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 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.
Claim(s) 1, 2 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borges et al (US 2020/0375251) in view of Hikino et al (US 4,426,570).
Borges shows a heating body for heating an aerosol-forming substrate/article, the heating body including an electric heating element (24) that receives electric power of a power supply with a base body (22) that is configured for insertion into the aerosol-forming substrate wherein the base body (22) illustrates having an accommodation within which the electric heating element (24) is accommodated therein as illustrated in Figure 1. But, Borges does not show explicitly show the base body having an accommodation cavity wherein an infrared radiator is arranged on the base body that is configured to receive heat generated by the electric heating element and heat up to generate infrared rays for heating the aerosol-forming substrate as claimed.
Hikino discloses it is known to provide a heating base (1) having an accommodating cavity within which a heating element (2) is accommodated therein with an infrared radiator (3; refractory film) is arranged on the base body for an increased radiation heat.
In view of Hikino, it would have been obvious to one of ordinary skill in the art to adapt Borges with the base body (22) with an accommodation cavity within which a heating element is accommodated therein for the protection of the heating element wherein the an infrared radiator such as a refractory infrared material is further arranged on the base body to increase its heating capability to predictably brings about an rapid heat to meet the desired heating temperature for heating the aerosol-generating substrate.
With respect to claim 2, Hikino discloses the infrared radiator is an infrared radiation film on an outer surface of the base body as illustrated in Figure 2.
With respect to claim 15, Borges disclose the aerosol-generating device with a heating chamber (32) with the heating body arranged therein.
Claim(s) 3-14, 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borges in view of Hikino as applied to claims 1, 2 and 15 above, and further in view of Gallager (US 1,365,978).
With respect to claims 3 and 16, Borges in view of Hikino shows the heating body claimed except for a shape of the accommodation cavity matches with a shape of the base body.
Gallager discloses it is known to provide a heating body having a base body (A) having an accommodation cavity within which a heating element is accommodated therein wherein Gallager discloses that a shape of the accommodation cavity matches with a shape of the base body as illustrated in Figure 1.
In view of Gallager, it would have been obvious to one of ordinary skill in the art to adapt Borges, as modified by Hikino, with the accommodation cavity matches a shape of the base body so that heating generated by the heating element within the cavity can be uniformly and evenly transferred and distributed along the base body.
With respect to claims 4 and 17, Borges, as modified by Gallager, further discloses the base body (A), as taught by Gallager, with an closed end and an open end wherein the electric heating element can be conveniently accommodated predicably from an open end and protected within the base body.
With respect to claims 5 and 18, Gallager shows it is known to provide a first pin wire (14’) and a second pin wire (15’) that is respectively connected to ends of the heating element wherein both first and second pin wires extend out of the base body from the open end as illustrated in Figure 2.
With respect to claim 6, Gallager shows a first connection point made between the one end of the first pin wire and the heating element, and a second connection made between the one end of the first pin wire and the heating element wherein both first and second connection points are located in the accommodating cavity of the base body as shown in Figure 2.
With respect to claim 7, Gallager shows a distance between the first connection point and the open end, and a distance between the second connection point and the open end wherein such distance is illustrated to be of a small distance as illustrated in Figure 2, and while Gallager does not explicitly disclose such distance to be between 1 mm and 3 mm, it would have been obvious to provide such distance to be in the claimed range or any other suitable range so that the pin connections are made close proximity to the open end as such connection can be conveniently and suitable made.
With respect to claim 8, Gallager shows a seal member E that is configured to seal the open end as illustrated in Figure 2.
With respect claim 9, Gallager shows the heating body having a base (F) with an end surface of the open end abuts against the bottom base as illustrated in Figure 2.
With respect to claims 10 and 20, Gallager shows a tapered protruding potion arranged at the closed end wherein Borges also shows the base body having a tapered protruding point wherein the such protruding point would be formed by extending the base body from a closed end as taught shown by Gallager.
With respect to claims 11 and 12, Gallager discloses a keeping member shown by an insulating tube D accommodated in the base body wherein Gallager further shows that the keeping member is tube with the heating element having a spiral section arranged on an outer surface of the keeping member and an extension section located in the inner hole/tube.
With respect to claim 13, Hikino discloses that a material of the infrared radiator (3) is a refractory material including an oxide material (column 2, lines 1-7).
With respect to claim 14, Hikino discloses that the base body is made of quartz or glass, and Gallager also discloses that the base body material is made a glass quartz (e.g., silica).
With respect to claim 15, Borges disclose the aerosol-generating device with a heating chamber (32) with the heating body arranged therein.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borges in view of Hikino as applied to claims 1, 2 and 15 above, and further in view of Hosokawa et al (US 3,970,816).
Borges in view of Hikino discloses the heating body claimed except for the infrared radiator that is an infrared radiation powder filled in the accommodating cavity of the base body.
Hosokawa shows it is known to provide a heating element (11) provided with an infrared radiator in a form of an infrared radiation powder material that can generates rapid infrared radiation heat. Also, see column 1, lines 30-32.
In view of Hosokawa, it would have been obvious to one of ordinary skill in the art to adapt Borges with the infrared radiator that is provided in an infrared radiation power material filled in an accommodation cavity of the base body of Borges, as modified by Hikino as an alternative arrangement that can predictably generate rapid infrared radiation heat for heating the aerosol-forming substrate as claimed.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot in view of the new ground of rejection based on Hikino as stated in the ground of rejection. It is noted that Hikino is applied to teach the base body having an accommodation cavity with an infrared radiation arranged on the base body.
Applicant also argues that Borges discloses an optical sensor 26 wherein having an infrared radiation on the heating body, as modified by Hosokawa, would interfere with the normal detection function of the optical sensor. This argument is not deemed persuasive since the optical sensor is measuring an optical wavelength that is in the range of a visible wavelength in the range of 390 nm to 700 nm (equivalent to .39 um to .70 um; also, see para 0106 of Borges) wherein the infrared radiation heat is generated in the near infrared wavelength of 5-16 um in Hosokawa which is outside of the visible light spectrum and, thus, would not interfere the normal detection function of the optical sensor of Borges as argued by Applicant.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761