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 .
Response to Amendment
Applicant’s amendment filed September 9, 2025 has been entered. The amendment(s) have overcome each and every 35 U.S.C. 112(b) rejection set forth in the Non-Final rejection mailed June 9, 2025. Therefore, those rejections are withdrawn.
Claims 4 and 18-20 were cancelled. Claims 1-3 and 5-17 remain pending in the application.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3 and 5-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yoojin (KR20190058436A, English Machine Translation relied upon) in view of Xiao et al. (CN 108095203, English Machine Translation relied upon).
Reg Regarding claim 1, Yoojin discloses an aerosol generation device (Figure 1, electronic cigarette 100, [0032]),
comprising a chamber configured to receive an aerosol forming substrate (Figure 1, space between openings 81 and 83, [0035]),
at least one infrared heater configured to surround the chamber (Figure 1, heater 80 is infrared and surrounds chamber, [0098]),
and a battery cell providing power to the at least one infrared heater (power supply is a battery, [0041]),
wherein: each of the at least one infrared heater comprises: a carbon material heating film (Figure 3, heating elements 40 have nanocarbon, [0046]),
having a first surface and a second surface opposite to each other (first surface is facing lower left in Figure 3 and second surface faces upper right);
and the carbon material heating film is configured to radiate infrared to the chamber, to heat the aerosol forming substrate received in the chamber (heater provides far infrared rays to heat chamber containing substrate, [0098] also see Figure 1);
a flexible substrate, bound onto the second surface of the carbon material heating film (Figure 3, cover layer 50, [0046]);
and a conductive element, configured to provide the power to the carbon material heating film (Figure 3, electrode wiring pattern 30, [0046]).
Yoojin fails to disclose the first surface of the carbon material heating film directly faces the chamber without other components disposed therebetween.
Xiao teaches a similar heating device for heating non-combustible cigarettes containing a carbon nanotube heating film (see [0017]) wherein the first surface of the carbon material heating film directly faces the chamber without other components disposed therebetween (Figure 2, radiant heating material cylinder 5 can be made out of carbon (see [0017]) and directly faces the inner shell 2 (which is the chamber) without any other components in between mentioned, [0032]). Xiao also teaches that this orientation helps to achieve rapid heating and cooling while minimizing temperature fluctuation [0006].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yoojin to incorporate the teachings of Xiao to have the carbon heating film as the innermost layer of the film directly facing the chamber because doing so would help to achieve rapid heating and cooling while minimizing temperature fluctuation, as recognized by Xiao [0006].
Regarding claim 2, modified Yoojin discloses the aerosol generation device according to claim 1, wherein each of the carbon material heating film and the flexible substrate is windable to form a tube shape extending in an axial direction of the chamber and surrounding the chamber (Figures 1 and 3 show both heating elements 40 and cover layer 50 in a tube shape).
Regarding claim 3, modified Yoojin discloses the aerosol generation device according to claim 1, wherein the first surface and the aerosol forming substrate received in the chamber are spaced apart (Figures 1 and 3, when substrate is inserted, the inside of the electrode wiring pattern (i.e. first surface) and the substrate would at least be separated by metal plate 10, [0046]).
Regarding claims 5, 12, and 15, modified Yoojin discloses the aerosol generation device according to claims 1-4, wherein the conductive element comprises a first electrode and a second electrode spaced apart between the second surface and the flexible substrate (Figure 14, electrode pads 31 are spaced apart, [0114]).
Regarding claims 6, 13, and 16, modified Yoojin discloses the aerosol generation device according to the above claims, wherein the first electrode and the second electrode are conductive coatings formed on the second surface (comma coating or others could be used on surface heating element, [0121]);
or the first electrode and the second electrode are electrodes formed on the flexible substrate (electrodes are electrode pads 31 and electrode terminals 35 like shown in Figure 14 for example, [0114]).
