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 .
Status of the Claims
Claims 1-3, 5-17, 19-22 are pending and are subject to this office action.
Claims 13 and 15 are previously withdrawn as being directed to a nonelected invention.
Claims 4 and 18 are canceled.
Claims 1, 5-6, and 16 are amended.
Claims 21-22 are newly added.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/20/2026 has been entered.
Response to Amendment
The Examiner acknowledges the Applicant’s response filed on 02/20/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pg. 7-9, filed 02/20/2026, with respect to the rejection of claims 1 and 16 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claims 1 and 16 to require a controller comprising one or more processors that is configured to heat a first and second portion of the heating element, which was not previously presented. Dumen discloses PCB control electronics (12, “a controller”) for operation and control of the device (Fig. 1, [0049]) but is silent to one or more processors. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of a combination of previously applied prior art and newly found prior art.
Therefore, the rejections below are maintained and modified based on Applicant’s amendment.
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.
Claims 1-3, 5-12, 14, and 16-17, 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Dumen (US 20210219612 A1) in view of Plojoux (US 20140338686 A1, as cited on IDS dated 03/25/2025), Zheng (CN 106617324 A, hereinafter referring to the English Machine translation provided), Sur (US 20190343179 A1), and Johnson (US 20170303587 A1).
The following is made in reference to annotated Fig. 1 (Dumen) below.
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Regarding claim 1, Dumen discloses an aerosol generating device (abstract, Fig. 1, [0049]), comprising:
A cavity (10, “a chamber”) for receiving an aerosol forming substrate (4, Fig. 1, [0049-0050]),
A heating blade (13) to heat the aerosol forming substrate (4, Fig. 1, Fig. 4, [0051, 0065]), and;
PCB control electronics (12, “a controller”) for operation and control of the device (Fig. 1, [0049]).
The bottom of the cavity (10) is formed by movable disc (101, “movable base”) that moves along a longitudinal axis of the cavity (10, Fig. 1, Fig. 2, [0050]).
The moveable disc (101) divides the cavity (10) into a first region close toward the opening of the cavity (10) and a second region farther from the opening of the cavity (10), such that a first portion of the heating blade (13) is arranged in the first region and a second portion of the heating blade (13) is arranged in a second region (Fig. 1).
An air inlet (“one or more air inlets in the second region”) arranged at the base of the cavity (10, i.e. in the second region) where the heating blade (13) passes through (Fig. 1).
Dumen does not explicitly disclose one of more air channels connecting one or more air inlet openings adjacent to the opening of the chamber to the one or more air inlets in the second region of the chamber.
However, Plojoux, directed to an aerosol generating system (abstract), discloses:
An aerosol generating system (100) comprising a cavity (22, “chamber”) for receiving a smoking article (102) including an aerosol generating substrate (12, Fig. 2, [0065])
Air inlets (26) formed on the proximal face of the housing (“air inlet openings adjacent to the opening of the chamber”) wherein air is draw through the air inlets (26), passes through an air channel (28, “one or more air inlet channels”) around the outside of the cavity (22), and enters the aerosol forming substrate (12) at the base of the cavity (22, arrows in Fig. 2, Fig. 3, [0065, 0066])
The air inlets (26) are positioned on a proximal face of the housing because the air inlets (26) are very unlikely to be inadvertently blocked by a user's hand during use ([0068]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Dumen by providing air inlets on the proximal face of the housing and an air channel around the cavity as taught by Plojoux because both Dumen and Plojoux are directed to aerosol generating devices, Plojoux teaches positioning the air inlets on a proximal face of the housing such that the air inlets are unlikely to be inadvertently blocked by a user's hand during use, and this involves applying air inlets in a known arrangement to a similar device to yield predictable results.
Dumen or Plojoux do not explicitly disclose a plurality of air channels configured to allow airflow through the movable base.
However, Zheng, directed to an electronic cigarette (10, Fig. 1, [0027]), discloses:
A heating cup (102, “chamber”) nested in a housing (101), where the heating cup (102) can move axially to extend or retract within the housing (101, Fig. 2, Fig. 5, [0035]).
