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 Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/09/2026 has been entered.
Status of the Claims
Claims 1 and 3-22 are pending and are subject to this Office Action.
Response to Amendment
The office action is in response to Applicant’s amendment filed on 03/09/2026.
Claims 1, 3-6, 18, and 20 are amended.
Claim 2 is cancelled.
Claims 21-22 are new.
Claim 20 is withdrawn as being directed to a non-elected invention.
Response to Arguments
Applicant' s arguments, see pages 5-7, filed 03/09/2026, with respect to the rejection(s) of claims 1 and 3-19 under 35 U.S.C. 103 have been fully considered and are moot in view of newly found and applied prior art. The following is a modified rejection based on the amendments and new claims.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 3-4, 8, 10, 14-15, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR-20190058435-A, hereinafter referring to the English Translation provided).
In regards to claim 1, Kim, directed to an electric heating type smoking device (i.e., aerosol generating device), discloses a layered heater assembly for the aerosol generating device (abstract and [0042]), comprising:
A metal foil layer 10 (i.e., heat conduction layer) ([0053]), the heat conduction layer forming part of the heater and comprising a heat capacity, emitting heat through an external surface of the layered heater assembly ([0042] and [0125]), wherein the metal foil layer can comprise stainless steel ([0054]);
A plurality of planar heating elements 40 (i.e., first electrically conductive track) ([0052]);
And an electrical insulation layer 20 between the first electrically conductive track and the heat conduction layer ([0054] and Figure 15).
In regards to claims 3-4, Kim discloses the layered heating assembly according to claim 21, comprises both the first and second electrically conductive tracks formed on a same side of the electrical insulation layer and formed in a common plane (Figures 12-16).
In regards to claim 8, Kim discloses an inner cover layer 50 (i.e., protective layer) which protects the electrode wiring formed on the insulating layer and the plurality of planar heating elements from the external environment ([0099]).
Kim further discloses the first electrically conductive track 40 is located between the electrical insulation layer and the protective layer (Figure 16).
In regards to claim 10, Kim discloses the protective layer is arranged partly in contact with the electrical insulation layer (Figure 16).
In regards to claim 14, Kim teaches the electrical insulation layer 20 completely separates the heat conduction layer from the first electrically conductive track (Figure 15).
In regards to claim 15, Kim discloses the electric smoking device comprises a tobacco part (i.e., aerosol generating substrate) that is heated by the heating assembly ([0039-[0040]).
In regards to claim 21, Kim discloses a temperature sensing unit 61 (i.e., second electrically conductive track) operable to sense a temperature connected to a pair of temperature sensing pads to detect a change in resistance of a temperature sensing pattern (operable to sense a temperature based on a resistance- temperature characteristic) ([0147]-[0148]).
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.
Claims 1, 8-15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Asmus (EP-3409467-A1, as cited in the IDS dated 11/22/2022 and hereinafter referring to the English Translation provided) and further in view of Kim (KR-20190058435-A, hereinafter referring to the English Translation provided).
In regards to claim 1, Asmus, directed to a heater with a co-sintered multilayer structure for a system for providing an inhalable aerosol ([0001]), discloses a heater with at least a first substrate layer, a first insulating layer, at least one heating element, and at least one second substrate layer co-sintered together to form a multilayer structure ([0011]) comprising:
a first substrate layer 3 (i.e., heat conduction layer) operable to emit heat through an external surface of the layered heater assembly ([0011] and [0048]);
A heating element 7 (i.e., first electrically conductive track) operable to generate heat ([0050]);
And an insulation layer 5’ between the heat conduction layer and the first electrically conductive track ([0048]-[0050]).
Asmus further discloses the heat conductor layer can comprise a metallic material ([0018]), but does not explicitly disclose the heat conduction layer comprises stainless steel.
Kim, directed to an electric heating type smoking device (i.e., aerosol generating device), discloses a layered heater assembly for the aerosol generating device (abstract and [0042]), comprising a metal foil layer 10 (i.e., heat conduction layer) ([0053]), the heat conduction layer forming part of the heater and comprising a heat capacity (i.e., emits heat through an external surface of the layered heater assembly) ([0125]), wherein the metal foil layer can comprise stainless steel ([0054]).
Kim further discloses the film heater (80) has a structure in which a plurality of planar heating elements based on nanocarbon particles are formed on one side of a metal foil to generate heat when power is applied ([0042]).
Kim further discloses the metal sheet (conduction layer) may comprise aluminum, copper, nickel, stainless steel, brass, or an alloy thereof may be used as the material for the metal foil ([0054]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Asmus by making the heat conduction layer of the heater comprise stainless steel, as taught by Kim, because both are directed to layered film heaters, Kim discloses stainless steel is a known material used in heat conduction layers ([0054]), and since Asmus discloses the heat conduction can comprise metal materials but is merely silent to the types of metal, like stainless steel, it would be obvious to one of ordinary skill in the art to look to a similar reference for a known material of a similar heater layer to apply a known type of metal in the art to a similar heating layer to yield predictable results.
In regards to claims 8-9, Asmus discloses the layered heater assembly further comprising an additional insulating layer 5 (i.e., a second electrical insulation layer and protective layer) (Figure 1 and [0049]).
In regards to claim 10, Asmus discloses the first and second electrically insulating layers are arranged partly in contact with one another (Figure 1).
In regards to claim 11, Asmus discloses the layered heater structure is essentially planar ([0053]).
In regards to claim 12, Asmus discloses the external surface of the heat conduction layer 3’ as a bare surface (Figure 1).
In regards to claim 13, Asmus discloses the bare surface can be glassy (i.e., polished) ([0018]).
