DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 23, 2026 has been entered.
Status of the Claims
Claims 16-25 are pending and are subject to this Office Action. Claims 1-15, and 26-30 are cancelled. Claims 16 is amended.
Response to Amendments
The amendments to the specification and the claims filed on January 23, 2026 are acknowledged.
The 112(b) rejections of claim 16 and its dependents have been withdrawn due to the amendments.
Response to Arguments
Applicant' s arguments, see pgs 5-9, filed January 23, 2026, with respect to the rejection(s) of claims 16-25 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 16 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “wherein, during cleaning, the at least one piezoelectric element is configured to be provided at a distance from 2 mm and less but not in contact with a surface of the heating element to cooperate with the heating element.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference.
The following is a modified rejection based on amendments made to the claims.
Claim Interpretation
Claim 16 recites the limitation “an integrated cleaning unit arranged within the aerosol-generating device” Based on the specification and the remarks dated July 14, 2025, the limitation has been interpreted to require the cleaning unit to be a part of the aerosol generating device – and not a part of an external device which cooperates with the aerosol generating device.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 22 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 22 recites the limitation: “the aerosol-generating device according to further comprising a charging unit, wherein the cleaning unit is arranged inside the charging unit and at the bottom end of the charging unit”. The limitation renders the claim indefinite because it is unclear whether the charging unit is an internal component of the aerosol generating device, or an external unit configured to cooperate with the aerosol generating device. Further, it is unclear how the cleaning unit is integrated within the aerosol generating device as recited in Claim 16, while also being located at the bottom end of a charging unit. Based on pg 8, ln 6-19, pg 18, ln 17-36, and Figs. 3a-3c of the specification, it appears that charging unit 101 is an external unit configured to cooperate with stick holder 200, wherein cleaning unit 400 is attached at the bottom end charging unit 101. In the configuration shown in Fig. 3a, it is unclear how the aerosol generating device 100 (comprising charging unit 101 and stick holder 200) is capable of generating an aerosol because cleaning unit 400 surrounds the surfaces of heating element 250. Therefore, it appears that stick holder 200 is the only component of aerosol generating device 100 which is capable of generating an aerosol from an aerosol generating article, and charging unit 101 is an external component configured to cooperate with the aerosol generating device. For examination purposes, Examiner has interpreted the claim to require that the charging unit is an external unit configured to cooperate with the aerosol generating device. With regard to the cleaning unit, Examiner has interpreted the claim to require that the cleaning unit be integrated within the aerosol generating device, while being necessarily capable of being located at the bottom end of a charging unit.
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 16-19, and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Ferrie (US 2022/0346452 A1) in view of Doellgast (US 2017/0208675 A1), Van Abeelen (US 2019/0104605 A1), and Watson (US 2014/0188097 A1).
Regarding Claim 16, Ferrie, directed to cleaning of object surfaces ([0044]-[0045], The substitute smoking device includes a movable element which cleans the surfaces of a heater element or the wall of a cavity), teaches an aerosol-generating device ([0162]-[0166], Fig. 2E; Device 201 comprises a heater 204 comprising heating element 223. When consumable 202 is received in cavity 222 of the device 201, heating element 223 penetrates the aerosol-forming substrate 213 of the consumable 202. Heating element 223 heats the aerosol-forming substrate 213 to generate an aerosol; and therefore, device 201 is an aerosol generating device), comprising:
a heating element configured to heat an aerosol-generating article to generate an aerosol ([0162]-[0166], Fig. 2E; Device 201 comprises heating element 223 configured to heat aerosol-forming substrate 213 of the consumable 202 to generate an aerosol); and
an integrated cleaning unit arranged within the aerosol-generating device close to or next to the heating element to cooperate with the heating element and being configured to clean a surface of the heating element ([0174]-[0179], Figs. 3A-3C; Device 201 comprises a movable element 310 arranged in direct contact with heating element 223. Movable element 310 surrounds heating element 223, and is configured to move from a first position as shown in Figs. 3A-3B to a second position shown in Fig. 3C to scrape debris, deposits and dirt of the walls of the opening 221 and the heating element 223. Movable element 310 is a cleaning unit which is integrated into and provided within device 201, wherein the movable element 310 (cleaning unit) is close to or next to (separated by 2 mm or less from) heating element 223); and
a power unit configured to supply power to the heating element and to the cleaning unit within the aerosol-generating device ([0168]-[0171], Fig. 2E; Rechargeable battery 205 is operatively connected to controller 208 and heating element 223 to supply power to the heating element 223. [0060], Figs. 3A-3C; The substitute smoking system may comprise an actuation mechanism for moving the movable element 310 (cleaning unit) between the first position and the second position, which may be an electronically actuated mechanism employing an electric motor. [0101], The controller 208 may be operatively connected to the actuating element, to trigger an active movement of the movable element 310. As the battery 205 (power unit) is connected to the controller 208 and Ferrie does not state that there is an additional power unit, it is reasonably understood that the battery 205 supplies power to the actuation mechanism of the movable element 310 (cleaning unit)),
wherein the cleaning unit comprises a cleaning member to clean a surface of the heating element ([0174]-[0179], Figs. 3A-3C; The inner surface of movable element 310 (cleaning unit) is a cleaning member configured to clean a surface of the heating element 223),
but does not teach the aerosol-generating device wherein the cleaning unit comprises at least one piezoelectric element, and wherein, during cleaning, the at least one piezoelectric element is configured to be provided at a distance from 2 mm and less but not in contact with a surface of the heating element to cooperate with the heating element and generate cold plasma in a vicinity of the surface of the heating element to clean the surface of the heating element.
