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 1-17 are pending and are subject to this Office Action. Claims 3 and 14 are amended. Claim 16-17 are new.
Response to Amendments
The amendments to the claims filed on March 23, 2026 are acknowledged.
Response to Arguments
Applicant' s arguments, see pgs 5-9, filed March 23, 2026, with respect to the rejection(s) of claims 1-3, 5-7, 9-10, and 24 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On pg. 6-8, Applicant submits that the Action fails to establish a prima facie case of obviousness because the proposed combination of Yim and Nicolas would change the principle of operation of the prior art invention being modified. Applicant further argues that translational movement of the article 18 substantially perpendicular to the longitudinal direction would change the principal operation of Yim as Yim only states piston 30 and article 18 are translated longitudinally. Applicant further argues that the suggested combination of Yim and Nicolas requires a substantial reconstruction and redesign of the elements shown in Yim. Examiner respectfully disagrees with the arguments because it is not necessarily true in all cases that the proposed combination of Yim and Nicolas would change the principle of operation of the prior art invention being modified. In Yim, the principle of operation is that the article 18 is configured to be translated in a longitudinal direction for insertion and removal. As Nicolas discloses an aerosol generating device comprising a tray capable of being moved in both a longitudinal direction and a direction perpendicular to the longitudinal direction, Nicolas clearly demonstrates that causing the movement in a direction perpendicular to the longitudinal direction does not prevent insertion, removal, or heating of the aerosol generating article. Therefore, it is not true that proposed combination of Yim and Nicolas would change the principle of operation of the prior art invention being modified. Further, because Nicolas discloses that slidable connection 760, fixed cam 754, rail 756, and pivot joint 758 cooperate to cause the translation in both a longitudinal direction and a direction perpendicular to the longitudinal direction, one of ordinary skill in the art would have been aware of a suitable configuration capable of causing the claimed movements. While the combination of Yim and Nicolas would require the introduction of new elements to Yim, the combination would not require a “substantial” reconstruction and redesign of the elements shown in Yim because Nicolas discloses a suitable configuration which can be modified to cause translation in both a longitudinal direction and a direction perpendicular to the longitudinal direction. As such, the arguments are unpersuasive.
The following is a modified rejection based on amendments made to the claims.
Claim Interpretation
Claim 1 recites the limitation “whereby the tray is translated in a longitudinal direction of the housing and towards the heating element and in a direction substantially perpendicular to the longitudinal direction of the housing such that a substrate held by the tray is put in contact with the heating element.” Based on the disclosures of the specification, it appears that the tray simultaneous performs both the translation in a longitudinal direction of the housing and the translation in a direction substantially perpendicular to the longitudinal direction of the housing (see instant specification, [0062], Figs. 3-6, The slanted wall 12 causes the tray 5 moving in a longitudinal direction of the housing 2 to also move in a direction substantially perpendicular to the longitudinal direction of the housing 2). The limitation has been interpreted in accordance with the cited sections of the specification, wherein the tray may perform an angled or slanted translation relative to the longitudinal direction of the housing to satisfy the limitation.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
In Claim 2, “means for fixing the substrate to the tray” is interpreted as one or more protrusions which can engage with respective recesses of the substrate, or equivalents thereof (see instant specification, [0009]).
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, 7, 9-10, 12, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Yim (US 2022/0202072 A1) in view of Nicolas (WO 2021/111307 A1).
Regarding Claim 1, Yim, directed to aerosol generation devices ([0001]), teaches an aerosol generation device ([0089]-[0090], Figs. 2A-2C; The aerosol generating device of Figs. 2A-2C) comprising:
an aerosol generation chamber configured to receive and heat a substrate to generate aerosol ([0089]-[0090], Figs. 2A-2C; The aerosol generating device comprises heating chamber 14 (aerosol generation chamber) for receiving an aerosol-generating article 18 comprising aerosol-forming substrate. [0085]-[0086], Heating chamber 14 may comprise an internal heating element arranged inside the chamber. [0031], The heating element may be at least partially in contact with the aerosol-forming substrate to heat and generate an aerosol), the aerosol generation chamber comprising
at least a heating element ([0085]-[0086], [0089]-[0090], Figs. 2A-2C; Heating chamber 14 may comprise an internal heating element arranged inside the chamber. [0068], The internal heating element may be a tubular heater, arranged adjacent an inner side wall of the heating chamber);
an oblong housing ([0089]-[0090], Figs. 2A-2C; The aerosol generating device comprises main body 10, defining a housing having an oblong shape);
a cover which can be in a closed position covering the aerosol generation chamber and in an open position exposing the aerosol generation chamber ([0089]-[0095], Figs. 2A-2C; The aerosol generating device comprises mouthpiece 12, defining a cover which can be in a closed position covering heating chamber 14 (aerosol generation chamber) as shown in Fig. 2A, and in an open position exposing heating chamber 14 as shown in Fig. 2B); and
a tray configured to receive and hold the substrate, the tray being connected to the cover ([0092]-[0094], Figs. 2A-2C; Crankshaft 24 is connected to the mouthpiece 12 (cover) configured to convert a pivotal movement of the mouthpiece 12 to a linear movement. The linear movement is transferred, preferably by means of a transfer shaft 26, to a lever rod 28. The lever rod 28 may comprise a piston 30. The piston 30 may extend into the heating chamber 14. The piston 30 may be positioned at the base of the heating chamber 14. The piston 30 may be configured to contact the aerosol-generating article 18, when the aerosol-generating article 18 is received in the heating chamber 14. Figs. 2A and 2B show that the piston 30 is configured to receive and hold aerosol-generating article 18 (the substrate). The lever rod 28 and the piston 30 cooperate to form a tray. The tray (28, 30) is indirectly connected to mouthpiece 12 via crankshaft 24 and transfer shaft 26);
