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 1-19 and 25 are pending. Claim 25 is withdrawn. Claim 1 is amended.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/27/2026 has been entered.
Response to Amendment
The Examiner acknowledges the Applicant’s response filed on 01/27/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pg. 7, filed 01/27/2026, with respect to the rejection of claim 1 under 35 U.S.C. 112(b) have been fully considered but are not persuasive. Applicant has amended claim 1 to recite, “a sensing material made by metal” instead of a “metal sensing material.” It remains unclear what is meant by a sensing material made by metal. The specification discloses a sensing material made by metal but does not appear to provide a description of what a sensing material is. Applicant has not made clear what is meant by a sensing material made of metal. Therefore, the rejection is maintained.
Applicant’s arguments, see pg. 7-11, filed 01/27/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 as being unpatentable over Guan (CN 110810930 A) in view of Blanding (US 20230172274 A1) and Bogran (US 20210378304 A1) have been fully considered but are not persuasive. Applicants’ arguments appear to be the same arguments filed with Applicant’s response dated 08/07/2025. The Examiner addressed these arguments in the Final Rejection dated 10/27/2026 (see pg. 2-3).
On pg. 10, Applicant argues that the outer cover (222) disclosed by Guan does not provide the ability to electromagnetically shield the sensing element (223). However, the Examiner relied upon Bogran for disclosing an outer surface formed of a metal sensing material to provide shielding (see pg. 6 of the Final Rejection dated 10/27/2026).
On pg. 10, Applicant argues that heating body (221) does not surround the sensing element (223). However, the Examiner relied upon the heating body (221) and outer cover (222) as disclosing the claimed sensing part (see pg. 4 of the Final Rejection dated 10/27/2026). The outer surface of the outer cover (222) is a portion of the sensing part and surrounds the sensing element (223).
The rejections below are maintained and modified based on Applicant’s amendment.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "sensing material made of metal” in line 7. It is unclear if a sensing material made of metal refers to any metal that can be heated for sensing a temperature of the susceptor or more specifically a metal that can be heated by a varying magnetic field. The specification discloses the sensing part (31a, 32a) are formed with any suitable metal or alloy sensing materials ([0085]). For the purposes of examination, “sensing material made of metal” will be interpreted as a metal that can be heated.
Claims 2-19 are rejected by virtue of their dependence on claim 1.
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, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 110810930 A, as cited on IDS dated 12/02/2022, hereinafter referring to the English translation provided) in view of Blanding (US 20230172274 A1) and Bogran (US 20210378304 A1).
Regarding claim 1, Guan discloses an electronic smoking set (100), comprising:
A cavity (11, “a chamber”) for receiving a tobacco product (“an inhalable material”, Fig. 2, [0054])
A magnetic excitation coil (50, “a magnetic field generator”, Fig. 2, [0002, 0052])
A heat emitting needle (22, “a susceptor”), disposed in the cavity (11, “chamber”) comprising a heating body (221) that generates heat to heat the tobacco product, an outer cover (222), and a sensing element/thermocouple (223) for measuring a temperature of the heating body (221, Fig. 6, [0058-0062]). The heating body (221) and outer cover (222) are considered to meet the claim limitation of a sensing part.
The outer surface of the outer cover (222, i.e. part of the sensing part) faces the magnetic excitation coil (50, “a magnetic field generator”, Fig. 2).
The sensing element (223) is a pair of electric wires connected to the sensing part (Fig. 6, [0059]).
Guan does not explicitly disclose the magnetic excitation coil (50) generates a variable magnetic field within the cavity (11) or that the heating body (221) is penetrated by a variable magnetic field to generate heat. However, Guan discloses the excitation coil (50) supplies power to the heat emitting needle for heating (Guan: [0018]) and the specification discloses the magnetic field generator may be an induction coil (L, [0068-0070]). Therefore, a person having ordinary skill in the art would reasonably expect the magnetic excitation coil (50) to be capable of generating a variable magnetic field within the cavity that penetrates the heating body (221) to heat the heating body (221).