Doellgast, directed to cold plasma ([0001], [0044]-[0045]), teaches a piezoelectric element configured to generate a cold plasma ([0044]-[0045], [0054], Fig. 2; Piezoelectric transformer 1 is configured to generate a cold plasma),
wherein the cold plasma may be used to treat the surface of an object ([0045]).
Van Abeelen, directed to cold plasma ([0001]) and cleaning of object surfaces ([0001]-[0002]), teaches a device for cleaning the surfaces of objects ([0007], [0061], [0118]-[0119], Fig. 1; Cold plasma device 13 may be used for disinfection of articles, surfaces, and human skin),
wherein the device is configured to generate cold plasma in a vicinity of the surface of an object to clean the surface ([0009]-[0015], [0061]-[0067], [0119], Fig. 1; Cold plasma device 13 generates cold plasma clean a surface 6 of an object. [0107], [0106]-[0110], The device 13 can be positioned in direct contact with the surface 6. As the device 13 is separated by 2 mm or less from object 6, it is reasonably understood that the device generates cold plasma in a vicinity of the surface 6 of the object).
Watson, directed to cold plasma ([0004]), teaches a device configured to generate a cold plasma ([0012], [0032], Fig. 5 illustrates one embodiment of the cold plasma DBD wand device),
wherein the cold plasma may be used to treat the surface of a target ([0012], [0027]),
wherein, during treatment, the at least one piezoelectric element is configured to be provided at a distance from 2 mm and less but not in contact with a surface of the target to cooperate with the target ([0006], [0012], [0034], The cold plasma DBD wand device generates cold plasma wherever it comes into direct or proximate contact with the target (when sufficient ground potential exists). In an exemplary embodiment, optimal treatment distances between the wand device and the treatment target range from direct physical contact up to about 2 mm).
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 cleaning member of the cleaning unit taught by Ferrie with the piezoelectric element taught by Doellgast such that the piezoelectric element generates a cold plasma in a vicinity of the surface of the heating element to clean the surface of the heating element taught by Ferrie because Ferrie and Van Abeelen are directed to cleaning of object surfaces, Doellgast and Van Abeelen are directed to cold plasma, Van Abeelen demonstrates that cold plasma may be used to disinfect the surface of articles, such as toothbrushes, shaver heads, medical equipment or similar, or may be used to disinfect surfaces (Van Abeelen, [0010], [0017]), Doellgast demonstrates that the lower temperatures of cold plasma allow one to treat a substrate at longer dwell time without damaging the substrate (Doellgast, [0045]), and this involves replacing one cleaning member with another prior art cleaning member 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 wherein, during cleaning, the at least one piezoelectric element is configured to be provided at a distance from 2 mm and less but not in contact with a surface of the heating element to cooperate with the heating element similarly taught by Watson because Doellgast, Van Abeelen, and Watson are directed to cold plasma, Watson demonstrates that a distance of 2 mm and less between a cold plasma generator and a target surface is optimal for treating a surface while preventing destruction of degradation of the target surface (Watson, [0006]), and this involves combining prior art elements according known methods to yield predictable results.
Regarding Claim 17, Ferrie in view of Doellgast, Van Abeelen, and Watson teaches an aerosol-generating device according to claim 16. Doellgast further teaches the device wherein the piezoelectric element is further configured to generate the cold plasma at atmospheric pressure ([0001], [0044]-[0045]).
