surface of the infrared emitter and the central axis of the cavity is 0.5 mm to 5.5 mm larger than the shortest distance between the outer surface of the smokable material and the central axis of the cavity).
It would have been obvious to one of ordinary skill in the art before the effective filing date to replace the heater of Liu with an infrared emitter as taught by Yilmaz because Liu and Yilmaz are directed to aerosol generating devices, Yilmaz demonstrates that infrared radiation is a suitable method of heating a smokable material such as tobacco for generating an aerosol (Yilmaz, [0054]-[0055]), and may be used to replace heating via thermal conduction or convection (Yilmaz, [0054]), and this involves substituting one heater for another 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 device of Liu wherein the distance between the inner surface of the infrared emitter and the central axis of the cavity is 0.5 mm to 10 mm larger than the shortest distance between the outer surface of the smokable material and the central axis of the cavity as taught by Yilmaz because Yilmaz demonstrates that this configuration provides a suitable separation distance between an infrared emitter and a smokable material configured to be heated by the infrared emitter ([0037]-[0048], [0065], Figs. 1-3), and the teaching in Yilmaz would have motivated one of ordinary skill to provide the emitter, smokable material, and central axis of the cavity at the claimed distances.
With respect to ii), Chen, directed to aerosol-generating devices ([0002]-[0006], The invention is directed to a heat-not-burn smoking device comprising a heater capable of low temperature uniform heating to generate an aerosol), teaches an aerosol generating device for heating a smokable material to generate aerosol for smoking ([0002]-[0006], The invention is directed to a heat-not-burn smoking device comprising a heater capable of low temperature uniform heating. [0040]-[0041], Fig. 1; Heater 10 is a tubular heater defining a heating chamber 13 for receiving a tobacco matrix (smokable material), which generates an aerosol upon heating), comprising
a cavity being configured to receive the smokable material ([0040]-[0041], Fig. 1; Heater 10 is a tubular heater defining a heating chamber 13 (cavity) for receiving a tobacco matrix (smokable material));
a tubular base extending along the axial direction of the cavity and surrounding the cavity ([0040]-[0041], Fig. 1; Heater 10 comprises substrate 1 defining a tubular base extending along the axial direction of heating chamber 13 (cavity) and surrounding heating chamber 13 (cavity)),
an infrared emitter, being in a tubular shape which is around the cavity and extended along the axial direction of the cavity; wherein the infrared emitter is configured to radiate infrared rays to the smokable material received in the cavity to heat the smokable material, wherein the infrared emitter comprises an infrared emission coating provided on an outer surface of the tubular base ([0040]-[0043], [0045], Fig. 1; Far infrared coating 3 is coated on an outer surface of substrate 1 (tubular base) to form a tubular shape around heating chamber 13 (cavity) and extended along the axial direction of heating chamber 13 (cavity). Far infrared coating 3 is an infrared emitter configured to radiate infrared rays to the tobacco matrix (smokable material) received in heating chamber 13 (cavity) to heat the tobacco matrix (smokable material)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the emitter by applying the infrared emission coating on the outer surface of the tubular base as taught by Chen because Liu, Yilmaz, and Chen are directed to aerosol-generating devices, Chen demonstrates that an infrared emitter formed by applying an infrared emission on the outer surface of a tubular base uniformly radiates and heats a smokable material received in the tubular base (Chen, [0040]-[0043], [0045], Fig. 1), and this involves combining prior art elements according to known methods to yield predictable results.
The range for the distance disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 3, Liu in view of Yilmaz and Chen teaches the aerosol generating device according to claim 1. Liu further teaches the wherein the first support at least partially extends into the cavity in the radial direction ([0029]-[0031], Figs. 1-4; Lower fixing seat 2 (first support) at least partially extends into the cavity in the radial direction), and
the first support is configured to abut against the smokable material in the axial direction when the smokable material is received in the cavity, thereby providing locking for the smokable material in the axial direction of the cavity ([0029]-[0031], Figs. 1-4; Lower fixing seat 2 (first support) is configured to abut against the smokable material 4 in the axial direction when the smokable material 4 is received in the cavity, thereby providing locking for the smokable material 4 in the axial direction of the cavity. Smokable material 4 is prevented from moving down (axially) because of lower fixing seat 2).
Regarding Claim 7, Liu in view of Yilmaz and Chen teaches the aerosol generating device according to claim 1. Liu further teaches the device wherein the holding mechanism comprises a plurality of flanges extending from the second support along the radial direction of the cavity ([0029]-[0031], Figs. 1-4; Upper fixing seat 1 (second support, holding mechanism) comprises a plurality of protrusions 101 extending from upper fixing seat 1 along the radial direction of the cavity), and
the flanges are arranged around the central axis of the cavity ([0029]-[0031], Figs. 1-4; Protrusions 101 (flanges) are arranged around the central axis of the cavity);
wherein the shortest distance between the flange and the central axis of the cavity in the radial direction of the cavity is smaller than the distance between the inner surface of the infrared emitter and the central axis of the cavity ([0029]-[0031], Figs. 1-4; The shortest distance between protrusions 101 (flanges) and the central axis of the cavity in the radial direction of the cavity is smaller than the distance between the inner surface of the heating tube 3 (infrared emitter) and the central axis of the cavity), and
the flanges are configured to abut against the outer surface of the smokable material received in the cavity in the radial direction, thereby preventing the movement of the smokable material in the radial direction of the cavity and forming the annular space ([0029]-[0031], Figs. 1-4; Protrusions 101 (flanges) are configured to abut against the outer surface of the smokable material 4 received in the cavity in the radial direction, thereby preventing the movement of the smokable material 4 in the radial direction of the cavity and forming the annular space).
