DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/10/2026 has been entered.
Status of the Claims
Claims 1-10 are pending. Claim 1 has been amended.
Response to Arguments
Applicant’s arguments, see pages 5-8 of Remarks filed 6/10/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. The Applicant has amended claim 1 to include limitations that were not previously presented and are not anticipated by Han. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection are made in view of newly found prior art Lee.
Claim Rejections - 35 USC § 102
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.
Claims 1-2 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2020/0187555 A1).
Regarding claim 1, Lee discloses a vapor generation device (“aerosol generation device 1000”, Fig. 3, ¶ 0069), configured to heat an inhalable material (“heating the cigarette 2000”, Fig. 1, ¶ 0096) to generate an aerosol for inhalation (“inhale aerosol”, ¶ 0084), wherein the device comprises an outer housing (combination of “cover 1002” and “case 1001”, Figs. 3 and 6, ¶ 0070, where “case 1001” includes “protrusion pipe 1020”, Fig. 5, ¶ 0092), and the outer housing is internally provided with:
an inner tube (combination of “extension support surface 26” and “inner cylinder 10” of “cigarette support portion 4”, Figs. 5-6, ¶ 0098-0099), configured to extend along a length direction of the outer housing (Fig. 6), wherein at least a part of a hollow is configured as a cavity for receiving the inhalable material (“accommodation passage 1004h”, Figs. 5-6, ¶ 0106), the cavity comprises a near end (see Fig. 6 below, annotated by examiner) and a far end (see Fig. 6 below, annotated by examiner) opposite to each other along the length direction (see Fig. 6 below, annotated by examiner), and the inhalable material is removably received in the cavity through the near end (see Fig. 6 below, annotated by examiner); and
a holder (“protrusion pipe 1020”, Fig. 6, ¶ 0092), wherein an air dielectric layer (“inner space 50”, Fig. 6, ¶ 0112) is formed between the holder and the inner tube (“inner space 50 is formed between the protrusion pipe 1020 and the cigarette support portion 4” which includes the inner tube, Fig. 6, ¶ 0112), the air dielectric layer is an annular space configured to extend along a length direction of the inner tube and surround the entire inner tube (as the holder is annular, Fig. 5, “protrusion pipe 1020 surrounds and protects the heater 1030”, ¶ 0094, and the air dielectric layer “inner space 50 is formed between the protrusion pipe 1020 and the cigarette support portion 4” which includes the cylindrical inner tube, the air dielectric layer will also be annular and, therefore, surround the entire inner tube, see Fig. 6), and surround and extend beyond a tip end of a heater (“upper end portion 1031” of “heater 1030”, Fig. 6, ¶ 0096) in the inner tube (Fig. 6), to reduce outward conduction of heat in the cavity along a radial direction (as the air gap radially surrounds the inner tube, it will reduce outward conduction of heat in the cavity along a radial direction), the air dielectric layer comprises a closed end (see Fig. 6 below, annotated by examiner) close to the near end (see Fig. 6 below, annotated by examiner) and an open end (“outside air flown into the inflow passage 1004g flows into the inner space 50”, ¶ 0113, see Fig. 6 below, annotated by examiner) close to the far end along the length direction (see Fig. 6 below, annotated by examiner), wherein the closed end is closer to the near end than the heater (see Fig. 6 below, annotated by examiner), and the open end is in an airflow communication with the cavity (through “heater insert hole 10b”, Fig. 6, ¶ 0113), so that external air is capable of entering the cavity through the open end during inhalation (“outside air flown into the inflow passage 1004g flows into the inner space 50 along the gap between the cigarette support portions 4 and the protrusion pipe 1020, and may be inhaled by the user in the inner space 50 according to an inhalation operation of the user through the heater insert hole 10b via the cigarette 2000”, Fig. 6, ¶ 0113).