Guan does not explicitly disclose the sensing element (223) is made of a first metal material and a different, second metal material.
However, Blanding, directed to a heater arrangement for an aerosol provision device (abstract), discloses:
A susceptor (132) comprising a thermocouple for measuring the temperature of the susceptor (Fig. 6, Fig. 7, [0102])
The thermocouple comprises two conductors (210, 212) made of dissimilar materials such as iron (“a first metal material”) and a copper-nickel alloy (“a second metal material”, Fig. 7, [0102])
The two conductors (210, 212) form a measurement junction (214) at a temperature (T1) and the opposite end of the two conductors (210, 212) are held at a second, known temperature (T2, [0102, 0103]).
Providing a thermocouple with two dissimilar materials allows the temperature (T1) of the junction (214) to be determined by the voltage difference between the two conductors ([0103])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Guan by using two dissimilar metal materials for the sensing element as taught by Blanding because both Guan and Blanding are directed aerosol generating devices, Blanding teaches the two dissimilar materials allow the temperature to be determined using voltage, and this involves applying a known temperature sensing arrangement to a similar device to yield predictable results.
Guan or Blanding do not explicitly disclose the outer cover (222, i.e. a portion of the sensing part) has an outer surface formed of a sensing material made by metal.
However, Bogran, directed an electronic vaporizer device (100, Fig. 1) discloses:
A susceptor element (304) positioned inside a tubular shielding element (322, Fig. 3, [0080, 0087])
The shielding element is made of stainless steel ([0089])
The shielding element (322) reduces an amount of electromagnetic radiation absorbed by susceptor element (304) to prevent degradation of a vaporizable substance that is in contact with shielding element 322, (Fig. 3, [0087]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Guan, in view of Blanding by forming the outer cover of stainless steel to form a shielding element as taught by Bogran because both Guan and Bogran are directed aerosol generating devices, Bogran teaches a shielding element prevents degradation of the vaporizable substance in contact with the shielding element, and this involves applying known shielding element to a similar susceptor in an aerosol generating device to yield predictable results.
Bogran discloses a shielding element (322) formed of stainless steel to shield the susceptor element (304) from electromagnetic radiation (Fig. 3, [0087]). Therefore, a person having ordinary skill in the art would reasonably expect the first and second metal material (Guan: 223, Blanding: 210, 212, [0102]) disposed in the outer cover (222) to be electromagnetically shielded from the variable magnetic field.
Regarding claim 2, modified Guan discloses the sensing element (Guan: 223) comprises a pair of electric wires (Guan: Fig. 6, [0059], “elongated filaments”) made of two dissimilar metal materials (Blanding: [0102, 0103]).
The rejection of claims 3-19 are made in reference to the annotated Fig. 6 and Fig. 7 below.
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Regarding claim 3, Guan discloses:
The heat emitting needle (22, “susceptor”) comprises a heating body (221, “a first part”) and an outer cover (222, “ a second part”)
The outer cover (222) is a hollow cylinder extending along the longitudinal axis of the cavity (11, Fig. 2, Fig. 6, Fig. 7, [0058]). The cylindrical portion of the outer cover is considered to meet the claim limation of a second part.
The heating body (221, “first part”) comprises a lengthened portion that extends into the outer cover (222, “second part”), the sensing element (223) comprising the first and second metal materials are accommodated in the outer cover (222, “second part”), and the sensing element (223) is connected to the lengthened portion as shown in the annotated Fig. 6 and Fig. 7.
Regarding claim 5, Guan discloses the lengthened portion is in contact with the inner wall of the outer shell (222, “second part”, Fig. 7, [0058]).
Guan does not explicitly disclose the lengthened portion conducts heat with the inner wall of the outer shell (222, “second part”). However, Guan discloses the lengthened portion is in contact with the inner wall of the outer shell (222, “second part”, Fig. 7, [0058]). A person having ordinary skill in the art would recognize that two surfaces in contact would be capable of conducting heat.