Regarding Claim 8, Liu in view of Yilmaz and Chen teaches the aerosol generating device according to claim 7. Liu further teaches the device wherein the flanges are inclined inward radially to guide the smokable material when the smokable material is received in the cavity ([0029]-[0031], Figs. 1-4; Protrusions 101 (flanges) are inclined inward radially to guide the smokable material 4 when the smokable material 4 is received in the cavity).
Regarding Claim 14, Liu in view of Yilmaz and Chen teaches the aerosol generating device according to claim 1. Liu teaches the aerosol generating device wherein the housing is provided therein with a tubular base extending along the axial direction of the cavity and surrounding the cavity ([0029]-[0030], Figs. 1-4; Heating tube 3 (tubular base) extends along the axial direction of the cavity and surrounds the cavity);
the holding mechanism comprises a portion of the tubular base with a reduced inner diameter, and
the holding mechanism abuts against the outer surface of the smokable material received in the cavity through the portion with the reduced inner diameter, thereby preventing the movement of the smokable material in the radial direction of the cavity and forming the space ([0029]-[0031], Figs. 1-4; Upper fixing seat 1 (holding mechanism) fixedly connected to the upper end of the heating tube 3 (tubular base). Therefore, upper fixing seat 1 can be regarded as an upper portion of the tubular base. Upper fixing seat 1 comprises spaced protrusions 101 for clamping (holding) the smokable material 4. As shown in Figs. 2 and 3, the protrusions 101 reduce the inner diameter of the seat 1 to create the annular space between smokable material 4 and heating tube 3. The protrusions 101 of upper fixing seat 1 (second support, holding mechanism) abut against the outer surface of the smokable material 4 received in the cavity through upper fixing seat 1 (the portion with the reduced inner diameter) to prevent the movement of the smokable material 4 in the radial direction of the cavity).
Chen further teaches the device wherein the infrared emitter comprises an infrared emission coating provided on an outer surface of the tubular base ([0040]-[0043], [0045], Fig. 1; Far infrared coating 3 is coated on an outer surface of substrate 1 (tubular base) to form a tubular shape around heating chamber 13 (cavity) and extended along the axial direction of heating chamber 13 (cavity). Far infrared coating 3 is an infrared emitter configured to radiate infrared rays to the tobacco matrix (smokable material) received in heating chamber 13 (cavity) to heat the tobacco matrix (smokable material)).
Regarding Claim 15, Liu in view of Yilmaz and Chen teaches the aerosol generating device according to claim 1. Liu teaches the aerosol generating device wherein the infrared emitter comprises: a tubular base forming the cavity for containing and heating the smokable material ([0029]-[0030], Figs. 1-4; Heating tube 3 (tubular base) forms the cavity for containing and heating the smokable material 4).
Chen further teaches the device wherein the infrared emitter comprises an infrared emission coating provided on at least a part of surface of the tubular base ([0040]-[0043], [0045], Fig. 1; Far infrared coating 3 is coated on an outer surface of substrate 1 (tubular base) to form a tubular shape around heating chamber 13 (cavity) and extended along the axial direction of heating chamber 13 (cavity). Far infrared coating 3 is an infrared emitter configured to radiate infrared rays to the tobacco matrix (smokable material) received in heating chamber 13 (cavity) to heat the tobacco matrix (smokable material)).
Regarding Claim 16, Liu in view of Yilmaz and Chen teaches the aerosol generating device according to claim 15, but does not teach the device wherein the infrared emitter further comprises: a first conductive coating provided on at least a part of surfaces of the tubular base; a second conductive coating provided on at least a part of surfaces of the tubular base wherein the first conductive coating and the second conductive coating are located on the opposite ends of the infrared emission coating; the first conductive coating and the second conductive coating are both in annular shape and in contact with the infrared emission coating.
