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
This office action is in response to Applicant’s amendment filed on 10 November 2025:
Claims 1-4, 11, 13-19, 22 and 27-30 are pending
Claims 27-30 are withdrawn
Claims 5-10, 12, 20-21 and 23-26 are cancelled
Response to Amendment
Applicant's amendments to the claims filed 10 November 2025 have been acknowledged. The rejection to Claims 7, 8 and 12 are withdrawn due to cancellation of the claims.
Response to Arguments
Applicant’s arguments filed 10 November 2025, with respect to the rejection(s) of Claim 1 under 35 U.S.C 103 have been fully considered and are persuasive.
On Page 9-10 of Applicant’s Remarks, Applicant has amended Claim 1 to recite the following new limitation: “wherein at least one of the flow area and density of the array of apertures varies progressively along the length of the heating element” and argues that Wang’s drawing is highly schematic and does not support variance in vent hole distributions and especially one where it is a progressive variation, noting that Wang only states that the vent holes “are uniformly distributed on the wall of the hollow heating pipe”. While the Examiner assigned areas in Wang’s drawings to have higher and lower hole density, one ordinarily skilled in the art would at most consider it randomized and not specifically having different areas of different progressively changing density due to the lack of description in Wang’s disclosure. Examiner agrees with the Applicant’s arguments and therefore withdraws the original rejection to Claim 1.
However, upon further consideration, a new ground(s) of rejection is made in view of Li et al (Publication No. US20190246692A1).
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.
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 1-4, 11, 13-16, 17, 19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (Publication No. US20200085103A1, cited in IDS dated 25 March 2025) in view of Li et al (Publication No. US20190246692A1).
Regarding Claim 1, Zhang discloses a heating element (1/2) and heater (100) (i.e., aerosol provision device) for heating/aerosolizing a cigarette (i.e., aerosol-generating material) comprising:
a receptacle (3) configured to receive at least a portion of an article (i.e., cigarette) comprising aerosol-generating material (Figs. 7-9; [0060]);
the receptacle comprises an opening (311) for passing through a heating part of the heating element, thus defining a heating zone between the receptable and heating part (see Fig. 8; [0060]; area between the heating element and receptacle is considered the heating zone);
and a heating element (1/2) protruding from the receptacle (3) into the heating zone (i.e., zone between heating element and receptacle) at a distal end of the receptacle (i.e., end with through hole 301) (see Figs. 7-9; [0060]; the heating element protrudes from the through hole; the hole is shown on one end of the receptacle which can be considered as the distal end);
and configured to heat the heating zone (Figs. 7-9; [0058-0063]; the heating element within the receptacle heating zone heats said zone via varying magnetic fields).
the heating element having a free end (i.e., end with Opening 311) towards a proximal end of the receptacle (see Figs. 7-9; [0060]; the hole 301 is located on a distal end whereas the opening is located on the opposite proximal end of the receptacle);
wherein an air path (13) is defined through the heating part (11) heating element (1/2) (Fig. 3; [008-009, 0044];
wherein the air outlet comprises a plurality (i.e., array) of air apertures on an outer side of the heating element (1/2) (see Figs. 1-3; [0045]; the vent holes are bored through the wall; figures show the holes boring through the outer side of the heating element).
Zhang does not disclose at least one of the flow area and density of the array of apertures varies progressively along the length of the heating element.
However, Li, directed to an atomization assembly, discloses a heating sheet (122) (i.e., heating element) with through holes (122s/r/t) (i.e., apertures) with different configurations of hole densities along the width and length direction of said heating sheet so that said sheet is able to distribute heat to meet specific needs of the atomization/heating assembly (see Figs. 20-22; [0091-0093]; alternative embodiments are considered equivalent).
One such arrangement is to have the density of the through holes gradually (i.e., progressively) change in a decreasing or increasing manner in a width direction so that the resistance of the sheet also gradually or steppedly changes to meet different heating assembly requirements (Fig. 22; [0093]). Though this design is not applied to the length direction of the heating sheet/element, Li does state that alternative solutions can be applied to any embodiment. Thus, it is implied that one ordinarily skilled in the art could apply the alternative through hole configuration solution shown in Figure 22 to a different embodiment such as Figure 20 so that the gradual density change occurs in a length direction instead.