wherein when the cover is in the open position, the tray is configured to receive the substrate, and the received substrate is located at least partly outside of the aerosol generation chamber ([0089]-[0095], Figs. 2A-2C; When mouthpiece 12 (cover) is in the open position (Fig. 2B), elements 28, 30 (the tray) is configured to receive aerosol-generating article 18 (the substrate), and the received aerosol-generating article 18 is located at least partly outside of heating chamber 14 (aerosol generation chamber)), and
when the cover is in the closed position, a received substrate is fully contained in the aerosol generation chamber and in contact with the heating element ([0089]-[0095], Figs. 2A-2C; When mouthpiece 12 (cover) is in the closed position (Fig. 2A), the received aerosol-generating article 18 is fully contained in heating chamber 14 (aerosol generation chamber). [0085]-[0086], Heating chamber 14 may comprise an internal heating element arranged inside the chamber. [0031], The heating element may be at least partially in contact with the aerosol-forming substrate of article 18); and
wherein the cover is configured to be moved from the open position to the closed position by rotation ([0090], Figs. 2A-2C; The mouthpiece 12 (cover) is movably connected to the main body 10 by means of a hinge 22. The hinge 22 enables a pivotal movement (rotation) of the mouthpiece 12 around a transverse axis. The transverse axis is perpendicular to a longitudinal axis of the aerosol-generating device),
whereby the tray is translated in a longitudinal direction of the housing and towards the heating element such that a substrate held by the tray is put in contact with the heating element ([0085]-[0095], Figs. 2A-2C; The piston 30 of lever rod 28 (tray) is translated in a longitudinal direction of the main body 10 (housing) and towards the internal heating element of the main body 10 such that aerosol-generating article 18 (substrate) held by lever rod 28 (tray) is put in contact with the heating element),
but does not teach the device wherein the tray is also translated in a direction substantially perpendicular to the longitudinal direction of the housing.
Nicolas, directed to aerosol generation devices ([0001]), teaches an aerosol generation device ([0146], Figs. 8A-8B; Aerosol generating device 700) comprising:
an aerosol generation chamber configured to receive and heat a substrate to generate aerosol ([0146]-[0148], Figs. 8A-8B; Aerosol generating device 700 comprises aerosol-generating element 702. Aerosol-generating element 702 comprises heating chamber 720 (aerosol generation chamber) including heating element 160. Heating chamber 720 is configured to receive a cartridge 200 as shown in Fig. 8B. [0012], The cartridge may comprise an aerosol-forming substrate. The heating element may be configured for heating the aerosol-forming substrate in the cartridge to generate aerosol), the aerosol generation chamber comprising
at least a heating element ([0146]-[0148], Figs. 8A-8B; Heating chamber 720 comprises heating element 160);
a housing ([0012], [0146]-[0148], Figs. 8A-8B; Aerosol-generating element 702 comprises a housing defined by the outer casing which surrounds elements 710, 720, 160 and 750);
a cover which can be in a closed position covering the aerosol generation chamber and in an open position exposing the aerosol generation chamber ([0146]-[0148], Figs. 8A-8B; Aerosol-generating element 702 comprises drawer 710 which functions as a cover. [0012], The drawer may comprise a cartridge receptacle to removably receive a cartridge. The drawer may be movable between an open position and a closed position. [0098], the cartridge receptacle of the drawer may be configured to receive the cartridge in a second direction when the drawer is in the open position. As shown in Fig. 8A, drawer 710 is in an open position exposing heating chamber 720 (aerosol generation chamber). As shown in Fig. 8A, drawer 710 is in a closed position covering heating chamber 720 (aerosol generation chamber)); and
a tray configured to receive and hold the substrate, the tray being connected to the cover ([0146]-[0148], Figs. 8A-8B; Aerosol-generating element 702 comprises platform 752 (tray) configured to receive and hold cartridge 200 (substrate). Platform 752 is indirectly connected to drawer 710 (cover) via repositioning assembly 750);
wherein when the cover is in the open position, the tray is configured to receive the substrate ([0012], [0098], [0146]-[0148], Figs. 8A-8B; When drawer 710 (cover) is in the open position as shown in Fig. 8A, platform 752 (tray) is configured to receive cartridge 200 (substrate)), and
when the cover is in the closed position, a received substrate is fully contained in the aerosol generation chamber and in contact with the heating element ([0146]-[0148], Figs. 8A-8B; When drawer 710 (cover) is in the closed position as shown in Fig. 8B, cartridge 200 (substrate) is fully contained in heating chamber 720 (aerosol generation chamber) and in contact with heating element 160); and
wherein the cover is configured to be moved from the open position to the closed position ([0012], [0146]-[0148], Figs. 8A-8B; Drawer 710 may be movable between an open position (Fig. 8A) and a closed position (Fig. 8B),
whereby the tray is translated in a longitudinal direction of the housing and towards the heating element and in a direction substantially perpendicular to the longitudinal direction of the housing such that a substrate held by the tray is put in contact with the heating element ([0146]-[0148], Figs. 8A-8B; Based on Figs. 8A-8B, the housing of element 702 has a longer horizontal length than its vertical length. Therefore, a longitudinal direction of the housing of Nicolas runs horizontally in the Figs. 8A-8B. Platform 752 (tray) is translated in a longitudinal direction of the housing and towards heating element 160 and in a direction substantially perpendicular to the longitudinal direction of the housing such that a cartridge 200 (substrate) held by platform 752 is put in contact with heating element 160).