Chen, directed to aerosol-generating devices ([0002]-[0006], The invention is directed to a heat-not-burn smoking device comprising a heater capable of low temperature uniform heating to generate an aerosol), teaches an aerosol generating device for heating a smokable material to generate aerosol for smoking ([0002]-[0006], The invention is directed to a heat-not-burn smoking device comprising a heater capable of low temperature uniform heating. [0040]-[0041], Fig. 1; Heater 10 is a tubular heater defining a heating chamber 13 for receiving a tobacco matrix (smokable material), which generates an aerosol upon heating), comprising
a cavity being configured to receive the smokable material ([0040]-[0041], Fig. 1; Heater 10 is a tubular heater defining a heating chamber 13 (cavity) for receiving a tobacco matrix (smokable material));
a tubular base extending along the axial direction of the cavity and surrounding the cavity ([0040]-[0041], Fig. 1; Heater 10 comprises substrate 1 defining a tubular base extending along the axial direction of heating chamber 13 (cavity) and surrounding heating chamber 13 (cavity)),
an infrared emitter, being in a tubular shape which is around the cavity and extended along the axial direction of the cavity; wherein the infrared emitter is configured to radiate infrared rays to the smokable material received in the cavity to heat the smokable material, wherein the infrared emitter comprises an infrared emission coating provided on an outer surface of the tubular base ([0040]-[0043], [0045], Fig. 1; Far infrared coating 3 is coated on an outer surface of substrate 1 (tubular base) to form a tubular shape around heating chamber 13 (cavity) and extended along the axial direction of heating chamber 13 (cavity). Far infrared coating 3 is an infrared emitter configured to radiate infrared rays to the tobacco matrix (smokable material) received in heating chamber 13 (cavity) to heat the tobacco matrix (smokable material)),
wherein the infrared emitter further comprises: a first conductive coating provided on at least a part of surfaces of the tubular base ([0040]-[0043], Fig. 1; First conductive part 21 may be a conductive coating provided on the upper surface of substrate 1 (tubular base). First conductive part 21 (first conductive coating) is conductively connected to the far-infrared coating 3. When power is turned on, the current can flow from the first conductive part 21 through the far-infrared coating 3 to the second conductive part 22. First conductive part 21, far-infrared coating 3, and second conductive part 22 form the infrared emitter);
a second conductive coating provided on at least a part of surfaces of the tubular base wherein the first conductive coating and the second conductive coating are located on the opposite ends of the infrared emission coating ([0040]-[0043], Fig. 1; First conductive part 21 may be a conductive coating provided on the upper surface of substrate 1 (tubular base). Second conductive part 22 may be a conductive coating provided on the lower surface of substrate 1 (tubular base) such that first conductive part 21 (first conductive coating) and the second conductive part 22 (second conductive coating) are located on the opposite ends of the far-infrared coating 3 (infrared emission coating));
the first conductive coating and the second conductive coating are both in annular shape and in contact with the infrared emission coating ([0040]-[0043], Fig. 1; First conductive part 21 (first conductive coating) and the second conductive part 22 (second conductive coating) are both in annular shape and in contact with the far-infrared coating 3 (infrared emission coating)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the emitter by applying the infrared emission coating, first conductive coating, and second conductive on the outer surface of the tubular base in the configuration taught by Chen because Liu, Yilmaz, and Chen are directed to aerosol-generating devices, Chen demonstrates that an infrared emitter formed by applying an infrared emission on the outer surface of a tubular base uniformly radiates and heats a smokable material received in the tubular base (Chen, [0040]-[0043], [0045], Fig. 1), Chen further discloses that the conductive coatings cooperate with the infrared emission coating to prevent the existence of gaps that cause part of the far-infrared coating 3 to be unpowered and unable to emit far-infrared rays (Chen, [0043], The conductive coating is tightly combined with the far-infrared coating 3 to ensure that when power is turned on, the current can flow from the first conductive part 21 through the far-infrared coating 3 to the second conductive part 22, thereby avoiding the existence of gaps that cause part of the far-infrared coating 3 to be unpowered and unable to emit far-infrared rays, thereby affecting the heater 10 from uniformly heating the tobacco matrix in the heating chamber 13), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 21, Liu in view of Yilmaz and Chen teaches the aerosol generating device of claim 1. Chen further teaches the device wherein the infrared emission coating is disposed on the outer surface of the tubular base and is configured to generate the infrared rays, and the tubular base is configured to allow the infrared rays penetrate through ([0040]-[0043], [0045], Fig. 1; Far infrared coating 3 is coated on an outer surface of substrate 1 (tubular base) to form a tubular shape around heating chamber 13 (cavity) and extended along the axial direction of heating chamber 13 (cavity). Far infrared coating 3 is an infrared emitter configured to radiate infrared rays to the tobacco matrix (smokable material) received in heating chamber 13 (cavity) to heat the tobacco matrix (smokable material). Substrate 1 (tubular base) must be necessarily capable allowing infrared rays to pass through).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109561737 A, Cited on the IDS dated 12/27/2023, English Translation cited by Examiner) in view of Yilmaz (US 2021/0084982 A1) and Chen (CN 110384264 A, English Translation) as applied to Claims 1 and 3, and further in view of Plojoux (US 2015/0013696 A1).
Regarding Claim 4, Liu further teaches the aerosol generating device wherein the holding mechanism comprises an extension part extending from the first support into the infrared emitter ([0029]-[0031], Figs. 1-4; Lower fixing seat 2 (first support, holding mechanism) comprises an extension part extending from the lower fixing seat 2 into the heating tube 3 (infrared emitter) to abut the lower end of smokable material 4);
wherein the extension part has an inner diameter smaller than that of the infrared emitter ([0029]-[0031], Figs. 1-4; The extension part of lower fixing seat 2 has an inner diameter smaller than that of the heating tube 3 (infrared emitter)) and
the extension part is configured to abut against the outer surface of the smokable material received in the cavity, thereby preventing the movement of the smokable material in the axial direction of the cavity ([0029]-[0031], Figs. 1-4; Lower fixing seat 2 (first support) is configured to abut against the smokable material 4 in the axial direction when the smokable material 4 is received in the cavity, thereby providing locking for the smokable material 4 in the axial direction of the cavity. Smokable material 4 is prevented from moving down (axially) because of lower fixing seat 2),
but does not teach the holding mechanism wherein the extension part is arranged in an annular shape around the cavity, and the extension part is configured to abut against the outer surface of the smokable material received in the cavity in the radial direction, thereby preventing the movement of the smokable material in the radial direction of the cavity and forming the space.