The base of the heating cup (102) moves along the length of a chamber and is therefore considered to be a movable base.
The heating cup (102) comprises a base (“a movable base”) with two channels (117) extending through the base to allow air to enter the interior of the heating cup (102, Fig. 4, [0040]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Dumen, in view of Plojoux, by providing two air channels on the movable disc as taught by Zheng because both Dumen and Zheng are directed to aerosol generating devices, Zheng teaches the air channels allow air to enter the interior of the heating chamber, and this involves applying known air inlets in a similar movable base in a similar aerosol generating device to yield predictable results.
Dumen discloses the aerosol generating device comprises PCB control electronics (12, “a controller”) for operation and control of the device (Fig. 1, [0049]) and that heating areas (26, 27, 28, 29) of the heating blade (13) are selectively heated (Fig. 1, Fig. 4, [0013, 0063, 0066-0068]).
Dumen does not explicitly disclose the PCB comprises at least one processor for adjusting power supplied to the selected heating areas.
However, Sur, directed to an aerosol delivery device (Fig. 3, [0074), discloses:
A control component (322) comprising a processor (508) configured to selectively power a heating element (334) of a segmented heater (322, Fig. 3, Fig. 5, [0074, 0086, 0092-0093]).
The control component may be formed on a printed circuit board (PCB, [0061]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Dumen, in view of Plojoux and Zheng, by proving a processor within the printed circuit board and configuring the processor to selectively power the heating areas as taught by Sur because both Dumen and Sur are directed to aerosol generating devices, Dumen teaches the device comprises a PCB and selectively heats the heating areas of the heating blade but is silent to how the controller adjusts power to the heating areas, Sur teaches a similar aerosol generating device having segmented heating that uses a processor to selectively heat the heating elements, and this involves applying a known processor and configuration to a printed circuit board in a similar aerosol generating device to yield predictable results.
Dumen discloses heating areas (26, 27, 28, 29) of the heating blade (13) that can be selectively heated to different temperatures (Fig. 1, Fig. 4, [0013, 0063, 0066-0068]) and all heating areas (26, 27, 28, 29) may be provided power upon start up to heat the heating element (13) faster ([0020]).
Dumen, in view of Plojoux, Zheng, and Sur does not explicitly disclose heating the second portion upstream of the movable base to a second temperature to pre-heat the air during inhalation by a user.
However, Johnson, directed to a personal electronic vaporizer (PEV 1, Fig. 2, [0036]), discloses:
An oven assembly (13) comprising a heating plate (13) for heating a medium, and a preheating area (74) upstream of the heating plate (13) which provides heated air to the oven assembly (13) and decreases the time to vaporize the medium (Fig. 3, Fig. 5, [0043-0044, 0049]).
The preheating area (74) may generate heat by passing air over heating elements (Fig. 3, [0044]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Dumen, in view of Plojoux, Zheng and Sur, by configuring the controller to heat the heating area upstream of the moveable base taught by Johnson because both Dumen and Johnson are directed to aerosol generating devices, Dumen teaches the device comprises a PCB and selectively heats the heating areas of the heating blade to different temperatures but does not explicitly disclose preheating the portion in the second/upstream region, Johnson teaches using a heating element to preheat an area upstream of a heating plate to decreases the time to vaporize the medium, and this involves applying a known preheating configuration in a similar aerosol generating device to yield predictable results.
Regarding claim 2, Plojoux discloses an air inlet channel (28) running alongside the cavity (22) to feed air into the second region of the chamber (Fig. 2, [0065]).
Regarding claim 3, Dumen discloses the heating blade (13) extends into the cavity (10) in a direction towards the opening (Fig. 1, [0051]).
Regarding claim 5, Dumen discloses the moveable disc (101) is configured to move along the heating blade (13, Fig. 1, [0050]).
Regarding claim 6, Dumen discloses:
Four heating areas (26, 27, 28, 29 “a plurality of heating zones”) that can be selectively heated (Fig. 4, [0013, 0068]).