It would have been obvious to one of ordinary skill in the art to provide the aerosol generation device of Yim whereby the tray is translated in a longitudinal direction of the housing and towards the heating element and in a direction substantially perpendicular to the longitudinal direction of the housing such that a substrate held by the tray is put in contact with the heating element as taught by Nicolas because Yim and Nicolas are directed to aerosol generation devices, Yim states that the heating element may be arranged adjacent an inner side wall of the heating chamber (Yim, [0028], [0068]), wherein the heating element may be arranged at least partially in contact with the substrate (Yim, [0031]), Nicolas demonstrates that a tray can be translated in a longitudinal direction of a housing and in a direction substantially perpendicular to the longitudinal direction of the housing such that a substrate held by the tray is put in contact with the heating element (Nicolas, [0146]-[0148], Figs. 8A-8B), and Nicolas states that minimizing the distance between a heating element and a substrate provides efficient heat transfer from the heating element to the aerosol-forming substrate (Nicolas, [0051]), wherein heat transfer can be improved by maximizing the contact area between the substrate and the heating element or applying compression between the substrate and the heating element (Nicolas, [0050], [0054], [0069]). Therefore, one of ordinary skill in the art would have been motivated by the disclosures of Nicolas to configure the tray to be translated in a longitudinal direction of the housing and towards the heating element and in a direction substantially perpendicular to the longitudinal direction of the housing such that a substrate held by the tray is put in contact with the heating element because such a movement would apply compression to minimize the distance between the substrate and the heating element of Yim, thereby improving the heat transfer between the substrate and the heating element.
Regarding Claim 7, Yim in view of Nicolas teaches the aerosol generation device according to claim 1. Yim further teaches the device wherein the cover is connected to the housing by a hinge which allows for the rotation of the cover ([0090], Figs. 2A-2C; The mouthpiece 12 (cover) is movably connected to the main body 10 (housing) by means of a hinge 22. The hinge 22 enables a pivotal movement of the mouthpiece 12 around a transverse axis. The transverse axis is perpendicular to a longitudinal axis of the aerosol-generating device).
Regarding Claim 9, Yim in view of Nicolas teaches the aerosol generation device according to claim 7. Yim further teaches the device wherein the tray is connected to the cover such that the rotation of the cover around the hinge results in the translation the tray ([0092]-[0094], Figs. 2A-2C; Crankshaft 24 is connected to the mouthpiece 12 (cover) configured to convert a pivotal movement (rotation) of the mouthpiece 12 to a linear movement. The linear movement is transferred, preferably by means of a transfer shaft 26, to a lever rod 28. The lever rod 28 may comprise a piston 30. The piston 30 may extend into the heating chamber 14. The piston 30 may be positioned at the base of the heating chamber 14. The tray (28, 30) is indirectly connected to mouthpiece 12 via crankshaft 24 and transfer shaft 26. Rotation of mouthpiece 12 (cover) around hinge 22 results in translation of the tray (28, 30)).
Regarding Claim 10, Yim in view of Nicolas teaches the aerosol generation device according to claim 9. Yim further teaches the device wherein a connection between the tray and the cover is realized by a pivotal connection mechanism ([0092]-[0094], Figs. 2A-2C; Crankshaft 24 is connected to the mouthpiece 12 (cover) configured to convert a pivotal movement of the mouthpiece 12 to a linear movement. The linear movement is transferred, preferably by means of a transfer shaft 26, to a lever rod 28. The lever rod 28 may comprise a piston 30. The lever rod 28 and the piston 30 cooperate to form a tray. The tray (28, 30) is indirectly connected to mouthpiece 12 via crankshaft 24 and transfer shaft 26. Lever rod 28 is pivotally connected to transfer shaft 26 via a pivotal connection mechanism),
the pivotal connection mechanism being distanced from the hinge which allows for the rotation of the cover ([0092]-[0094], Figs. 2A-2C; Lever rod 28 is pivotally connected to transfer shaft 26 via a pivotal connection mechanism, which is distanced from the hinge 22 which allows for the rotation of the mouthpiece 12 (cover)),
but does not teach the device wherein the pivotal connection mechanism is a second hinge.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the hinge and implement a second hinge as the pivotal connection mechanism because Yim demonstrates that a hinge is a pivotal connection mechanism (Yim, [0056], [0078]). This would merely involve duplication of parts and positioning another hinge at a different section of the device to create a pivotal connection at various positions.
Regarding Claim 12, Yim in view of Nicolas teaches the aerosol generation device according to claim 1. Yim further teaches the aerosol generating device wherein the tray is configured to moves towards a center of the housing along the longitudinal direction of the housing as the cover moves from the open position to the closed position, and in an opposite direction as the cover moves from the closed position to the open position ([0085]-[0095], Figs. 2A-2B; The piston 30 of lever rod 28 (tray) is translated towards a center of main body 10 (housing) in a longitudinal direction of the main body 10 as mouthpiece 12 (cover) moves from the open position (Fig. 2B) to the closed position (Fig. 2A), and in an opposite direction as mouthpiece 12 moves from the closed position (Fig. 2A) to the open position (Fig. 2B)).