Plojoux, directed to aerosol generating devices ([0001]), teaches an aerosol generating device for heating a smokable material to generate aerosol for smoking ([0089]-[0094], Figs. 1, 2A; Aerosol-generating device 1 is configured to heat smoking article 201 (smokable material) to generate an aerosol for smoking), comprising
a cavity, being configured to receive the smokable material ([0089]-[0091], Figs. 1, 2A; An aerosol-generating device 1 includes an extractor 101. The extractor 101 comprises a sleeve 103 and a sliding receptacle in the form of holder 105. Extractor 101 defines a cavity configured to receive smoking article 201 (smokable material)),
a holding mechanism arranged around the cavity ([0089]-[0091], Figs. 1, 2A; The extractor 101 comprises holder 105 (holding mechanism) is arranged around the cavity to retain smoking article 201 (smokable material));
wherein the holding mechanism comprises a first support at a lower end of the cavity ([0089]-[0091], Figs. 1, 2A; Holder 105 (holding mechanism) is a first support at a lower end of the cavity);
the holding mechanism is configured to support the smokable material received in the cavity in a radial direction of the cavity ([0089], [0093], [0106], Figs. 1, 2A; Holder 105 (holding mechanism) comprises gripping means 111 to support smoking article 201 (smokable material) received in the cavity in a radial direction of the cavity);
wherein the holding mechanism comprises an extension part extending from the first support into a tubular element ([0089], Figs. 1, 2A; Holder 105 (holding mechanism) comprises an extension part formed by its tubular walls, which extend from holder 105 (first support) into sleeve 103 (which is a tubular element)),
wherein the extension part is arranged in an annular shape around the cavity ([0089], Figs. 1, 2A; The extension part (the tubular walls of holder 105) is arranged in an annular shape of the cavity),
wherein the extension part has an inner diameter smaller than that of the tubular element ([0089], Figs. 1, 2A; The extension part (the tubular walls of holder 105) has an inner diameter smaller than that of sleeve 103 (tubular element)), and
the extension part is configured to abut against the outer surface of the smokable material received in the cavity in the radial direction, thereby preventing the movement of the smokable material in the radial direction of the cavity ([0089], [0093], [0106], Figs. 1, 2A; The gripping means 111 is located on the extension part (the tubular walls of holder 105), and therefore, the extension part is configured to abut against the outer surface of smoking article 201 received in the cavity in the radial direction, thereby preventing the movement of smoking article 201 in the radial direction of the cavity),
wherein an air inlet is arranged at the upstream end of the device ([0011], [0094], Figs. 1, 2A; Incoming air may enter at the upstream end of the device (toward the left as shown in Figs. 1, 2A).
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 aerosol generating device of Liu in view of Yilmaz and Chen wherein the extension part is arranged in an annular shape around the cavity; wherein the extension part has an inner diameter smaller than that of the infrared emitter, and the extension part is configured to abut against the outer surface of the smokable material received in the cavity in the radial direction, thereby preventing the movement of the smokable material in the radial direction of the cavity and forming the space similarly taught by Plojoux because Liu, Yilmaz, Chen, and Plojoux are directed to aerosol generating devices, Plojoux demonstrates that an annular extension part ensures that the smokable material cannot move in the radial direction (Plojoux, [0089]-[0094], [0106], Figs. 1, 2A), the tubular element disclosed by Plojoux is analogous to the infrared emitter of Liu in view Yilmaz (Plojoux, [0089]), and this involves combining prior art elements according to known methods to yield predictable results. Furthermore, Liu demonstrates that the annular space is formed by projections from the second support (Liu, [0030], Figs. 1-3), an annular projection from the first support would further delineate said annular space.
Because Liu discloses that the annular space exists as an air inlet to the device ([0030]-[0031], Fig. 3), positioning an annular element within the space may disrupt the airflow through the device. Therefore, it would have been obvious to one of ordinary skill in the art to provide an air inlet arranged at the upstream end of the device as taught by Plojoux because Liu states that the specific implementation of the air inlet is not limited to the form provided by the present invention (Liu, [0030]), and Plojoux demonstrates that providing the air inlet at the upstream end of the device is a common modification which would be known to one of ordinary skill in the art (Plojoux, [0011], [0094], Figs. 1, 2A).
Regarding Claim 5, Liu in view of Yilmaz, Chen, and Plojoux teaches the aerosol generating device of claim 4. Plojoux further teaches the device wherein at least a part of the inner surface of the extension part is an inclined surface that inclines inward radially, and the smokable material at least partially abuts against the first support under the guidance of the inner surface of the extension part ([0089], [0093], [0106], Figs. 1, 2A; At least a part of the inner surface of the gripping means 111 (provided on the extension part) is an inclined surface that inclines inward radially as shown in Figs. 1 and 2A. The smoking article 201 must at least partially abuts against the holder 105 (first support) under the guidance of the inner surface of the gripping means 111).
