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 .
Claim Interpretation
Claims 2, 6, 7, 14 and 15 recite the limitations “close to the open end” and/or “close to the closed end”. While the specification does not define the term “close to”, Examiner interprets “close to the open end” to mean nearer to the open end than the closed end, and “close to the closed end” to mean nearer to the closed end than the open end.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-8, and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN 110771956A) (claims are mapped to the English translation provided).
Claim 1. Zhang et al. discloses an electronic cigarette comprising an outer shell 10 (housing), an inner shell 20 (heat insulation cylinder), a cigarette holder assembly 50, and a heating element 70 (blade shaped heater) used for heating the aerosol substrate (smokable material). The electronic cigarette further includes a heat dissipation tube 90 (bracket). An air inlet 10 a is provided at a bottom of the outer shell 10. The top of 10 is provided with an air outlet 10b. A first passage 30 (first portion of airflow channel) communicating with the air inlet 10a is formed in the inner shell 20, and the outer shell 10. The inner shell 20 encloses a mounting cavity 40 that communicates with the air outlet 10b. A second channel 60 (second portion of the airflow channel) is formed in a spiral shape between fastening tube 51 and cigarette holder 52 by spiral fins 520 on the outer wall of the cigarette holder 52 ([33]-[44]; Figures 1 and 2 wherein space between the heat dissipation tube 90 (bracket) and inner shell 20 (heat insulation cylinder) forms a first air medium layer).
Claim 2. Zhang et al. discloses second through hole 22a (air hole close to the open end) which connects flow passage 32 of the first passage 30 (first portion of airflow channel) with second channel 60 (second portion of the airflow channel) ([40]-[42]; Figure 2).
Claims 4 and 12. Zhang et al. discloses second channel 60 (second portion of the airflow channel) is formed in a spiral shape between fastening tube 51 and cigarette holder 52 (extractor) by spiral fins 520 on the outer wall of the cigarette holder 52. Heat dissipation tube 90 (bracket) is sleeved on the fastening tube 51 ([33]-[44]; Figures 1 and 2).
Claims 5 and 13. Zhang et al. discloses chimney 52a (third portion of airflow channel) which extends within cigarette holder 52 (extractor) from the closed end to air outlet 10b (open end) ([45]; Figure 2).
Claims 6 and 14. Zhang et al. discloses that chimney 52a (third portion of airflow channel) connects to second channel 60 (second portion of the airflow channel) via connection hole 52b ([45]; Figure 2).
Claims 7 and 15. Zhang et al. discloses that inner shell 20 (heat insulation cylinder) is connected to air inlet 10a via first passage 30 (first portion of airflow channel) (Figure 2).
Claims 8 and 16. Zhang et al. discloses that the only outlet is air outlet 10b (open end) so that the air of the first channel 30 and the second channel 60 can pass through the flue 52a and the connection hole 52b in order, taking away the smoke generated from the flue 52a, and taking away excess heat, thereby reducing the surface temperature of the electronic cigarette ([45]; Figure 2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 110771956A) (claims are mapped to the English translation provided) in view of Blandino et al. (US 2017/0055580).
Claims 3 and 11. Zhang et al. discloses the apparatus of claims 1 and 2 but does not disclose that the heating element 70 is a susceptor that is penetrated by a varying magnetic field to generate heat thereby heating the aerosol substrate (smokable material).
Blandino et al. discloses an apparatus for heating smokable material, the apparatus comprising a heating element 130 which is inserted into an article comprising smokable material ([0092]; Figure 2). The heating element 130 of this embodiment comprises a heating member 135 consisting entirely, or substantially entirely, of the heating material. The heating member 135 thus is heatable by penetration with a varying magnetic field ([0094]; Figure 2). Therefore, the heating element 130 is able to act as a susceptor when subjected to the changing magnetic field ([0095]; Figure 2). The magnetic field generator 120 of this embodiment comprises an electrical power source 121, the coil 122, and a device 123 for passing a varying electrical current, such as an alternating current, through the coil 122 ([0105]; Figure 2).