Regarding Claim 17, Yim in view of Nicolas teaches the aerosol generation device according to claim 1, but does not teach the device wherein the heating element is flat.
Nicolas, directed to aerosol generation devices ([0001]), teaches an aerosol generation device ([0146], Figs. 8A-8B; Aerosol generating device 700) comprising:
an aerosol generation chamber configured to receive and heat a substrate to generate aerosol ([0146]-[0148], Figs. 8A-8B; Aerosol generating device 700 comprises aerosol-generating element 702. Aerosol-generating element 702 comprises heating chamber 720 (aerosol generation chamber) including heating element 160. Heating chamber 720 is configured to receive a cartridge 200 as shown in Fig. 8B. [0012], The cartridge may comprise an aerosol-forming substrate. The heating element may be configured for heating the aerosol-forming substrate in the cartridge to generate aerosol), the aerosol generation chamber comprising
at least a heating element ([0146]-[0148], Figs. 8A-8B; Heating chamber 720 comprises heating element 160),
wherein the heating element is flat ([0146]-[0148], Figs. 8A-8B; Heating element 160 is flat).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Yim in view of Nicolas wherein the heating element is flat as taught by Nicholas because Yim provides a nonlimiting list of potential shapes and forms of its heating element (Yim, [0028]-[0029]), Nicholas discloses another shape which is capable of heating an aerosol forming substrate (Nicholos, [0146]-[0148], Figs. 8A-8B), changing the shape of the heating element to a flat shape constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Claims 2-4, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yim (US 2022/0202072 A1) in view of Nicolas (WO 2021/111307 A1) as applied to Claim 1, and further in view of Sprateley (US 2023/0276847 A1).
Regarding Claims 2-4, Yim in view of Nicolas does not teach the aerosol generation device wherein the tray comprises means for fixing the substrate to the tray, wherein the tray comprises one or more protrusions which are configured to fix the substrate to the tray by engaging with respective recesses of the substrate, further comprising an aerosol generating substrate having recesses, wherein the recesses of the substrate are configured to be formed by stamping the substrate with the one or more protrusions.
Sprateley, directed to aerosol generation devices ([0002]), teaches an aerosol generation device ([0117], Fig. 11a; Aerosol provision device 1150) comprising:
a tray configured to receive a substrate ([0117], Figs. 11a-11b; Aerosol provision device 1150 comprises a casing 1155. The casing 1155 comprises a first part 1151 and a second part 1152. The first part 1151 and the second part 1151 are configured to enclose a length of the consumable 1100 within sub-chamber 1156. Casing 1155 defines a tray configured to receive consumable 1100 (substrate)),
wherein the tray comprises means for fixing the substrate to the tray, wherein the tray comprises one or more protrusions which are configured to fix the substrate to the tray by engaging with respective recesses of the substrate, wherein the recesses of the substrate are configured to be formed by stamping the substrate with the one or more protrusions ([0127], Figs. 11a-11b; The aerosol provision device 1150 may comprise a retention member to hold the consumable 1100 (substrate) in position in sub-chamber 1156b. The retention member may help to prevent unintentional movement of the consumable 1100 relative to the chamber. An example retention member is a protrusion of the second part 1152 (tray) that is engageable with a groove (respective recesses) of the consumable 1100. With respect to the limitation: “wherein the recesses of the substrate are configured to be formed by stamping the substrate with the one or more protrusions”, the determination of patentability is based upon the product structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product, and recesses of the substrate of Sprateley are configured to be formed by stamping the substrate with the one or more protrusions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Yim in view of Nicolas wherein the tray comprises means for fixing the substrate to the tray, wherein the means for fixing are one or more protrusions which are configured to engage with respective recesses of the substrate, further comprising an aerosol generating substrate having recesses, wherein the recesses of the substrate are configured to be formed by stamping the substrate with the one or more protrusions as taught by Sprateley because Yim, Nicolas, and Sprateley are directed to aerosol generation devices, Sprateley demonstrates that providing a tray with one or more protrusions which are configured to engage with respective recesses of the substrate may help to prevent unintentional movement of the substrate relative to the tray (Sprateley, [0127], Figs. 11a-11b), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 14, Yim in view of Nicolas and Sprateley teaches the aerosol generation device according to claim 2. Yim further teaches the aerosol generating device wherein the one or
more protrusions are configured to facilitate movement of the substrate away from a center
of the housing along the longitudinal direction of the housing ([0085]-[0095], Figs. 2A-2B; Article 18 (substrate) is translated away a center of main body 10 (housing) in a longitudinal direction of the main body 10 by piston 30 of lever rod 28 (tray). As Yim has been modified in view of Sprateley such that the tray comprises one or more protrusions which are configured to fix the substrate to the tray by engaging with respective recesses of the substrate, it is reasonably understood that the one or
more protrusions contribute to the movement of the substrate away from a center of the housing along the longitudinal direction of the housing).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yim (US 2022/0202072 A1) in view of Nicolas (WO 2021/111307 A1) as applied to Claim 1, and further in view of Roach (US 2022/0151298 A1).