Regarding Claim 6, Liu further teaches the aerosol generating device wherein the second support is in an annular shape coaxially arranged with the infrared emitter ([0030], Figs. 1-3; Upper fixing seat 1 (second support) is in an annular shape coaxially arranged with heating tube 3 (infrared emitter));
the second support is configured to abut against the outer surface of the smokable material received in the cavity in the radial direction, thereby preventing the movement of the smokable material in the radial direction of the cavity and forming the annular space ([0030], Figs. 1-3; The protrusions 101 of upper fixing seat 1 (second support) configured to abut against the outer surface of the smokable material 4 received in the cavity in the radial direction, thereby preventing the movement of the smokable material 4 in the radial direction of the cavity and forming the annular space),
wherein the second support comprises projections arranged radially around the cavity ([0030], Figs. 1-3; Upper fixing seat 1 (second support) comprises protrusions (projections) arranged radially around the cavity),
but does not teach the device wherein the second support has an inner diameter smaller than that of the infrared emitter.
Plojoux, directed to aerosol generating devices ([0001]), teaches an aerosol generating device for heating a smokable material to generate aerosol for smoking ([0089]-[0094], Figs. 1, 2A; Aerosol-generating device 1 is configured to heat smoking article 201 (smokable material) to generate an aerosol for smoking), comprising
a cavity, being configured to receive the smokable material ([0089]-[0091], Figs. 1, 2A; An aerosol-generating device 1 includes an extractor 101. The extractor 101 comprises a sleeve 103 and a sliding receptacle in the form of holder 105. Extractor 101 defines a cavity configured to receive smoking article 201 (smokable material)),
a holding mechanism arranged around the cavity ([0089]-[0091], Figs. 1, 2A; The extractor 101 comprises holder 105 (holding mechanism) is arranged around the cavity to retain smoking article 201 (smokable material));
wherein the holding mechanism comprises a second support ([0089]-[0091], Figs. 1, 2A; Holder 105 (holding mechanism) is a second support);
wherein the second support is in an annular shape ([0089]-[0091], Figs. 1, 2A; Holder 105 (second support) is in an annular shape),
wherein the second support includes an annular projection into the cavity ([0089], [0093], [0106], Figs. 1, 2A; Holder 105 (second support) includes gripping means 111 which is an annular projection into the cavity),
wherein the second support is configured to abut against the outer surface of the smokable material received in the cavity in the radial direction, thereby preventing the movement of the smokable material in the radial direction of the cavity ([0089], [0093], [0106], Figs. 1, 2A; The gripping means 111 is configured to abut against the outer surface of smoking article 201 received in the cavity in the radial direction, thereby preventing the movement of smoking article 201 in the radial direction of the cavity),
wherein an air inlet is arranged at the upstream end of the device ([0011], [0094], Figs. 1, 2A; Incoming air may enter at the upstream end of the device (toward the left as shown in Figs. 1, 2A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the projections taught by Liu with a singular annular projection as taught by Plojoux because Liu, Yilmaz, and Chen, and Plojoux are directed to aerosol generating devices, Plojoux demonstrates that the annular projection ensures that the smokable material cannot move in the radial direction (Plojoux, [0089]-[0094], [0106], Figs. 1, 2A), and this involves substituting one projection configuration for another 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 annular projection having the same height as the projections of Liu because Liu demonstrates that projections at said height form an annular space dimensioned to separate a smokable material from a heater tube (Liu, [0029]-[0034], Figs. 1-3).
Because Liu discloses that the annular space exists as an air inlet to the device ([0030]-[0031], Fig. 3), positioning an annular element within the space may disrupt the airflow through the device. Therefore, it would have been obvious to one of ordinary skill in the art to provide an air inlet arranged at the upstream end of the device as taught by Plojoux because Liu states that the specific implementation of the air inlet is not limited to the form provided by the present invention (Liu, [0030]), and Plojoux demonstrates that providing the air inlet at the upstream end of the device is a common modification which would be known to one of ordinary skill in the art (Plojoux, [0011], [0094], Figs. 1, 2A).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109561737 A, Cited on the IDS dated 12/27/2023, English Translation cited by Examiner) in view of Yilmaz (US 2021/0084982 A1), Chen (CN 110384264 A, English Translation), and Plojoux (US 2015/0013696 A1) as applied to Claim 6, in view of Wright (US 2023/0000164 A1).