A control part (12) determines the power supplied to the heating areas (26, 27, 28, 29) based on the position of the movable disc (101, Fig. 3, [0070]).
The heating areas (26, 27, 28, 29) may be heated to different temperatures to control the release of aerosol forming substances from different portions of the substrate ([0021]).
All heating areas (26, 27, 28, 29) may be provided power upon start up to heat the heating element (13) faster ([0020]).
Johnson discloses a preheating area (74) upstream of the heating plate (13) which provides heated air to the oven assembly (13) and decreases the time to vaporize the medium (Fig. 3, Fig. 5, [0043-0044, 0049]).
In regards to the limitation requiring that the first temperature of the heating zones in the first region is different that the second temperature of the heating zones in the second region, Dumen discloses the heating areas (26, 27, 28, 29) may be heated to different temperatures ([0021]) and Johnson discloses a preheating area (74) upstream of the heating plate (13, Fig. 3, Fig. 5, [0043-0044, 0049]). Therefore, Dumen, in view of Plojoux, Zheng, Sur, and Johnson, reasonably suggests an embodiment where the first set of heating zones arranged in the first portion of the cavity (10) where the aerosol forming substrate is positioned are heated to a different temperature then the second set of heating zones arranged in the second portion of the cavity (10) where the air is preheated.
Regarding claim 7, Dumen discloses the movable disc (101) is movable between an extended position (22) and a retracted position (2) where the extended position (22) is closer to the opening than the retracted position (2, Fig. 2, [0053, 0056]),
Regarding claim 8, Dumen discloses the heating blade (13) passes through an opening (1010) in the movable base (101, Fig. 2, Fig. 7 [0056, 0073]).
Regarding claim 9, Dumen discloses a moveable disc (101) comprising a first surface facing the toward the opening of the cavity (10), a second opposite surface facing away from the opening of the cavity (10). Zheng discloses air inlets (117, “a plurality of air channels”) that pass through a movable base to allow air to enter the interior of the heating cup (102, Fig. 4, [0040]) and therefore connect the first surface to the second surface.
Regarding claim 10, Dumen discloses the heating blade (13) is inserted into the aerosol forming substrate (4) when the aerosol forming substrate is received in the cavity (10, Fig. 4, [0033, 0066]).
Regarding claim 11, Dumen discloses the heating blade (13) comprises a pointed end (130, “piercing end”) directed towards the opening of the cavity (10, Fig. 1, Fig. 2, [0033])
Regarding claim 12, Dumen discloses the heating blade (13) is configured to heat an aerosol forming substate (4, Fig. 4 [0060]) where different heating areas of the heating blade may be heated to different temperatures to accommodate different types of aerosol forming substrate containing substances that release at different temperatures ([0021])
Dumen does not explicitly disclose the heating blade (13) is configured to heat the aerosol forming substate (4) without burning the aerosol forming substrate (4). However, Dumen discloses a heating blade (13) comprising a plurality of heating areas configured to heat different aerosol forming substrates to different temperatures to optimize the release of substances. Therefore, a person having ordinary skill in the art would reasonably expect the heating areas to be capable of being heated to a temperature where the substrate is heated but not burned.
Regarding claim 14, Dumen discloses the aerosol forming substrate (4), is a rod of tobacco (Fig. 4, [0004, 0060, 0065]).
Regarding claim 16, Dumen discloses an aerosol generating device (abstract, Fig. 1, [0049]), comprising:
A cavity (10, “a chamber”) for receiving an aerosol forming substrate (4, Fig. 1, [0049-0050]),
A heating blade (13) to heat the aerosol forming substrate (4, Fig. 1, Fig. 4, [0051, 0065]), and;
PCB control electronics (12, “a controller”) for operation and control of the device (Fig. 1, [0049]).
The bottom of the cavity (10) is formed by movable disc (101, “movable base”) that moves along a longitudinal axis of the cavity (10) and comprises an opening (1010) configured to receive the heating blade (13, Fig. 1, Fig. 2, Fig. 7, [0009-0010, 0050, 0073]).