In regards to claim 14, Asmus discloses the electrical insulation layer 5’ completely separates the heat conduction layer 3’ from the first electrically conducting track 7 (Figure 1).
In regards to claim 15, Asmus discloses the heat conduction layer can comprise metallic materials ([0018]).
In regards to claim 17, Asmus discloses the invention produces a heater for use in a system for providing an inhalable aerosol ([0011]).
In regards to claim 18, Asmus discloses an aerosol generating system and a layered heater assembly according to claim 1. While, Asmus only teaches the heater for use in an aerosol generating system/device and does not explicitly disclose how it is used in a device, it would be obvious to one of ordinary skill in the art that the heater of Asmus would be adjacent the aerosol generating substrate of the device in order to heat it and that the aerosol generating substrate would be received in a recess such that the device can retain the substrate.
Asmus further discloses the heat conduction layer, which makes up the external surface is on both sides of the heater, so no matter which side is arranged adjacent to the recess holding the substrate of the device, the external surface would be arranged to face the recess (Figure 1). Therefore, it would be obvious to one of ordinary skill in the art that Asmus would teach a substrate arranged in a recess such that the external heating layer is facing the recess of the device.
In regards to claim 19, Asmus discloses the layered heater is used in a system to heat and generate an inhalable aerosol (i.e., the aerosol generating substrate) ([0012] and [0042]).
Claims 3-7 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Asmus (EP-3409467-A1, as cited in the IDS dated 11/22/2022 and hereinafter referring to the English Translation provided) in view of Kim (KR-20190058435-A, hereinafter referring to the English Translation provided), as applied to claim 1 above, and further in view of Lim et al. (WO-2019088615-A2).
In regards to claim 3, Modified Asmus discloses the first and second electrically conductive tracks are formed on a same side of the electrical insulation layer (Asmus, Figure 1 and Lim, Figure 5).
In regards to claim 4, Asmus discloses in some embodiments the layers of the heater may also have a concave or convex curvature or be cylindrically curved in order to surround the substance to be heated (i.e., at least parts of the first and second electrical tracks would share a common plane) ([0053]).
In addition, Lim discloses the first (51) and second (52) electrically conductive tracks are formed in a common plane. Refer to figures 6 and 7 provided below.
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Therefore, before the effective filing date of the claimed invention, it would be obvious to modify Asmus by making the planar heating element have electrically conductive tracks on the same plane, as taught by Lim, because one of ordinary skill in the art would look to a similar reference for a known arrangement in the art of a similar aerosol-generating devices heater, and this merely involves applying a known arrangement of a layered heater of a similar device to yield predictable results.
In regards to claim 5, Asmus disclose recesses on the second insulating layer and/or the heat conduction layer designed so at least one connecting conductor can be passed for contacting connecting contacts on the first electrically conductive track (i.e., two electrical contacts form an open loop with the first electrically conductive track at a side of the layered assembly) ([0038]-[0039]).
Modified Asmus discloses a pair of holes 63 and 64 which electrically connect the heating assembly to the controller (i.e., electrical contacts) to form an open loop (Lim [0091]).
Modified Asmus further discloses the second electrically conductive track 53 is confined between the first electrically conductive track 51 and the side of the layered heater assembly (Lim Figures 6 and 7).
In regards to claims 6-7, Modified Asmus discloses the second electrically conductive track 53 may be manufactured using an electric resistive element or an electrically conductive element like the first electrically conductive element 51, such as using tungsten, gold, platinum, silver, copper, nickel, palladium, or a combination thereof, and may be doped with an appropriate doping material or may include an alloy (i.e., the second material can be platinum and the two electrical tracks can be different materials) (Lim [0079]).
In regards to claims 21-22, Asmus discloses the electrically conductive track is a resistant element that can further function as a temperature sensor ([0050]), but does not explicitly disclose a second electrically conductive track operable to sense a temperature based on a resistance-temperature characteristic, wherein the second electrically conductive track is longer and narrower than the first electrically conductive track.
The Examiner further notes that Kim discloses a second electrically conductive track with a temperature sensor ([0147]-[0148]).
Lim, directed to an aerosol generating device comprising a heater, discloses the heater including a first electrically conductive heating element formed along a first path on an electrically insulating substrate, a second electrically conductive heating element formed along a second path on the electrically insulating substrate, and a temperature sensor track formed along a third path in a region between the first path and the second path; a battery configured to supply power to the heater; and a controller configured to control the power supplied from the battery to the heater and monitor a temperature sensed using the temperature sensor track ([0004]).
Lim further discloses the temperature sensor track 53 may also be manufactured using an electric resistive element or an electrically conductive element like the electrically conductive heating element 51 and 52 (i.e., the temperature sensor is a second electrically conductive track). ([0079]).
Lim further discloses by arranging a temperature sensor track in a region between different electrically conductive heating elements on an electrically insulating substrate, the temperature sensor track may sense a temperature in a heating portion of a heater uniformly and accurately ([0017]).
Lim further discloses a first electrically conductive heating element 51 (first electrically conductive track) and a second electrically conductive track 53 provided in a layered heater assembly ([0079]). Refer to Figure 6 provided below.
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Lim further discloses the second electrically conductive track is longer and narrower than the first electrically conductive track. Refer to Figure 10 annotated by the Examiner provided below.
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Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Asmus, by applying an additional layer of an electrical conductive track that senses temperature to the heater, as taught by Lim, because both are directed to layered planar heating structures, Lim teaches the electrical track can sense the temperature and connect to the battery which allows a controller to then control the amount of power delivered based on the heaters temperature ([0004]), and this merely involves using a known technique of applying an additional electrical layer of a similar heater to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5.
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/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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