Regarding Claim 5, Yim in view of Nicolas does not teach the aerosol generation device wherein movement of the tray in the direction substantially perpendicular to the longitudinal direction of the housing is caused by a slanted wall of the aerosol generation chamber.
Roach, directed to aerosol generating devices ([0002]), teaches an aerosol generating device ([0064], Fig. 1; Aerosol provision device 100) comprising:
an aerosol generation chamber configured to receive and heat a substrate to generate aerosol ([0064]-[0080], Figs. 1-3; Aerosol provision device 100 comprises a tubular susceptor 132 defining a receptacle (aerosol generation chamber) within which aerosol generating material of article 110 is received. The susceptor 132 is configured to heat the aerosol generating material of article 110 to generate aerosol);
an oblong housing ([0064]-[0080], Figs. 1-3; Aerosol provision device 100 comprises housing 102, having an oblong shape),
wherein the aerosol generation chamber comprises a slanted wall ([0096], Figs. 6; To make it easier for the aerosol generating material to be received within the susceptor, the susceptor 132 (aerosol generation chamber) has a flared end at a proximal/mouth end of the susceptor 132. [0105]-[00108], Figs. 9-10 show an embodiment of susceptor 132 having first portion 160/360 has an internal cross section which decreases from the opening to the second portion 162/362 to define a slanted wall),
wherein the slanted wall is configured to cause an element to move in a longitudinal direction of the housing and in a direction substantially perpendicular to the longitudinal direction of the housing ([0064], [0096], [0105]-[00108], Figs. 1, 6, 9-10; To make it easier for the aerosol generating material to be received within the susceptor, the susceptor 132 (aerosol generation chamber) has a flared end (slanted wall) at a proximal/mouth end of the susceptor 132. The slanted wall is configured to align the aerosol generating material of article 110 with cylindrical second portion 162/362 of susceptor 132. If the article 110 is not initially aligned with the second portion 162/362 upon insertion, the article 110 must move in a longitudinal direction of the housing 102 (down as shown in Figs. 9-10) and in a direction substantially perpendicular to the longitudinal direction of the housing 102 (left/right as shown in Figs. 9-10)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Yim in view of Nicolas wherein movement of the tray in the direction substantially perpendicular to the longitudinal direction of the housing is caused by a slanted wall of the aerosol generation chamber as taught by Roach because Yim, Nicolas, and Roach are directed to aerosol generating devices, Roach demonstrates that a slanted wall can cause an element to move in a longitudinal direction of the housing and in a direction substantially perpendicular to the longitudinal direction of the housing (Roach, [0096], [0105]-[0108]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yim (US 2022/0202072 A1) in view of Nicolas (WO 2021/111307 A1) as applied to Claim 1, and further in view of Fursa (US 2022/0071309 A1).
Regarding Claim 6, Yim in view of Nicolas teaches the aerosol generation device according to claim 1, but does not teach the device wherein a cross-section of the tray has a generally L-shaped configuration, a long leg of the L-shaped configuration being oriented substantially parallel to the longitudinal direction of the housing, and a short leg of the L-shaped configuration extending from the long leg towards the heating element.
Fursa, directed to aerosol generation devices ([0001]), teaches a case for an aerosol generating device ([0065], Figs. 1-2; Case 10 for an aerosol-generating device), the case comprising:
a tray configured to support an elongate element ([0065], Figs. 1-2; Case 10 comprises holder 14 (tray). [0073], Fig. 4; Holder 14 (tray) supports an aerosol generating device 100 (elongate element));
a housing ([0065], Figs. 1-2; Case 10 comprising case housing 12);
wherein a cross-section of the tray has a generally L-shaped configuration, a long leg of the L-shaped configuration being oriented substantially parallel to the longitudinal direction of the housing, a short leg of the L-shaped configuration extending from the long leg in a direction substantially perpendicular to the longitudinal direction of the housing ([0065], Figs. 1-2; The longitudinal direction of the case housing 12 goes from left to right as shown in Figs. 1-2. A cross-section of holder 14 (tray) has a generally L-shaped configuration, a long leg of the L-shaped configuration being oriented substantially parallel to the longitudinal direction of the case housing 12, and a short leg of the L-shaped configuration from the long leg in a direction substantially perpendicular to the longitudinal direction of the case housing 12 as shown in Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Yim in view of Nicolas wherein a cross-section of the tray has a generally L-shaped configuration, a long leg of the L-shaped configuration being oriented substantially parallel to the longitudinal direction of the housing, a short leg of the L-shaped configuration extending from the long leg in a direction substantially perpendicular to the longitudinal direction of the housing as taught by Fursa because Yim, Nicolas, and Fursa are directed to aerosol generation devices, Fursa demonstrates that a tray having a generally L-shaped configuration can support an elongate element (Fursa, [0065], [0073], Fig. 4; Holder 14 (tray) supports an elongate device 100 as shown in Fig. 4), the substrate of Yim is an elongate element (Yim, [0090], Article 18 (substrate)), and changing the cross section of the tray to a generally L-shaped configuration constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
The lower surface of the tray of Yim is oriented in a direction substantially perpendicular to the longitudinal direction of the housing to support the bottom of the substrate (Yim, [0089]-[0092], Figs. 2A-2B; Lower surface of piston 30 (tray) is oriented in a direction substantially perpendicular to the longitudinal direction of the main body 10 (housing). The lower surface supports the bottom of article 18 (substrate)). As Yim in view of Nicolas has been modified such that the short leg of the L-shaped configuration extending from the long leg in a direction substantially perpendicular to the longitudinal direction of the housing, it is reasonably understood that the short leg of the tray of Yim in view of Nicolas analogously supports the bottom of the substrate. As Yim further states that the heating element may be an internal heating tube provided within the aerosol generation chamber ([0085]-[0086], [0089]-[0090], Figs. 2A-2C; Heating chamber 14 may comprise an internal heating element arranged inside the chamber. the internal heater may take the form of a casing or substrate having different electro-conductive portions, or an electrically resistive metallic tube), it is reasonably understood that the short leg of the L-shaped configuration extends from the long leg towards the heating element, as claimed.
