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) 1-4 and 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borges et al (US 2020/0375251) in view of Schlipf (US 2015/0001206) and Hosokawa et al (US 3,970,816).
With respect to claim 1, 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 in the base body and being in contact and in heat conduction with the electric heating element wherein the infrared radiator 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.
Schlipf discloses it is known to provide a heating body (100) including an electric heating element (102) wherein the heating body comprises an accommodation body within which the electric heating element is accommodated therein and an electric insulation material (103 such as magnesium oxide; also, see para 0072) as an infrared radiator that is arranged in the base body and being in contact and in heat conduction with the electric heating element wherein the heating body is known to be pushed into an object to be heated (para 0003).
Hosokawa is further applied to show that a heating body is known to include an infrared radiator that is made of a material including magnesium oxide among other various material known in the art (column 3, lines 14-51).
In view of Schlipf and Hosokawa, 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 (e.g., magnesium oxide which is also disclosed to be an infrared radiator material as disclosed in the Applicant’s specification in para 0042-0043) arranged in the base body to predictably generate infrared heating radiation to bring about an rapid heat to meet the desired heating temperature for heating the aerosol-generating substrate.
With respect to claims 2 and 16, Borges in view of Schlipf and Hosokawa discloses the infrared radiator that is a powdered material (para 0007 of Schlipf) filled in the accommodation cavity.
With respect to claim 3, Borges in view of Schlipf and Hosokawa discloses a shape of the accommodation cavity (as shown by Schlipf) matches with a shape of the base body (as illustrated in Figure 1a).
With respect to claims 4 and 17, Borges in view of Schlipf and Hosokawa discloses the base body (101 as shown by Schlipf) with an closed end and an open end wherein the electric heating element would be accommodated predicably from the open end.
With respect to claim 13, Borges in view of Schlipf and Hosokawa discloses that a material of the infrared radiator is a refractory material including an oxide material (e.g., magnesium oxide; see para of 0072 of Schlipf; and column 3, lines 14-51 of Hosokawa).
With respect to claim 14, Schlipf discloses that the base body can be made of a metallic material (para 0072).
With respect to claim 15, Borges disclose the aerosol-generating device with a heating chamber (32) with the heating body arranged therein.
Claim(s) 5-12, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borges in view of Schlipf and Hosokawa as applied to claims 1-4 and 13-17 above, and further in view of Gallager (US 1,365,978).
Borges in view of Schlipf and Hosokawa discloses the heating body claimed except for explicitly showing a first pin wire and a second pin wire that are respectively connected to one end of the electric heating element and to the other end of the electric heating element as claimed.
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 further discloses a first pin wire (14’) and a second pin wire (15’) that are 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.
In view of Gallager, it would have been obvious to one of ordinary skill in the art to adapt Borges, as modified by Schlipf and Hosokawa, with the heating elements with its ends that are further connected with a first and a second pin which are used to make a suitable and effective electrical connection to predicably supply power to the heating element as known in the art.
With respect to claim 6, Gallager shows the first connection point made between the one end of the first pin wire and the heating element, and the 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) a have been considered but are moot in view of the new ground of rejection including Schlipf that is applied to teach for the infrared radiator that is arranged in the base body and being in contact and in heat conduction with a heating element as stated in the ground of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SANG Y PAIK/Primary Examiner, Art Unit 3761
Prosecution Insights