Therefore, it would have been an obvious engineering design choice for one ordinarily skilled in the art to rearrange the array of apertures (i.e., holes) disclosed by Zhang such that the density of the apertures varies progressively along the length of the heating element as disclosed by Liu, and predictably yield a heating element with an array of apertures that is still capable of guiding external air through and out of the heating element.
Regarding Claim 2, Zhang further discloses the heating element (1/2) protruding into the heating zone is configured to be heated to a sufficient heat (i.e., temperature) to heat a cigarette (200) (i.e., generate aerosol from the aerosol-generating material) [0062].
Regarding Claim 3, Zhang further discloses the air path (13) communicates between external to the heating zone (i.e., external air intake) and the heating zone (see Fig. 8; [0051]; the air path can draw in external air which indicates it is in communication with an area external to the heater; external air is drawn into the heating body through its air vents 15 which is shown to open into the heating zone formed by the receptacle 3).
Regarding Claim 4, Zhang further discloses the heating element (1/2) comprises an air conduit (Air flow path 13) and an air outlet (Air vent 15) in fluid communication between the air conduit and the heating zone (see Figs. 1-3, 8; [0049-0051]; the air path is shown to be a conduit within the heating element that is in communication with the air vents/outlets that direct air outwards to the receptable heating zone).
Regarding Claim 11, Modified Zhang does not explicitly disclose at least a first air aperture of the array of air aperture differs in flow area from at least a second air aperture of the array of air apertures.
However, one ordinarily skilled in the art would understand that a flow area of an array is equivalent to the area of the apertures that allow the air to flow through the heating tube. As such, if distribution of the apertures/holes of the array is varied due to hole density distribution, then a flow area will either increase or decrease in correlation to the total area of holes within an area of the heating element.
Since Modified Zhang has a gradually/progressively changing aperture array density along the length of the heating element (see Claim 1 rejection for full modification), it would be apparent to one ordinarily skilled in the art that the flow area of a first air aperture array located in one location of the heating element would have a different flow area than a second air aperture array located in a different location along the length of the heating element by virtue of the variance in the aperture distribution density between said arrays.
Regarding Claims 13-14, Modified Zhang does not disclose the array of holes are arranged such that a flow area of the array of air apertures increases in a direction from the distal end to the proximal end or vice versa.
However, Li, directed to an atomization assembly, discloses a heating sheet (122) (i.e., heating element) with through holes (122s/r/t) (i.e., apertures) with different configurations of hole densities along the width and length direction of said heating sheet so that said sheet is able to distribute heat to meet specific needs of the atomization/heating assembly (see Figs. 20-22; [0091-0093]; alternative embodiments are considered equivalent).
One such arrangement is to have the density of the through holes gradually (i.e., progressively) change in a decreasing or increasing manner in a width direction so that the resistance of the sheet also gradually or steppedly changes to meet different heating assembly requirements (Fig. 22; [0093]). Though this design is not applied to the length direction of the heating sheet/element, Li does state that alternative solutions can be applied to any embodiment. Thus, it is implied that one ordinarily skilled in the art could apply the alternative through hole configuration solution shown in Figure 22 to a different embodiment such as Figure 20 so that the gradual density change occurs in a length direction instead.
Furthermore, one ordinarily skilled in the art would understand that a flow area of an array is equivalent to the area of the apertures that allow the air to flow through the heating tube. As such, if distribution of the apertures/holes of the array gradually/progressively changes, then a flow area will also either increase or decrease in correlation to the total area of holes within an area of the heating element.
Therefore, it would have been an obvious engineering design choice for one ordinarily skilled in the art to rearrange the holes on a heating element as disclosed by Zhang based on the teachings of Liu such that the hole/aperture area, and subsequently the flow area, will gradually increase in a direction from the proximal end to the distal end or vice versa (i.e., lengthwise direction), and predictably yield a heating element with an array of apertures that is still capable of guiding external air through and out of the heating element.