Regarding claim 8, modified Guan discloses:
The outer cover (Guan: 222, “second part”) is stainless steel (Guan: Fig. 6, Fig. 7, Bogran: [0089])
A portion of the sensing element (Guan: 223) comprising a first and second metal material (Blanding: [0102]) is accommodated in the outer cover (Guan: 222, “second part”, Fig. 7)
Guan does not explicitly disclose the first and second metal materials are isolated from the variable magnetic field. However, Guan discloses the sensing element (223) is accommodated in an outer cover (222) and Bogran discloses the outer cover is a shielding element made of stainless steel ([0089]). The specification discloses the susceptor is formed of stainless steel ([0076]). Therefore, a person having ordinary skill in the art would reasonably expect the outer cover formed of stainless steel to be isolated the first or second metal material from the variable magnetic field.
Regarding claim 9, Guan discloses:
The heat emitting needle (22, “susceptor”) comprises a base part arranged on the second end (Fig. 6, Fig. 7)
The base part is accommodated in the first fixing piece (21) which supports the heat emitting needle (22, Fig. 7, [0056 0057])
Regarding claim 10, modified Guan discloses the first metal material and second metal material (Blanding: [0102]) of the sensing element (Guan: 223) are in contact with the heating body (Guan: 221, Fig. 7, [0061]).
Claims 4, 6, 7, 12-13, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 110810930 A, as cited on IDS dated 12/02/2022, hereinafter referring to the English translation provided) in view of Blanding (US 20230172274 A1) and Bogran (US 20210378304 A1) as applied to claim 3 above, and further in view of Yan (CN 110477461 A, as cited on IDS dated 12/02/2022, hereinafter referring to the English translation previously provided in the office action dated 02/25/2025).
Regarding claim 4, Guan discloses:
The outer cover (222, “second part”) comprises a first end and second end opposite to the first end, along the length direction of the heat emitting needle (22, “susceptor”)
The heating body (221, “first part”) is nested in the outer cover (222, “second part”)
The center of the sensing element (223) is disposed in the concave portion (224, “a connecting position”) of the heating body (221, “first part”, Fig. 7, [0061])
The distance between the concave portion (224, “a connecting position”) and the first end is less than one half the length of the outer cover (222, “second portion”), as shown in Fig. 7. Less than one half overlaps with the claimed range of one third to one half the length and is therefore considered prima facie obvious.
Guan does not explicitly disclose the heating body (221, “first part”) penetrates the outer cover (222) through the first end.
However, Yan, directed to a heating element (10) for an electronic cigarette, discloses:
A heating element (10) comprising a ceramic housing (103, “second part”) sleeved on the outer surface of a heating body (101, “first part”, Fig. 1, Fig. 2, [0037])
The ceramic housing (103) comprises a first end at the top of the cylindrical portion and a second end opposite the first end (Fig. 2).
The shape of the heating body (101) can be cylindrical, needle shaped, or similar (Fig. 2, [0039]).
The frustoconical tip of the heating body (101) extends through the first end of the ceramic shell (103, Fig. 4).
The inner contour of the ceramic housing (103) matches the outer contour of the heating body (101) so that there is no gap between the components which minimizes heat loss ([0047])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the heating body of Guan, in view of Blanding and Bogran, with a frustoconical tip as taught by Yan because both Guan and Yan are directed to aerosol generating devices, Yan teaches the ceramic housing and heating body are nested with no gap between to prevent heat loss, and this involves applying a known heating body shape to a similar heating element to yield predictable results.
Regarding claim 6, Guan does not illustrate the lengthened portion in sufficient detail to ascertain angles of the lengthened portion relative to a circumferential direction of the second part (Fig. 6, Fig. 7).