Regarding Claim 18, Ferrie in view of Doellgast, Van Abeelen, and Watson teaches an aerosol-generating device according to claim 16. Doellgast further teaches the device wherein the piezoelectric element is further configured to generate the cold plasma at a temperature in a range of 17 degrees Celsius to 75 degrees Celsius ([0044]-[0045]). The range for the cold plasma temperature 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 19, Ferrie in view of Doellgast, Van Abeelen, and Watson teaches an aerosol-generating device according to claim 16. Doellgast further teaches the device wherein the piezoelectric element has a first end ([0014], [0054], [0062]-[0063], Fig. 2; Piezoelectric transformer 1 comprises an input region 2 defining a first end of the piezoelectric element),
wherein the cleaning unit further comprises at least two electrodes, and wherein the first end of the piezoelectric element is arranged between the at least two electrodes ([0014], [0054], [0062]-[0069], Fig. 2; Piezoelectric transformer 1 comprises a first external electrode 8 positioned against first longitudinal side 6 at the input region 2 (first end). [0002]-[005], Fig. 1 shows a piezoelectric transformer 1 which is also known as a Rosen-type transformer. The piezoelectric transformer 1 of Fig.1 has an analogous construction to the piezoelectric transformer 1 of Fig. 1, wherein a first external electrode 8 situated on the first longitudinal side 6 at input region 2 (first end), and a second external electrode (not shown) is situated on the second longitudinal side 7. Because the external electrodes 8 are in electrical contact with the internal electrodes 4, it is reasonably understood that the second external electrode (not shown) is located on the second longitudinal side 7 at input region 2 (first end). As [0046] states that the piezoelectric transformer of the present invention can be a Rosen-type transformer, it is reasonably understood that the piezoelectric transformer 1 of Fig. 2 may also comprise a second external electrode (not shown) positioned against second longitudinal side 7 at input region 2 (first end)).
Regarding Claim 21, Ferrie in view of Doellgast, Van Abeelen, and Watson teaches an aerosol-generating device according to claim 16. Doellgast further teaches the device wherein the piezoelectric element has a first end ([0014], [0054], [0062]-[0063], Fig. 2; Piezoelectric transformer 1 comprises an input region 2 defining a first end of the piezoelectric element), and
wherein the piezoelectric element has a second end with a rectangular shape with at least two corners at the second end to generate the cold plasma as direct discharge ionic wind jets in an orthogonal plane relative to a front line connecting the at least two corners ([0054]-[0057], [0064], [0071], Figs. 2-3; Piezoelectric transformer 1 comprises an output end 3 (second end) including output end face 10 having a rectangular shape with at least two corners at the second end. [0014], the piezoelectric transformer is designed for ionizing atoms or molecules at the output-side end face. Because the piezoelectric element 1 of Ferrie comprises all the physical elements recited in Claim 21, piezoelectric element 1 would be necessarily capable of performing the claimed function of “generat[ing] the cold plasma as direct discharge ionic wind jets in an orthogonal plane relative to a front line connecting the at least two corners”, absent evidence to the contrary).
Regarding Claim 22, Ferrie in view of Doellgast, Van Abeelen, and Watson teaches an aerosol-generating device according to claim 16. Ferrie teaches the device further comprising a charging unit configured to receive and to supply charging power for the power unit of the aerosol-generating device, wherein the charging unit has a top end with an opening configured for insertion of the aerosol-generating article and a bottom end opposite to the top end, and wherein the cleaning unit is arranged inside the charging unit and at the bottom end of the charging unit ([0088]-[0090], [0168]-[0171], Fig. 2E; Device 201 comprises a rechargeable battery 205. As claims 16 and 22 are directed to an aerosol generating device, the patentability of the claims is based on the structural components of the aerosol generating device – and not to units or components which cooperate with the aerosol generating device. Because Claim 22 is directed to a charging unit external to the aerosol generating device, any device including a power unit which is capable of being recharged would read on the claim limitations. [0174]-[0179], Figs. 2E, 3A-3C; Additionally, because movable element 310 (cleaning unit) is located at an axial end of device 201, the movable element 310 (cleaning unit) would be necessarily capable of being located at a bottom end of a charging unit).
Regarding Claim 23, Ferrie in view of Doellgast, Van Abeelen, and Watson teaches an aerosol-generating device according to claim 16. Ferrie further teaches the device further comprising a holding unit configured to receive the aerosol-generating article ([0162]-[0166], Fig. 2E; Device 201 comprises a cavity 222 (holding unit) configured to receive consumable 202 (aerosol generating article)),
wherein the piezoelectric element is arranged inside the holding unit ([0162]-[0179], Figs. 2E, 3A-3C; Movable element 310 (cleaning unit) is arranged inside cavity 222 (holding unit). Ferrie has been modified in view of Doellgast and Van Abeelen such that the movable element 310 (cleaning unit) is a piezoelectric element, as applied to Claim 16).