Regarding Claim 9, Liu teaches the aerosol generating device wherein the housing comprises a proximal end and a distal end which are opposite along the length direction ([0033], Fig. 4; Device housing 6 comprises a proximal end (at the bottom as shown in Fig. 4) and a distal end (at the top as shown in Fig. 4) which are opposite along the length direction);
wherein the proximal end is provided with a receiving hole through which the smokable material is capable of being received in or removed from the cavity ([0029]-[0034], Figs. 1-4; Proximal end of device housing 6 is provided with a receiving hole formed by the hollow bore of upper fixing seat 1. Smokable material 4 is capable of being received in or removed from the cavity via the receiving hole);
the distal end is provided with an air inlet opposite to the receiving hole ([0029]-[0034], Figs. 1-4; Liu has been modified in view of Plojoux such that the air inlet is located at the upstream (distal) end of the device opposite of the receiving hole);
the first end of the infrared emitter is opposite to the receiving hole ([0029]-[0034], Figs. 1-4; The first (lower) end of heating tube 3 (infrared emitter) is opposite to the receiving hole), and
the second end of the infrared emitter is opposite to the air inlet ([0029]-[0034], Figs. 1-4; The second (upper) end of heating tube 3 (infrared emitter) is opposite to the air inlet);
the second support is in an annular shape for supporting or holding the infrared emitter at the second end ([0030], Figs. 1-3; Upper fixing seat 1 (second support) is in an annular shape for supporting or holding the heating tube 3 (infrared emitter) at the second end),
but does not teach the device wherein the housing is further provided therein with a tubular element positioned between the air inlet and the second support; and a hollow space of the tubular element and the second support is arranged as an airflow path from the air inlet to the cavity.
Wright, directed to aerosol generating devices ([0001]), teaches an aerosol generating device ([0036], Fig. 1; Aerosol generating device 100) comprising:
a housing ([0036], Fig. 1; Aerosol generating device 100 comprises a housing 110); wherein the housing is provided therein with:
a cavity, being configured to receive the smokable material ([0036], Fig. 1; Housing 110 is configured such that it may accommodate a chamber 200 that is capable of at least partially receiving an aerosol generating substrate 105 (tobacco, smokable material));
a second support ([0036]-[0037], Fig. 1; Side wall 210 supports the aerosol generating substrate 105); and
an air inlet ([0038]-[0039], Fig. 1, 2a-2c; Non-linear airflow channels 300 and 310 comprises air inlets 300a/310a located at the top of chamber 200)
wherein the housing is further provided therein with a tubular element positioned between the air inlet and the second support; and a hollow space of the tubular element and the second support is arranged as an airflow path from the air inlet to the cavity ([0036]-[0039], Fig. 1, 2a-2c; Housing 100 is further provided therein with non-linear airflow channels 300 and 310 (tubular element) positioned between the air inlets 300a/310a and side wall 210 (second support). The hollow internal space of airflow channels 300/310 (tubular element) and the side wall 210 (second support) is arranged as an airflow path from the air inlets 300a/310a to a chamber 200 (cavity)).
It would have been obvious to one of ordinary skill in the art to provide the housing taught by Liu with a tubular element positioned between the air inlet and the second support; and a hollow space of the tubular element and the second support is arranged as an airflow path from the air inlet to the cavity as taught by Wright because Liu, Yilmaz, Chen, Plojoux, and Wright are directed to aerosol generating devices, Wright demonstrates that the tubular element directs the flow of air to a specific location in the cavity (Wright, [0038], [0044]-[0046], Figs. 1, 2a-2c), and this involves combining prior art elements in order to yield predictable results.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109561737 A, Cited on the IDS dated 12/27/2023, English Translation cited by Examiner) in view of Yilmaz (US 2021/0084982 A1), Plojoux (US 2015/0013696 A1), and Wright (US 2023/0000164 A1) as applied to Claim 9, and further in view of Moloney (US 2021/0015158 A1).
Regarding Claim 10, Liu in view of Yilmaz, Chen, Plojoux, and Wright does not teach the aerosol generating device wherein the hollow space of the tubular element comprises a portion whose inner diameter gradually decreases along the direction from the air inlet to the cavity.
Moloney, directed to aerosol generating devices ([0002]), teaches an aerosol generating device ([0021], Fig. 1; aerosol provision device 100) comprising:
a cavity, being configured to receive the smokable material ([0021], Fig. 1; aerosol provision device 100 comprises a reusable/control unit 101 and a replaceable/disposable cartridge 102. Cartridge 102 comprises a chamber or container 120 (cavity) for holding an aerosol precursor material. The aerosol precursor material may be a solid or non-liquid material such as dried leaves, solid powder, gel, etc. which provides an aerosol);
an air inlet ([0030], Fig. 1; Air inlet 170)
a tubular element for directing air from the air inlet to the cavity ([0030], Fig. 1; Sidewalls 131 form a tubular element which define airflow channel 130. Airflow channel 130 directs air from air inlet 170 to container 120 (cavity)),
wherein the hollow space of the tubular element comprises a portion whose inner diameter gradually decreases along the direction from the air inlet to the cavity ([0030], Fig. 1; Airflow channel 130 (the hollow space of the tubular element) may comprise a variable diameter wherein the inner diameter may gradually decrease or increase along the direction from the air inlet to the cavity).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the device wherein the hollow space of the tubular element comprises a portion whose inner diameter gradually decreases along the direction from the air inlet to the cavity as taught by Moloney because Liu, Yilmaz, Chen, Plojoux, Wright, and Moloney are directed to aerosol generating devices, Moloney demonstrates that varying the diameter of the tubular element can adjust the device’s resistance to draw (Moloney, [0030], [0084]-[0085]), and the teaching in Moloney would have led one of ordinary skill to modify Liu in view of Yilmaz, Chen, Plojoux, and Wright to arrive at the claimed invention.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109561737 A, Cited on the IDS dated 12/27/2023, English Translation cited by Examiner) in view of Yilmaz (US 2021/0084982 A1), Chen (CN 110384264 A, English Translation), Plojoux (US 2015/0013696 A1), and Wright (US 2023/0000164 A1) as applied to Claim 9, and further in view of Li (US 2014/02090108 A1).