However, Yan, directed to a heating element (10) for an electronic cigarette, discloses:
A heating element (10) comprising a ceramic housing (103, “second part”) sleeved on the outer surface of a heating body (101, “first part”, Fig. 1, Fig. 2, [0037]).
The heating body (101, “first part”) comprises a holding structure (1011a, ”lengthened portion”) where an angle of the lengthened portion is less than 180 degrees along a circumferential direction of second part, shown in annotated Fig. 2 below.
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A thermocouple (102) comprising a first thermocouple wire (1021) and a second thermocouple wire (1022) set in a holding structure (1011a, Fig. 2, [0037-0038])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Guan, in view of Blanding, by arranging the pair of wires of the sensing element in the holding structure taught by Yan because both Guan and Yan are directed to aerosol generating devices, Guan does not illustrate the lengthened portion in sufficient detail to ascertain angles of the lengthened portion and Yan discloses a similar heating element having a holding structure, one would be motivated to look to similar heating elements for how to arrange the sensing element/thermocouple and this involves applying a known holding structure to a similar heating element to yield predictable results.
Regarding claim 7, Modified Guan discloses the frustoconical tip of the heating body (Guan: 221, Yan: 101) extends through the first end of the outer cover (Guan: 222, Yan: 103, Fig. 4) and an outer diameter of the frustoconical tip decreases gradually from the first end of the outer cover (222) to the tip of the outer cover (222 “a direction facing away from the second part”).
Regarding claim 12, modified Guan discloses the first and second metal materials (Blanding: [102]) of the sensing element (223) are arranged within the heating body (Guan: 221) along the length of the heat emitting needle (Guan: 22, “susceptor”, Fig. 7)
Guan does not explicitly disclose the sensing element is arranged in an accommodation channel with a volume less than 25% of a volume of the susceptor.
However, Yan, directed to a heating element (10) for an electronic cigarette, discloses:
A heating element (10) comprising a ceramic housing (103, “second part”) sleeved on the outer surface of a heating body (101, “first part”, Fig. 1, Fig. 2, [0037])
A thermocouple (102) comprising a first thermocouple wire (1021) and a second thermocouple wire (1022) set in a holding structure (1011a, Fig. 2, [0037-0038])
The holding structure (1011a) comprises two channels (“at least one accommodation channel”) extending along a length of the heating element (10) for accommodating the first thermocouple wire (1021) and the second thermocouple wire (1022, Fig. 2, Fig. 3, Fig. 4, [0038, 0043-0045])
The volume of the hollow part of the accommodation channels are less than 25% of the total volume of the heating element (10), as shown in Fig. 2 and Fig. 4.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Guan, in view of Blanding and Bogran, by arranging the pair of wires of the sensing element in the holding structure taught by Yan because both Guan and Yan are directed to aerosol generating devices, Guan does not illustrate the arrangement of the sensing element in the heat emitting needle in enough detail to ascertain the relative channel volume and Yan discloses a similar heating element with thermocouple set in a holding structure, one would be motivated to look to similar heating elements for how to arrange the thermocouple and this involves applying a known holding structure to a similar heating element to yield predictable results.
Regarding claim 13, modified Guan discloses the accommodation channel comprises two holes where the first metal material and second metal material are each disposed in one of the holes (Guan: Fig. 6, Fig. 7, Yan: Fig. 2, Fig. 3, Fig. 4, [0038, 0043-0045]).
Regarding claim 15, modified Guan discloses:
The heat emitting needle (Guan: 22, “susceptor”) has a first end and second end, as shown in annotated Figure 6 and Figure 7 of Guan.
The accommodation channels start at the first end of the heat emitting needle (Guan: 22) and extend toward the second end of the heat emitting needle (Guan: 22), terminating in a closed end (Yan: Through-hole 1011b) located between the first end and second end of the heat emitting needle (Guan: 22, Fig. 6, Fig. 7, Yan: Fig. 2, Fig. 3, Fig. 4)
Regarding claim 16, Yan discloses the length of the accommodation channels is less than half the length of the heating element (10), as shown in Fig. 4. An extension length is interpreted as the length extending along the length of the device.