Regarding Claim 13, Yim in view of Nicolas and Fursa teaches the aerosol generation device according to claim 6. Yim further teaches the device wherein the substrate is moved away from a center of the housing along the longitudinal direction of the housing by means of the short leg when the cover moves from the closed position to the open position ([0085]-[0095], Figs. 2A-2B; Article 18 (substrate) is translated away a center of main body 10 (housing) in a longitudinal direction of the main body 10 by piston 30 of lever rod 28 (tray). As Yim has been modified in view of Fursa such that the tray comprises a short leg which supports the bottom of the substrate (see discussion above regarding claim 6), it is reasonably understood that the short leg contributes to the movement of the substrate away from a center of the housing along the longitudinal direction of the housing).
Claims 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yim (US 2022/0202072 A1) in view of Nicolas (WO 2021/111307 A1) as applied to Claim 1, and further in view of Wright (US 2023/0132792 A1).
Regarding Claim 8, Yim in view of Nicolas does not teach the aerosol generation device wherein the cover is biased towards the closed position by a spring.
Wright, directed to aerosol generation devices ([0001]-[0002]), teaches an aerosol generation device ([0034], Fig. 1; Vaporiser device 1 (aerosol generation device)) comprising:
an aerosol generation chamber configured to receive and heat a substrate to generate aerosol ([0034], Fig. 1; Vaporiser device 1 comprises a heating chamber 2 (aerosol generation chamber) configured to receive and heat herbal material 3 (substrate) to generate aerosol);
an oblong housing ([0035], Fig. 1; Vaporiser 1 is similar to known vaporiser devices in that it comprises an elongate outer body 8 (oblong housing));
a cover which can be in a closed position covering the aerosol generation chamber and in an open position exposing the aerosol generation chamber ([0034], Figs. 1-2; Vaporiser device 1 comprises a lid 4 (cover) which can be in a closed position covering heating chamber 2 (aerosol generation chamber) as shown in Fig. 2 and in an open position exposing heating chamber 2 (aerosol generation chamber) as shown in Fig. 1)
wherein the cover is biased towards the closed position by a spring ([0051], Figs. 1-2, 5-6; Lid 4 is connected to the outer body 8 by a hinge 50. [0068], the hinge is spring loaded by a spring element acting thereon into the closed position. This allows the lid to be more readily moved into the closed position, and helps to maintain the lid in that position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Yim in view of Nicolas wherein the cover is biased towards the closed position by a spring as taught by Wright because Yim, Nicolas, and Wright are directed to aerosol generation devices, Wright demonstrates that biasing the cover towards the closed position by a spring allows the lid to be more readily moved into the closed position, and helps to maintain the lid in that position (Wright, [0051], [0068], Figs. 1-2, 5-6), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 11, Yim in view of Nicolas and Wright teaches the aerosol generation device according to claim 8. Yim further teaches the device wherein the rotation of the cover is translated into translation of the tray by a lever ([0092]-[0094], Figs. 2A-2C; Crankshaft 24 is connected to the mouthpiece 12 (cover) configured to convert a pivotal movement (rotation) of the mouthpiece 12 to a linear movement. The linear movement is transferred, preferably by means of a transfer shaft 26, to a lever rod 28. The lever rod 28 may comprise a piston 30. The piston 30 may extend into the heating chamber 14. The piston 30 may be positioned at the base of the heating chamber 14. The tray (28, 30) is indirectly connected to mouthpiece 12 via crankshaft 24 and transfer shaft 26. Rotation of mouthpiece 12 (cover) around hinge 22 results in translation of the tray (28, 30)).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Yim (US 2022/0202072 A1) in view of Nicolas (WO 2021/111307 A1) and Sprateley (US 2023/0276847 A1) as applied to Claim 14, and further in view of Fursa (US 2022/0071309 A1).
Regarding Claim 15, Sprateley further teaches the aerosol generation device further comprising an aerosol generating substrate having recesses ([0127], Figs. 11a-11b; The aerosol provision device 1150 may comprise a retention member to hold the consumable 1100 (substrate) in position in sub-chamber 1156b. The retention member may help to prevent unintentional movement of the consumable 1100 relative to the chamber. An example retention member is a protrusion of the second part 1152 (tray) that is engageable with a groove (respective recesses) of the consumable 1100).