Blandino et al. teaches that when magnetic electrically-conductive material is used as the heating material, magnetic coupling between the heating element 130 and the coil 122 of the magnetic field generator 120 can result in greater or improved Joule heating of the heating element 130, and thus greater or improved heating of the heating zone 113 ([0095]; Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date that the heating element 70 of Zhang et al. be replaced with a heating element 130 and coil 122 as taught by Blandino et al. allowing the heating element to act as a susceptor and creating greater or improved Joule heating of the heating element 130, and thus greater or improved heating of the heating zone (Blandino [0095]).
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 110771956A) (claims are mapped to the English translation provided) in view of Liu et al. (US 9986769).
Claims 9 and 17. Zhang et al. discloses the apparatus of claims 1 and 2 but does not disclose that the inner shell 20 (heat insulation cylinder) is further provided with a retaining portion extending outwards along the radial direction and is stably retained in the housing by the retaining portion.
Liu et al. discloses an atomizer comprising a cartridge 20 within an outer cylinder 10. The ends of the cartridge 20 are sleeved with retaining rings 18 configured with a plurality of positioning protrusions 181 (retaining portion) uniformly arranged on the outer cylindrical surface of the retaining rings 18 in radial symmetry (Column 5, lines 10-17; Figure 4).
Liu et al. teaches that the positioning protrusions 181 are in contact with the inner wall of the outer cylinder 10 for coaxial positioning and stability of the cartridge 20 within the outer cylinder 10 (Column 5, lines 10-17). It would have been obvious to one of ordinary skill in the art before the effective filing date to include a retaining portion such as the positioning protrusions 181 of Liu et al. extending radially outwards from the inner shell 20 (heat insulation cylinder) of Zhang et al. so that the inner shell 20 (heat insulation cylinder) is retained stably within the outer shell 10 (housing).
Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 110771956A) (claims are mapped to the English translation provided) in view of Counts et al. (US 5144962).
Claims 10 and 18. Zhang et al. discloses the apparatus of claims 1 and 2 but does not disclose that a certain interval is kept between the inner shell 20 (heat insulation cylinder) and the outer shell 10 (housing) along the radial direction to form a second air medium layer configured to reduce conduction of heat generated by the heater to the housing.
Counts et al. discloses a flavor delivery article comprising outer wrapper 18 and thermally-insulating tube 20. Passageway 36 (second air medium layer) which is formed between outer wrapper 18 and thermally-insulating tube 20 by spacer rings 38 and 40 (Column 4, lines 15-30; Figure 3).
Counts et al. discloses that the passageway 36 (second air medium layer) which is formed between outer wrapper 18 and thermally-insulating tube 20 thermally insulates the tube (Claims 17 and 18). It would have been obvious to one of ordinary skill in the art before the effective filing date to add a second air medium layer between the inner shell 20 (heat insulation cylinder) and the outer shell 10 (housing) to thermally insulate the inner shell and to prevent the outer shell from becoming too hot.
Response to Arguments
Applicant's arguments filed 10/22/25 have been fully considered but they are not persuasive. Applicant argues that Zhang’s path 30 is merely an internal airflow passage within inner shell 20 and path 60 is a spiral passage formed between the fastening tube 51 and cigarette holder 52, so path 30 and path 60 do not extend within or along a first air medium layer formed between the bracket (tube 90) and heat-insulation cylinder (inner shell 20) as required by claim 1. Examiner disagrees, as second flow channel 32 which is part of first channel 30 is located between bracket (tube 90) and heat-insulation cylinder (second shell 22 part of inner shell 20). While other components are also located between bracket and heat-insulation cylinder (i.e. first shell 221 part of inner shell 20), the claims do not require that the space between bracket (tube 90) and heat-insulation cylinder (second shell 22 part of inner shell 20) consists only of air. Furthermore, second channel 60 (second portion of the airflow channel) of Zhang extends within the cavity formed by heat dissipation tube 90 (bracket) as required by claim 1.
Applicant argues that the claimed configuration provides distinct technical advantages, specifically that it enables air inside the housing to circulate back and forth after entering the heat-insulation cylinder and prevents convection between air in the heating portion and the housing. Examiner argues that mere recognition of latent properties in the prior art does not render nonobvious an otherwise known invention. The fact that appellant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious (See MPEP § 2145(II)).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Wilson can be reached at (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747