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Figure 6, Annotated by Examiner
Regarding claim 2, Lee discloses the vapor generation device of claim 1, as stated above. Lee further discloses wherein a tube wall of the inner tube is provided with a first air inlet hole (“heater insert hole 10b”, Fig. 6, ¶ 0113) arranged close to the far end of the cavity (see Fig. 6 above, annotated by examiner), wherein the first air inlet hole is in an airflow communication with the open end of the air dielectric layer (Fig. 6, ¶ 0113), so that the external air entering from the open end enters the cavity through the first air inlet hole during inhalation (“According to this structure, the outside air flown into the inflow passage 1004g flows into the inner space 50 along the gap between the cigarette support portions 4 and the protrusion pipe 1020, and may be inhaled by the user in the inner space 50 according to an inhalation operation of the user through the heater insert hole 10b via the cigarette 2000.”, ¶ 0113, see Fig. 6).
Regarding claim 9, Lee discloses the vapor generation device of claim 1, as stated above. Lee further discloses wherein the outer housing comprises a first housing (“cover 1002”, Figs. 3 and 6, ¶ 0070) and a second housing (“protrusion pipe 1020”, Figs. 5-6, ¶ 0092), wherein:
at least a part of the second housing forms the holder (the second housing is the holder), the first housing at least partially surrounds the holder (Fig. 6) and is supported by the holder (Fig. 6), and the first housing is movable relative to the second housing along the length direction, to extract the inhalable material received in the cavity (Fig. 4, ¶ 0089).
Regarding claim 10, Lee discloses the vapor generation device of claim 9, as stated above. Lee further discloses wherein the second housing is provided with a second air inlet hole (“inflow passage 1004g”, Fig. 6, ¶ 0113) being in an airflow communication with a first air inlet hole (“heater insert hole 10b”, Fig. 6, ¶ 0113), and the external air enters the cavity through the second air inlet hole and the first air inlet hole sequentially during inhalation (“outside air flown into the inflow passage 1004g flows into the inner space 50 along the gap between the cigarette support portions 4 and the protrusion pipe 1020, and may be inhaled by the user in the inner space 50 according to an inhalation operation of the user through the heater insert hole 10b via the cigarette 2000”, Fig. 6, ¶ 0113).
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.
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 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2020/0187555 A1) as applied to claim 2 above, and further in view of Zinovik et al. (US 2022/0030948 A1).
Regarding claim 3, Lee discloses the vapor generation device of claim 2, as stated above.
Lee also discloses that the heater further comprises a pin (“heater 1030”, Fig. 6, ¶ 0096) at least partially extending along an axial direction of the cavity (Fig. 6), capable of being inserted into the inhalable material for heating when the inhalable material is received in the cavity (Fig. 6, ¶ 0096).
However, Lee does not disclose that the pin is a susceptor capable of being penetrated by a changing magnetic field generated from a magnetic field generator.
Zinovik, in the same field of endeavor, discloses a vapor generation device (“aerosol-generating device 10” in Fig. 1, ¶ 0085) comprising
a magnetic field generator (“induction coil 30”, Fig. 1, ¶ 0085), arranged on a holder (holder 11, Fig. 1), and configured to generate a changing magnetic field (“generating an alternating, in particular high-frequency electromagnetic field”, ¶ 0085); and
a heater comprising a susceptor (“susceptor assembly 60”, ¶ 0085), configured into a pin shape (“susceptor pin”, ¶ 0017) at least partially extending along an axial direction of a cavity (Fig. 1), capable of being penetrated by the changing magnetic field (“susceptor assembly 60 that is arranged within the receiving cavity such as to experience the electromagnetic field generated by the induction coil 30”, ¶ 0085) to generate heat (“upon activating the induction source, the susceptor assembly 60 heats up”, ¶ 0085), and inserted into an inhalable material for heating when the inhalable material is received in a cavity (“allowing the aerosol-generating article 100 to be inserted into the receiving cavity 20. The other end of the susceptor blade 60, that is, the distal free end 63 is tapered such as to allow the susceptor blade to readily penetrate into the aerosol-forming substrate 130 within the aerosol-forming rod segment 110 at the distal end 102 of the aerosol-generating article 100”, Fig. 1, ¶ 0087).