Regarding Claim 11-12, Liu in view of Yilmaz, Chen, Plojoux, and Wright does not teach the aerosol generating device wherein the second support is provided with an insertion groove, and the tubular element is inserted into the insertion groove so that the second support is stably supported and held in the housing, wherein the insertion groove is a columnar space coaxial with the hollow space of the second support, and a diameter of the insertion groove is larger than a diameter of the hollow space of the second support so that the tubular element abuts against the insertion groove.
Li, directed to aerosol generating devices ([0002]-[0004]), teaches an aerosol generating device ([0021], Fig. 1; The electronic cigarette comprising atomizing device 100) comprising:
a housing ([0018], Fig. 1; Atomizing sleeve 1 houses the internal components of atomizing device 100);
a second support ([0018], Figs. 1-3; Atomizing device 100 includes a sealing cover 2 (second support) which supports nozzle 3); and
a tubular element ([0018], Figs. 1-3; Atomizing device 100 includes air pipe 5 which is a tubular element);
wherein the second support is provided with an insertion groove ([0021], Fig. 4; Sealing cover 2 (second support) is provided with connecting groove 23. Connecting groove 23 allows for the insertion of air pipe 5 (tubular element)), and
the tubular element is inserted into the insertion groove so that the second support is stably supported and held in the housing ([0021], Fig. 4; Air pipe 5 (tubular element) is inserted into the connecting groove 23 (insertion groove) so that sealing cover 2 (second support) is stably supported and held in atomizing sleeve 1 (housing)),
wherein the insertion groove is a columnar space coaxial with the hollow space of the second support ([0021], Fig. 4; Connecting groove 23 (insertion groove) is columnar space coaxial with air through hole 22 (hollow space) of sealing cover 2 (second support)), and
a diameter of the insertion groove is larger than a diameter of the hollow space of the second support so that the tubular element abuts against the insertion groove ([0021], Fig. 4; A diameter of connecting groove 23 (insertion groove) is larger than a diameter of air through hole 22 (hollow space) of sealing cover 2 (second support) so that air pipe 5 (tubular element) abuts against connecting groove 23).
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 second support with an insertion groove to receive the tubular element in the configuration taught by Li because Liu, Yilmaz, Chen, Plojoux, Wright, and Li are directed to aerosol generating devices, Li demonstrates that the insertion groove prevents movement of both the second support and the tubular element within the housing (Li, [0021], Figs. 1-4), and this involves combining prior art elements in order to yield predictable results.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109561737 A, Cited on the IDS dated 12/27/2023, English Translation cited by Examiner) in view of Yilmaz (US 2021/0084982 A1), Chen (CN 110384264 A, English Translation), Plojoux (US 2015/0013696 A1), Wright (US 2023/0000164 A1), and Li (US 2014/0209108 A1) as applied to Claim 11, and further in view of Qiu (US 2022/0132926 A1).
Regarding Claim 13, Liu in view Yilmaz, Chen, Plojoux, Wright, and Li does not teach the aerosol generating device wherein a sealing ring made of a flexible material is arranged in a gap between the tubular element and the insertion groove.
Qiu, directed to aerosol generating devices ([0002]), teaches an aerosol generating device ([0042], Fig. 1; Atomizer 100 and a power supply device 200 for an aerosol generating device),
wherein a sealing ring made of a flexible material is arranged in a gap between two components ([0043], [0063]-[0064], Figs. 3-4, 9; Atomizer 100 comprises atomizing seat 22 and liquid storage member 10. [0068], Figs. 3 and 9; Sealing ring 23 made of silicone or rubber is arrange in a gap between atomizing seat 22 and liquid storage member 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a sealing ring made of a flexible material arranged in a gap between the tubular element and the insertion groove similarly taught by Qiu because Liu, Yilmaz, Chen, Plojoux, Wright, Li, and Qiu are directed to aerosol generating devices, Qiu demonstrates that a sealing ring made of flexible material ensures a sealing connection between two elements and prevents a fluid from leaking through the seal (Qiu, [0068]), and this involves combining prior art elements in order to yield predictable results.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109561737 A, Cited on the IDS dated 12/27/2023, English Translation cited by Examiner) in view of Yilmaz (US 2021/0084982 A1) and Chen (CN 110384264 A, English Translation) as applied to Claim 1, in view of Reevell (US 2021/0307390 A1).
Regarding Claim 17, Liu in view of Yilmaz and Chen does not teach the aerosol generating device wherein the housing is further provided therein with a heat insulator located outside the infrared emitter in the radial direction, wherein the heat insulator is in tubular shape and comprises an inner tube wall and an outer tube wall which are sequentially arranged from inside to outside in the radial direction, and a central area located between the inner tube wall and the outer tube wall, wherein an air dielectric layer is formed between the inner tube wall of the heat insulator and the infrared emitter.