Regarding claim 17, Guan discloses the heat emitting needle (22) comprises a first heating section and second heating section that are fixedly connected, as shown in annotated Fig. 6 and Fig. 7. The bottom portion of the heating body (221) is considered to be a first heating section and the top portion of the heating body is considered to be a second heating section.
Regarding claim 18, Yan discloses the two accommodation channels are arranged on the lower portion (“first heating section”) of the heating body (101) along the length direction (Fig. 2, Fig. 3, Fig. 4).
Regarding claim 19, modified Guan discloses both the first metal material and second metal material comprise a connecting portion and extending portion, the connection portion is close to the connection between the first metal material and second metal material (Yan: 1023), and the extending portion is arranged in the accommodation channels, as illustrated in annotated Fig. 4 (Yan) below.
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Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 110810930 A, as cited on IDS dated 12/02/2022, hereinafter referring to the English translation provided) in view of Blanding (US 20230172274 A1) and Bogran (US 20210378304 A1) as applied to claim 1 above, and further in view of Courbat (US 20210244103 A1).
Regarding claim 11, Guan discloses the sensing element (223) is a pair of electric wires (Fig. 6, [0059]).
Guan does not explicitly disclose an insulating layer provided on surfaces of the sensing element.
However, Courbat, directed to an aerosol generating device (200, Fig. 7), discloses:
A susceptor (11) having a temperature sensor (13, Fig. 2, [0123-0124])
The temperature sensor (13) comprises a first and second thermocouple wire (132, 133) surrounded by insulation layers (134, 135 Fig. 5,[0137,0139])
The insulation layers reduce the generation of induced currents through the thermocouple and provide more accurate temperature measurements of the susceptor ([0047, 0083]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Guan, in view of Blanding, and Bogran, by providing an insulating layer on the first and second metal materials of the sensing element, as taught by Courbat because both Guan and Courbat are directed to aerosol generating devices, Courbat teaches the insulating layer results in more accurate temperature measurements of the susceptor and this involves applying a known insulating layer to a thermocouple used for measuring the temperature of a susceptor to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Guan (CN 110810930 A, as cited on IDS dated 12/02/2022, hereinafter referring to the English translation provided) in view of Blanding (US 20230172274 A1) Bogran (US 20210378304 A1), and Yan (CN 110477461 A, as cited on IDS dated 12/02/2022, hereinafter referring to the English translation previously provided in the office action dated 02/25/2025), as applied to claim 13 above, further in view of Yang (CN 107373776 A, as cited on IDS dated 08/09/2024, hereinafter referring to the English translation provided).
Regarding claim 14, Guan is silent to the dimensions of the accommodation channels and the heat emitting needle (22).
However, Yang, directed to heating element for an electronic cigarette (abstract, [0001]) discloses:
A heating element (1) comprising a thermocouple (10) arranged in slots (5, 6) within the heating element (1, Fig. 2, [0029])
The slot depth is 0.01 to 0.8 mm to provide space for the thermocouple (claim 5). The claimed range overlaps with the range taught by the prior art and is therefore considered prima facie obvious.
The heating element (1) width is 0.2 to 1 cm (claim 3). The claimed range overlaps with the range taught by the prior art and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Guan, in view of Blanding, Bogran, and Yan, by using a diameter of 0.01 to 0.8 mm for the accommodation channels and a diameter of 0.2 to 1 cm for the susceptor, as taught by Yan because both Guan and Yang are directed to aerosol generating devices, Guan is silent to the dimensions of the accommodation channel and susceptor, and Yang discloses dimensions of a similar heating element with a thermocouple arranged within the heating element, and one would be motivated to look to similar heating elements for dimensions of the accommodation channels and susceptors and this involves applying a known dimensions of channels and susceptor diameter to a similar heating element to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755