One of ordinary skill in the art would have understood that heater pins and susceptor pins, with corresponding magnetic field generators for heating the susceptor pins, are interchangeable and are capable of performing the same function of inserting into an inhalable material for heating when the inhalable material is received in a cavity. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the susceptor pin and magnetic field generator taught by Zinovik in place of the heater pin taught by Lee (see MPEP § 2143(I)(B)). In the resulting configuration, the magnetic field generator will be arranged on the holder of Lee.
Regarding claim 4, Lee in view of Zinovik teaches the vapor generation device of claim 3, as stated above. Lee further discloses wherein the holder comprises a first end (see Fig. 6 above, annotated by examiner) close to the near end (see Fig. 6 above, annotated by examiner) and a second end (see Fig. 6 above, annotated by examiner) close to the far end along the length direction (see Fig. 6 above, annotated by examiner), wherein:
the first end is connected to the inner tube to form the closed end of the air dielectric layer at the first end (see Fig. 6 above, annotated by examiner), and the second end is configured as a free end to form the open end of the air dielectric layer at the second end (see Fig. 6 above, annotated by examiner).
Regarding claim 5, Lee in view of Zinovik teaches the vapor generation device of claim 3, as stated above. Lee also discloses the device further comprising:
a mounting base (“heater fixing portion 1040”, Fig. 6, ¶ 0092), arranged close to the far end of the cavity (see Fig. 6 above, annotated by examiner), and configured to provide support for the susceptor (Fig. 6, in the device of the combination, the heater pin is substituted with a susceptor pin), wherein:
an extension length of the holder along the length direction of the inner tube avoids the mounting base (although Fig. 6 appears to show the holder, “protrusion pipe 1020”, contacting the mounting base, “heater fixing portion 1040”, Lee discloses that they may be separate, “Because the protrusion pipe 1020 and the heater fixing portion 1040 are distinct components, a gap of a predetermined interval may be formed between the protrusion pipe 1020 and the heater fixing portion 1040.”, ¶ 0109), to prevent heat of the mounting base from being conducted to the holder (the gap prevents heat of the mounting base from being conducted to the holder).
Regarding claim 6, Lee in view of Zinovik teaches the vapor generation device of claim 4, as stated above. Lee further discloses wherein a distance between the first air inlet hole and the first end along a length direction of the holder is less than the length of the holder (Fig. 6), so that the external air flows to the first air inlet hole in a direction from the open end to the closed end in the air dielectric layer during inhalation (Fig. 6, ¶ 0113).
Regarding claim 7, Lee in view of Zinovik teaches the vapor generation device of claim 5, as stated above. Lee further discloses wherein the inner tube at least partially surrounds the mounting base (it is noted that claim 7 does not limit the direction of the partial surrounding (e.g., it does not require partially laterally surrounding); therefore, as inner tube of Lee is over the mounting base, the inner tube partially vertically surrounds the mounting base).
Regarding claim 8, Lee in view of Zinovik teaches the vapor generation device of claim 3, as stated above. Lee further discloses that the vapor generation device is configured in a manner that at least a part of the external air flows from the first air inlet hole to the susceptor along the radial direction of the cavity during inhalation (“external air” flows from the first air inlet hole, “heater insert hole 10b”, to the heater pin, which is substituted with a susceptor pin in the device of the combination, along the radial direction of the cavity through a hole in the wrapper of “cigarette 2000” during “an inhalation operation of the user”, ¶ 0057, 0062, 0113; see Fig. 6 below, annotated by examiner to show flow of external air as described across ¶ 0057, 0062, 0082, 0102, 0113).
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Figure 6, Annotated by Examiner
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COURTNEY G CULBERT/Examiner, Art Unit 1747
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