Reevell, directed to aerosol-generating devices ([0001]), teaches an aerosol generating device for heating a smokable material to generate aerosol for smoking ([0055], [0058], [0076], Figs. 1-3; Aerosol generation device 100 comprises a heating chamber 108 configured to receive substrate carrier 114. Substrate carrier 114 comprises an aerosol substrate 128 such as tobacco or another suitable aerosolisable material that is heatable to generate an aerosol for inhalation. [0099], [0110], The aerosol substrate 128 is a smokable material which is heated by heater 124 to generate an aerosol for smoking), comprising
a housing ([0055], Fig. 1; Aerosol generation device 100 comprises an outer casing 102 housing various components of the aerosol generation device 100); wherein the housing is provided therein with:
a cavity, being configured to receive the smokable material ([0055], [0058], [0076], Figs. 1-2; Outer casing 102 (housing) is provided with a heating chamber 108 defining a cavity configured to receive the substrate carrier 114 comprising an aerosol substrate 128);
an infrared emitter, being in a tubular shape which is around the cavity and extended along the axial direction of the cavity; wherein the infrared emitter is configured to radiate infrared rays to the smokable material received in the cavity to heat the smokable material ([0099], [0105], Fig. 2; Heater 124 is attached to the outer surface of heating chamber 108 (cavity). Heater 124 has a tubular shape which is around heating chamber 108 and extended in an axial direction of heating chamber 108. [0154]-[0155], Heater 124 may be an infrared emitter configured to radiate infrared rays to the aerosol substrate 128 (smokable material) received in heating chamber 108 (cavity) to heat the aerosol substrate 128 (smokable material)
wherein the housing is further provided therein with a heat insulator located outside the infrared emitter in the radial direction ([0059]-[0060], Figs. 1, 2, and 6; Outer casing 102 is provided therein with a heat insulating member 152 located outside of heater 124 (infrared emitter) in the radial direction)
wherein the heat insulator is in tubular shape and comprises an inner tube wall and an outer tube wall which are sequentially arranged from inside to outside in the radial direction, and a central area located between the inner tube wall and the outer tube wall ([0059]-[0060], Figs. 1, 2, and 6; Insulating member 152 comprises a double walled tube 154 having an inner tube wall and an outer tube wall sequentially arranged from inside to outside in the radial direction, and a cavity 158 (central area) located between the inner tube wall and the outer tube wall),
wherein an air dielectric layer is formed between the inner tube wall of the heat insulator and the infrared emitter ([0059]-[0061], Figs. 2 and 6; There is a gap formed between the inner tube wall of insulating member 152 (heat insulator) and heater 124 (infrared emitter). As no labelled components are positioned between insulating member 152 (heat insulator) and heater 124 (infrared emitter), it is reasonably understood that the gap comprises air. Air is a dielectric material, and therefore the gap is an air dielectric layer).
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 of Liu in view of Yilmaz and Chen comprising a heat insulator and air dielectric layer in the claimed configuration as taught by Reevell because Liu, Yilmaz, and Reevell are directed to aerosol generating devices, Reevell demonstrates that the insulator and dielectric layer increases the thermal isolation of the cavity (Reevell, [0059]-[0060]) while preventing heat flow to the exterior parts of the device to ensure that these parts are comfortable to hold (Reevell, [0135]), and this involves combining prior art elements according to known methods.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109561737 A, Cited on the IDS dated 12/27/2023, English Translation cited by Examiner) in view of Yilmaz (US 2021/0084982 A1), Chen (CN 110384264 A, English Translation), and Reevell (US 2021/0307390 A1) as applied to Claim 17, in view of Wang (US 2018/0192699 A1).
Regarding Claim 20, Liu in view of Yilmaz, Chen, and Reevell does not teach the device wherein the second support further comprises a first boss configured for abutting against the infrared emitter and a second boss configured for abutting against the heat insulator, the first boss and the second boss are arranged from inside to outside in the radial direction.
Wang, directed to aerosol generating devices ([0002]-[0003], An electronic cigarette comprising an atomizer for vaporizing an e-liquid and forming a vape cloud is an aerosol generating device), teaches an aerosol generating device ([0035], Figs. 1-8; Electronic cigarette comprising the atomizer shown in Figs. 1-8),
wherein a component is provided with a boss at both ends configured for abutting other components at both ends ([0043], Figs. 4-8; Conductive post 45 is provided with an upper electrode part boss 453 at one end and an insulating pad boss 452 at the other end. Upper electrode part boss 453 is configured to abut upper electrode part groove 413, and insulating pad boss 452 is configured to abut insulating pad groove 442).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the second support taught by Liu with a first boss configured for abutting against the infrared emitter and a second boss configured for abutting against the heat insulator, the first boss and the second boss are arranged from inside to outside in the radial direction similarly taught by Wang because Liu, Yilmaz, Chen, Reevell, and Wang are directed to aerosol generating devices, Wang demonstrates that positioning bosses at the first and second end of a component can be used to secure the position of the component within a device (Wang, [0043]), and this involves combining prior art elements according to known methods. Further, because the heat insulated is located outside of the infrared emitter in a radial direction (Liu, [0099], [0120], Figs. 1-2; Heat insulating member 152 (heat insulator) is located outside of heater 124 (infrared emitter) in a radial direction), one of ordinary skill in the art would position the first boss (corresponding to the infrared emitter) inside relative to the second boss (corresponding to the insulator) on the second support in a radial direction.
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.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755