Yim further teaches the device wherein the substrate has an upper surface and a lower surface (Yim, [0090], Article 18 (substrate) has an upper surface which faces towards the left as shown in Fig. 2A, and a lower surface which faces towards the right as shown in Fig. 2A), and
in the closed position of the cover, the upper surface is in contact with the heating element ([0085]-[0086], [0089]-[0090], Figs. 2A-2B; Heating chamber 14 may comprise an internal heating element arranged inside the chamber. the internal heater may take the form of a casing or substrate having different electro-conductive portions, or an electrically resistive metallic tube. In the closed position of mouthpiece 12 (cover) as shown in Fig. 2A, the upper surface (facing left) is in contact with the wall of the heating chamber 14. If the internal heater takes a tubular form within the chamber 14, it is reasonably understood that the upper surface is in contact with the heating element)
but does not teach the wherein a cross-section of the tray has a generally L-shaped configuration, a long leg of the L-shaped configuration being oriented substantially parallel to the longitudinal direction of the housing, and a short leg of the L-shaped configuration extending from the long leg towards the heating element, and wherein, in the closed position of the cover the lower surface is in contact with the long leg of the tray.
Fursa, directed to aerosol generation devices ([0001]), teaches a case for an aerosol generating device ([0065], Figs. 1-2; Case 10 for an aerosol-generating device), the case comprising:
a tray configured to support an elongate element ([0065], Figs. 1-2; Case 10 comprises holder 14 (tray). [0073], Fig. 4; Holder 14 (tray) supports an aerosol generating device 100 (elongate element));
a housing ([0065], Figs. 1-2; Case 10 comprising case housing 12);
wherein a cross-section of the tray has a generally L-shaped configuration, a long leg of the L-shaped configuration being oriented substantially parallel to the longitudinal direction of the housing, a short leg of the L-shaped configuration extending from the long leg in a direction substantially perpendicular to the longitudinal direction of the housing ([0065], Figs. 1-2; The longitudinal direction of the case housing 12 goes from left to right as shown in Figs. 1-2. A cross-section of holder 14 (tray) has a generally L-shaped configuration, a long leg of the L-shaped configuration being oriented substantially parallel to the longitudinal direction of the case housing 12, and a short leg of the L-shaped configuration from the long leg in a direction substantially perpendicular to the longitudinal direction of the case housing 12 as shown in Fig. 1),
wherein the elongate element has an upper surface and a lower surface, wherein the lower surface is in contact with the long leg of the tray ([0065], [0073], Fig. 4; Aerosol generating device 100 (elongate element) has an upper surface facing downward as shown in Fig. 4, and a lower surface in contact with the long leg of holder 14 (tray). As the terms “upper” and “lower” are relative dimensions and the device 100 can be oriented in many ways, either longitudinal surface of device 100 can be regards as either the upper or lower surface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Yim in view of Nicolas wherein a cross-section of the tray has a generally L-shaped configuration, a long leg of the L-shaped configuration being oriented substantially parallel to the longitudinal direction of the housing, a short leg of the L-shaped configuration extending from the long leg in a direction substantially perpendicular to the longitudinal direction of the housing as taught by Fursa because Yim, Nicolas, and Fursa are directed to aerosol generation devices, Fursa demonstrates that a tray having a generally L-shaped configuration can support an elongate element (Fursa, [0065], [0073], Fig. 4; Holder 14 (tray) supports an elongate device 100 as shown in Fig. 4), the substrate of Yim is an elongate element (Yim, [0090], Article 18 (substrate)), and changing the cross section of the tray to a generally L-shaped configuration constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
The lower surface of the tray of Yim is oriented in a direction substantially perpendicular to the longitudinal direction of the housing to support the bottom of the substrate (Yim, [0089]-[0092], Figs. 2A-2B; Lower surface of piston 30 (tray) is oriented in a direction substantially perpendicular to the longitudinal direction of the main body 10 (housing). The lower surface supports the bottom of article 18 (substrate)). As Yim in view of Nicolas has been modified such that the short leg of the L-shaped configuration extending from the long leg in a direction substantially perpendicular to the longitudinal direction of the housing, it is reasonably understood that the short leg of the tray of Yim in view of Nicolas analogously supports the bottom of the substrate. As Yim further states that the heating element is an internal heating tube provided within the aerosol generation chamber ([0085]-[0086], [0089]-[0090], Figs. 2A-2C; Heating chamber 14 may comprise an internal heating element arranged inside the chamber. the internal heater may take the form of a casing or substrate having different electro-conductive portions, or an electrically resistive metallic tube), it is reasonably understood that the short leg of the L-shaped configuration extends from the long leg towards the heating element, as claimed.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device wherein in the closed position of the cover the lower surface is in contact with the long leg of the tray because Fursa demonstrates that a long leg of a tray having an L-shaped configuration can support a longitudinal surface of an elongate element (Fursa, [0065], [0073], Fig. 4), and this involves combining prior art elements according to known methods to yield predictable results.
Allowable Subject Matter
Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to teach or reasonably suggest all of the limitations in claim 16. Specifically, the prior art fails to teach or reasonably suggest “wherein the tray defines a slanted wall configured to correspond to and slide along the slanted wall of the aerosol generation chamber”.
Regarding Claim 16, The closest prior art is Yim (US 2022/0202072 A1), Roach (US 2022/0151298 A1), and Nicolas (WO 2021/111307 A1).