The moveable disc (101) divides the cavity (10) into a first region close toward the opening of the cavity (10) and a second region farther from the opening of the cavity (10), such that a first portion of the heating blade (13) is arranged in the first region and a second portion of the heating blade (13) is arranged in a second region (Fig. 1).
An air inlet (“one or more air inlets in the second region”) arranged at the base of the cavity (10, i.e. in the second region) where the heating blade (13) passes through (Fig. 1).
Dumen does not explicitly disclose one of more air channels connecting one or more air inlet openings adjacent to the opening of the chamber to the one or more air inlets in the second region of the chamber.
However, Plojoux, directed to an aerosol generating system (abstract), discloses:
An aerosol generating system (100) comprising a cavity (22, “chamber”) for receiving a smoking article (102) including an aerosol generating substrate (12, Fig. 2, [0065])
Air inlets (26) formed on the proximal face of the housing (“air inlet openings adjacent to the opening of the chamber”) wherein air is draw through the air inlets (26), passes through an air channel (28, “one or more air inlet channels”) around the outside of the cavity (22), and enters the aerosol forming substrate (12) at the base of the cavity (22, arrows in Fig. 2, Fig. 3, [0065, 0066])
The air inlets (26) are positioned on a proximal face of the housing because the air inlets (26) are very unlikely to be inadvertently blocked by a user's hand during use ([0068]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Dumen by providing air inlets on the proximal face of the housing and an air channel around the cavity as taught by Plojoux because both Dumen and Plojoux are directed to aerosol generating devices, Plojoux teaches positioning the air inlets on a proximal face of the housing such that the air inlets are unlikely to be inadvertently blocked by a user's hand during use, and this involves applying air inlets in a known arrangement to a similar device to yield predictable results.
Dumen or Plojoux do not explicitly disclose one or more channels separate from the opening for the heating blade that are configured to allow airflow through the movable base.
However, Zheng, directed to an electronic cigarette (10, Fig. 1, [0027]), discloses:
A heating cup (102, “chamber”) nested in a housing (101), where the heating cup (102) can move axially to extend or retract within the housing (101, Fig. 2, Fig. 5, [0035]).
The base of the heating cup (102) moves along the length of a chamber and is therefore considered to be a movable base.
The heating cup (102) comprises a base (“a movable base”) with two channels (117) extending through the base to allow air to enter the interior of the heating cup (102, Fig. 4, [0040]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Dumen, in view of Plojoux, by providing two air channels on the movable disc as taught by Zheng because both Dumen and Zheng are directed to aerosol generating devices, Zheng teaches the air channels allow air to enter the interior of the heating chamber, and this involves applying known air inlets in a similar movable base in a similar aerosol generating device to yield predictable results.
Dumen discloses the aerosol generating device comprises PCB control electronics (12, “a controller”) for operation and control of the device (Fig. 1, [0049]) and that heating areas (26, 27, 28, 29) of the heating blade (13) are selectively heated (Fig. 1, Fig. 4, [0013, 0063, 0066-0068]).
Dumen does not explicitly disclose the PCB comprises at least one processor for adjusting power supplied to the selected heating areas.
However, Sur, directed to an aerosol delivery device (Fig. 3, [0074), discloses:
A control component (322) comprising a processor (508) configured to selectively power a heating element (334) of a segmented heater (322, Fig. 3, Fig. 5, [0074, 0086, 0092-0093]).
The control component may be formed on a printed circuit board (PCB, [0061]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Dumen, in view of Plojoux and Zheng, by proving a processor within the printed circuit board and configuring the processor to selectively power the heating areas as taught by Sur because both Dumen and Sur are directed to aerosol generating devices, Dumen teaches the device comprises a PCB and selectively heats the heating areas of the heating blade but is silent to how the controller adjusts power to the heating areas, Sur teaches a similar aerosol generating device having segmented heating that uses a processor to selectively heat the heating elements, and this involves applying a known processor and configuration to a printed circuit board in a similar aerosol generating device to yield predictable results.