Regarding claims 7, 14, and 17, modified Yoojin discloses the aerosol generation device according to the above claims, wherein the flexible substrate has a part not overlapping the carbon material heating film (Figure 14, electrode pads 31 are exposed through window 51, [0127]),
and the part has a first coupling portion electrically connected to the first electrode and a second coupling portion electrically connected to the second electrode (plating can be performed on surface of electrode pads to ensure stable bonding with the power supply cable, [0133]);
and the first coupling portion and the second coupling portion are coupled to an anode and a cathode of the battery cell respectively (cable supplying (+, i.e. anode) power connected to one electrode pad and cable supplying (-, i.e. cathode) power connected to the other, [0116]).
Regarding claim 8, modified Yoojin discloses the aerosol generation device according to claim 1, wherein the infrared heater further comprises a temperature sensor arranged between the second surface and the flexible substrate (temperature sensor can be covered by insulating layer, making it between flexible substrate and second surface, [0154]),
and the temperature sensor is configured to sense a temperature of the infrared heater (temperature sensor measures temperature and is attached to heater, [0037]).
Regarding claim 9, modified Yoojin discloses the aerosol generation device according to claim 8, wherein the temperature sensor is a conductive trajectory formed on the flexible substrate and characterized by a resistance temperature coefficient (temperature sensor is of the of the resistance temperature detector type, [0037]).
Regarding claim 10, modified Yoojin discloses the aerosol generation device according to claim 1, wherein the infrared heater further comprises a holding member, and the flexible substrate is held on the holding member (Figure 1, heater 80 is held in electric heating smoking device 90, [0034]).
Regarding claim 11, Yoojin discloses an infrared heater for an aerosol generation device (Figure 1, heater 80 is infrared, [0098], and is for electronic cigarette 100, [0032]),
the aerosol generation device comprising a chamber configured to receive an aerosol forming substrate and a battery cell providing power to the infrared heater (Figure 1, space between openings 81 and 83, [0035], and power supply is a battery, [0041]) (note: these limitations are not required by the claim, since the claim is directed to an infrared heater),
wherein the infrared heater comprises: a carbon material heating film (Figure 3, heating elements 40 have nanocarbon, [0046]),
having a first surface and a second surface opposite to each other (first surface is facing lower left in Figure 3 and second surface faces upper right);
and the carbon material heating film is configured to radiate infrared to the chamber, to heat the aerosol forming substrate received in the chamber (heater provides far infrared rays to heat chamber containing substrate, [0098] also see Figure 1);
a flexible substrate, bound onto the second surface of the carbon material heating film (Figure 3, cover layer 50, [0046]);
and a conductive element, configured to provide the power to the carbon material heating film (Figure 3, electrode wiring pattern 30, [0046]).
Yoojin fails to disclose the first surface of the carbon material heating film directly faces the chamber without other components disposed therebetween.
Xiao teaches a similar heating device for heating non-combustible cigarettes containing a carbon nanotube heating film (see [0017]) wherein the first surface of the carbon material heating film directly faces the chamber without other components disposed therebetween (Figure 2, radiant heating material cylinder 5 can be made out of carbon (see [0017]) and directly faces the inner shell 2 (which is the chamber) without any other components in between mentioned, [0032]). Xiao also teaches that this orientation helps to achieve rapid heating and cooling while minimizing temperature fluctuation [0006].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yoojin to incorporate the teachings of Xiao to have the carbon heating film as the innermost layer of the film directly facing the chamber because doing so would help to achieve rapid heating and cooling while minimizing temperature fluctuation, as recognized by Xiao [0006].
Response to Arguments
Applicant’s arguments, see pages 6-8 of Remarks, filed September 9, 2025, with respect to the rejection(s) of claim(s) 1-3 and 5-17 under 35 U.S.C. 102 have been fully considered and are persuasive. Applicant has amended claims 1 and 11 to include limitations not previously required that the previously applied prior art does not disclose. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Xiao et al. (CN 108095203).
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 Adam Z. Baratz whose telephone number is (703)756-1613. The examiner can normally be reached Monday-Thursday 6:30 - 4:30 CT.
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/A.Z.B./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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