Yim, directed to aerosol generation devices ([0001]), teaches an aerosol generation device ([0089]-[0090], Figs. 2A-2C; The aerosol generating device of Figs. 2A-2C) comprising:
an aerosol generation chamber configured to receive and heat a substrate to generate aerosol ([0089]-[0090], Figs. 2A-2C; The aerosol generating device comprises heating chamber 14 (aerosol generation chamber) for receiving an aerosol-generating article 18 comprising aerosol-forming substrate);
a cover which can be in a closed position covering the aerosol generation chamber and in an open position exposing the aerosol generation chamber ([0089]-[0095], Figs. 2A-2C; The aerosol generating device comprises mouthpiece 12, defining a cover which can be in a closed position covering heating chamber 14 (aerosol generation chamber) as shown in Fig. 2A, and in an open position exposing heating chamber 14 as shown in Fig. 2B); and
a tray configured to receive and hold the substrate, the tray being connected to the cover ([0092]-[0094], Figs. 2A-2C; Crankshaft 24 is connected to the mouthpiece 12 (cover) configured to convert a pivotal movement of the mouthpiece 12 to a linear movement. The linear movement is transferred, preferably by means of a transfer shaft 26, to a lever rod 28. The lever rod 28 may comprise a piston 30. The piston 30 may extend into the heating chamber 14. The piston 30 may be positioned at the base of the heating chamber 14. The piston 30 may be configured to contact the aerosol-generating article 18, when the aerosol-generating article 18 is received in the heating chamber 14. Figs. 2A and 2B show that the piston 30 is configured to receive and hold aerosol-generating article 18 (the substrate). The lever rod 28 and the piston 30 cooperate to form a tray. The tray (28, 30) is indirectly connected to mouthpiece 12 via crankshaft 24 and transfer shaft 26); and
wherein the cover is configured to be moved from the open position to the closed position by rotation ([0090], Figs. 2A-2C; The mouthpiece 12 (cover) is movably connected to the main body 10 by means of a hinge 22. The hinge 22 enables a pivotal movement (rotation) of the mouthpiece 12 around a transverse axis. The transverse axis is perpendicular to a longitudinal axis of the aerosol-generating device),
whereby the tray is translated in a longitudinal direction of the housing and towards the heating element such that a substrate held by the tray is put in contact with the heating element ([0085]-[0095], Figs. 2A-2C; The piston 30 of lever rod 28 (tray) is translated in a longitudinal direction of the main body 10 (housing) and towards the internal heating element of the main body 10 such that aerosol-generating article 18 (substrate) held by lever rod 28 (tray) is put in contact with the heating element),
wherein the tray defines a wall configured to correspond to and slide along a wall of the aerosol generation chamber ([0085]-[0095], Figs. 2A-2C; The piston 30 of lever rod 28 (tray) comprises a wall at its peripheral sides which correspond to and slide along a wall of heating chamber 14 (aerosol generation chamber)),
but does not teach the device wherein the tray defines a slanted wall configured to correspond to and slide along the slanted wall of the aerosol generation chamber.
Roach, directed to aerosol generating devices ([0002]), teaches an aerosol generating device ([0064], Fig. 1; Aerosol provision device 100) comprising:
an aerosol generation chamber configured to receive and heat a substrate to generate aerosol ([0064]-[0080], Figs. 1-3; Aerosol provision device 100 comprises a tubular susceptor 132 defining a receptacle (aerosol generation chamber) within which aerosol generating material of article 110 is received. The susceptor 132 is configured to heat the aerosol generating material of article 110 to generate aerosol);
an oblong housing ([0064]-[0080], Figs. 1-3; Aerosol provision device 100 comprises housing 102, having an oblong shape),
wherein the aerosol generation chamber comprises a slanted wall ([0096], Figs. 6; To make it easier for the aerosol generating material to be received within the susceptor, the susceptor 132 (aerosol generation chamber) has a flared end at a proximal/mouth end of the susceptor 132. [0105]-[00108], Figs. 9-10 show an embodiment of susceptor 132 having first portion 160/360 has an internal cross section which decreases from the opening to the second portion 162/362 to define a slanted wall),
wherein the slanted wall is configured to cause an element to move in a longitudinal direction of the housing and in a direction substantially perpendicular to the longitudinal direction of the housing ([0064], [0096], [0105]-[00108], Figs. 1, 6, 9-10; To make it easier for the aerosol generating material to be received within the susceptor, the susceptor 132 (aerosol generation chamber) has a flared end (slanted wall) at a proximal/mouth end of the susceptor 132. The slanted wall is configured to align the aerosol generating material of article 110 with cylindrical second portion 162/362 of susceptor 132. If the article 110 is not initially aligned with the second portion 162/362 upon insertion, the article 110 must move in a longitudinal direction of the housing 102 (down as shown in Figs. 9-10) and in a direction substantially perpendicular to the longitudinal direction of the housing 102 (left/right as shown in Figs. 9-10)).
While Yim, Roach, Nicolas can be combined as applied to Claim 5 to yield a device “wherein movement of the tray in the direction substantially perpendicular to the longitudinal direction of the housing is caused by a slanted wall of the aerosol generation chamber,” Roach similarly lacks a tray defining a slanted wall configured to correspond to and slide along the slanted wall of the aerosol generation chamber. Further, because slanted wall of Roach is used for positioning a loose aerosol generating article (Roach, [0096], [0105]-[00108]), Roach provides no motivation to provide the tray of Yim with a slanted wall configured to correspond to and slide along the slanted wall of the aerosol generation chamber. Therefore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yim, Roach, or Nicolas to meet the claimed limitations because the tray of the device of the combination of the references would lack the slanted wall configured to correspond to and slide along the slanted wall of the aerosol generation chamber.
As such, claim 16 is indicated as containing allowable subject matter.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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