Dumen discloses heating areas (26, 27, 28, 29) of the heating blade (13) that can be selectively heated to different temperatures (Fig. 1, Fig. 4, [0013, 0063, 0066-0068]) and all heating areas (26, 27, 28, 29) may be provided power upon start up to heat the heating element (13) faster ([0020]).
Dumen, in view of Plojoux, Zheng, and Sur does not explicitly disclose heating the second portion upstream of the movable base to a second temperature to pre-heat the air during inhalation by a user.
However, Johnson, directed to a personal electronic vaporizer (PEV 1, Fig. 2, [0036]), discloses:
An oven assembly (13) comprising a heating plate (13) for heating a medium, and a preheating area (74) upstream of the heating plate (13) which provides heated air to the oven assembly (13) and decreases the time to vaporize the medium (Fig. 3, Fig. 5, [0043-0044, 0049]).
The preheating area (74) may generate heat by passing air over heating elements (Fig. 3, [0044]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Dumen, in view of Plojoux, Zheng and Sur, by configuring the controller to heat the heating area upstream of the moveable base taught by Johnson because both Dumen and Johnson are directed to aerosol generating devices, Dumen teaches the device comprises a PCB and selectively heats the heating areas of the heating blade to different temperatures but does not explicitly disclose preheating the portion in the second/upstream region, Johnson teaches using a heating element to preheat an area upstream of a heating plate to decreases the time to vaporize the medium, and this involves applying a known preheating configuration in a similar aerosol generating device to yield predictable results.
Regarding claim 17, Plojoux discloses an air inlet channel (28) running alongside the cavity (22) to feed air into the second region of the chamber (Fig. 2, [0065]).
Regarding claim 19, Dumen discloses the movable disc (101) is movable between an extended position (22) and a retracted position (2) where the extended position (22) is closer to the opening than the retracted position (2, Fig. 2, [0053, 0056]).
Regarding claim 20, Dumen discloses a moveable disc (101) comprising a first surface facing the toward the opening of the cavity (10), a second opposite surface facing away from the opening of the cavity (10). Zheng discloses air inlets (117, “one or more channels”) that pass through a movable base to allow air to enter the interior of the heating cup (102, Fig. 4, [0040]). and therefore connect the first surface to the second surface.
Regarding claim 21, Dumen discloses the moveable disc (101) is configured to move along the heating blade (13, Fig. 1, [0050]).
Regarding claim 22, Dumen discloses:
Four heating areas (26, 27, 28, 29 “a plurality of heating zones”) that can be selectively heated (Fig. 4, [0013, 0068]).
A control part (12) determines the power supplied to the heating areas (26, 27, 28, 29) based on the position of the movable disc (101, Fig. 3, [0070]).
The heating areas (26, 27, 28, 29) may be heated to different temperatures to control the release of aerosol forming substances from different portions of the substrate ([0021]).
All heating areas (26, 27, 28, 29) may be provided power upon start up to heat the heating element (13) faster ([0020]).
Johnson discloses a preheating area (74) upstream of the heating plate (13) which provides heated air to the oven assembly (13) and decreases the time to vaporize the medium (Fig. 3, Fig. 5, [0043-0044, 0049]).
In regards to the limitation requiring that the first temperature of the heating zones in the first region is different that the second temperature of the heating zones in the second region, Dumen discloses the heating areas (26, 27, 28, 29) may be heated to different temperatures ([0021]) and Johnson discloses a preheating area (74) upstream of the heating plate (13, Fig. 3, Fig. 5, [0043-0044, 0049]). Therefore, Dumen, in view of Plojoux, Zheng, Sur, and Johnson, reasonably suggests an embodiment where the first set of heating zones arranged in the first portion of the cavity (10) where the aerosol forming substrate is positioned are heated to a different temperature then the second set of heating zones arranged in the second portion of the cavity (10) where the air is preheated.
Conclusion
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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