Regarding Claims 15-16, Modified Zhang does not explicitly disclose the array of holes are arranged such that a flow area of the array of air apertures increases in a direction from the distal end to the proximal end or vice versa.
However, Li, directed to an atomization assembly, discloses a heating sheet (122) (i.e., heating element) with through holes (122s/r/t) (i.e., apertures) with different configurations of hole densities along the width and length direction of said heating sheet so that said sheet is able to distribute heat to meet specific needs of the atomization/heating assembly (see Figs. 20-22; [0091-0093]; alternative embodiments are considered equivalent).
One such arrangement is to have the density of the through holes gradually (i.e., progressively) change in a decreasing or increasing manner in a width direction so that the resistance of the sheet also gradually or steppedly changes to meet different heating assembly requirements (Fig. 22; [0093]). Though this design is not applied to the length direction of the heating sheet/element, Li does state that alternative solutions can be applied to any embodiment. Thus, it is implied that one ordinarily skilled in the art could apply the alternative through hole configuration solution shown in Figure 22 to a different embodiment such as Figure 20 so that the gradual density change occurs in a length direction instead.
Furthermore, one ordinarily skilled in the art would understand that a flow area of an array is equivalent to the area of the apertures that allow the air to flow through the heating tube. As such, if distribution of the apertures/holes of the array gradually/progressively changes, then a flow area will also either increase or decrease in correlation to the total area of holes within an area of the heating element.
Therefore, it would have been an obvious engineering design choice for one ordinarily skilled in the art to rearrange the holes on a heating element as disclosed by Zhang based on the teachings of Liu such that the hole/aperture area, and subsequently the flow area, will gradually increase in a direction from the proximal end to the distal end or vice versa (i.e., lengthwise direction), and predictably yield a heating element with an array of apertures that is still capable of guiding external air through and out of the heating element.
Regarding Claim 17, Zhang further discloses a first wall region of the heating element comprising the array of air apertures, and a second wall region of the heating element free of the array of air apertures (see annotated Fig. 5).
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Regarding Claim 18, Modified Zhang does not disclose the air outlet comprises a mesh.
However, Li, directed to an atomization assembly, discloses a heating sheet (122) (i.e., heating element) with through holes (122s/r/t) (i.e., apertures) with different configurations of hole densities along the width and length direction of said heating sheet so that said sheet is able to distribute heat to meet specific needs of the atomization/heating assembly (see Figs. 20-22; [0091-0093]; alternative embodiments are considered equivalent; through holes are considered equivalent to the apertures of the air outlet). Li further notes that an alternative solution to the aperture configuration is to construct the heater/heating element with a mesh (see Fig. 23; [0094]; the mesh design constructs gaps similar to the through holes/apertures and are therefore considered equivalent).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the heating element such that the air outlets/holes disclosed by Zhang comprise a mesh as disclosed by Liu, as both are directed to an aerosol generating/provision device heating element, where one ordinarily skilled in the art can reasonably incorporate a mesh with an array of hole apertures as disclosed by Liu, to a similar heating element air outlet/hole as disclosed by Zhang, and predictably result in a heating element with mesh air outlets that are capable of guiding external air through and out of the heating element.
Regarding Claim 19, Zhang further discloses the air conduit (13) is a first air conduit and the air outlet (15) is a first air outlet and the heating element (1/2) comprises a second air conduit (Air inlet 130) (see Fig. 3; [0044]);
and a second air outlet (15) in fluid communication between the second air conduit (130) and the heating zone (i.e., zone between the heating element and receptacle) (see Figs. 3, 8; [0044, 0051]; the second air conduit/inlet is in communication with the apertures/outlets via the first air conduit, wherein the outlets are in communication with the heating zone as shown in Figure 8).
Regarding Claim 22, Zhang further discloses the heating element (1/2) comprises of metallic material with high magnetic permeability that is capable of generating an alternative (i.e., varying) magnetic field vortex that can generate heat via hitting and friction (i.e., penetration) of molecules moving at high speeds [0058, 0062].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mao et al (Publication No. US20220104550A1) – Atomization sheet comprising of hole portions which are arranged in different densities to adjust heat distribution and improve user experience.
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 Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755