Regarding Claim 24, Ferrie in view of Doellgast, Van Abeelen, and Watson teaches an aerosol-generating device according to claim 16. Doellgast further teaches the device wherein the cleaning unit further comprises a plurality of piezoelectric elements and a plurality of electrodes, and wherein respective ends of the plurality of piezoelectric elements are arranged between adjacent electrodes in a layered stack arrangement ([0014], [0017], [0054], [0057], [0062]-[0080], Fig. 2; Piezoelectric transformer 1 comprises an input region 2 and an output region 3. The input region 2 can comprise a plurality of electrodes 4 and a plurality of layers of piezoelectric material 5. The respective ends (top and bottom) of the plurality of layers of piezoelectric material 5 are arranged between adjacent electrodes 4 in alternation in a layered stack arrangement).
Regarding Claim 25, Ferrie in view of Doellgast, Van Abeelen, and Watson teaches an aerosol-generating device according to claim 16. Ferrie further teaches the device wherein the power unit is the only power supply of the aerosol-generating device ([0168]-[0171], Fig. 2E; Rechargeable battery 205 (power unit). Ferrie does not state that there is an additional power unit).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ferrie (US 2022/0346452 A1) in view of Doellgast (US 2017/0208675 A1), Van Abeelen (US 2019/0104605 A1), and Watson (US 2014/0188097 A1) as applied to Claim 16, and further in view of Kraxner (US 2016/0284970 A1).
Regarding Claim 20, Doellgast further teaches the device wherein the piezoelectric element has a first end ([0014], [0054], [0062]-[0063], Fig. 2; Piezoelectric transformer 1 comprises an input region 2 defining a first end of the piezoelectric element),
wherein the piezoelectric element has a second end (([0054]-[0057], [0064], [0071], Figs. 2-3; Piezoelectric transformer 1 comprises an output end 3 (second end) including output end face 10 having a rectangular shape with at least two corners at the second end. [0014], the piezoelectric transformer is designed for ionizing atoms or molecules at the output-side end face),
but does not teach the device wherein the second end has a protrusion to generate the cold plasma as a point ionic wind jet in a substantially orthogonal plane relative to the protrusion.
Kraxner, directed to cold plasma ([0004]), teaches a piezoelectric element configured to generate a cold plasma ([0004], [0013], [0056], Fig. 1A shows a piezoelectric transformer 1 is configured to generate a cold plasma),
wherein the piezoelectric element has a first end ([0056]-[0059], Fig. 1A; Piezoelectric transformer 1 comprises a first end located at the bottom as shown in Fig. 1. The first end is opposite output side 7),
wherein the piezoelectric element has a second end with a protrusion to generate the cold plasma as a point ionic wind jet in a substantially orthogonal plane relative to the protrusion ([0056]-[0058], Fig. 1A; Piezoelectric transformer 1 comprises a second end at output side 7. Output side 7 has a surface structure 2 having a multiplicity of surface structure segments 5 (protrusions). The discharge occurs at a multiplicity of, for example discrete, discharge initiation points 6 on the surface structure segments 5 of the surface structure 2. Because the piezoelectric transformer 1 of Kraxner comprises all the physical elements recited in Claim 20, piezoelectric transformer 1 would be necessarily capable of performing the claimed function of “generat[ing] the cold plasma as a point ionic wind jet in a substantially orthogonal plane relative to the protrusion”, absent evidence to the contrary).
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 piezoelectric element taught by Ferrie in view of Doellgast, Van Abeelen, and Watson having a protrusion at its second end to generate the cold plasma as a point ionic wind jet in a substantially orthogonal plane relative to the protrusion as taught by Kraxner because Doellgast, Van Abeelen, Watson, and Kraxner are directed to cold plasma, Kraxner demonstrates that the protrusion allows gas discharge to be initiated at the points of the protrusions most easily and/or most favorably in terms of energy (Kraxner, [0068]-[0069], Fig. 1A; Discharge occurs at the advantageously at the discharge initiation points 6 of the surface structure segments 5), which advantageously enables a more directed or point-based surface treatment (Kraxner, [0026]), and this involves combining prior art elements according to known methods to yield predictable results.
Conclusion
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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