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 .
Election/Restrictions
Applicant’s election of Species A (Figures 1 and 4) in the reply filed on 01/02/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 4-5 and 8-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim as the electromagnetic induction element only comprises a bottom wall and the second sub-coil is arranged around the bowl. Election was made without traverse in the reply filed on 01/02/2026.
Drawings
The drawings are objected to under 37 CFR 1.84(n) because they fail to follow proper shading standards as it comes to the materials used. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
As the first and second sub-coil of claim 1 are in series with each other and have no structural differences, examiner will interpret the dividing line between the two sub-coil sections to occur at any point along the coil, not requiring any change in the coil.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, the limitation “wherein the second sub-coil does not electromagnetically induce the bowl” is impossible as the second sub-coil will electromagnetically induce the first bowl part even if it is not surrounding it because the changing magnetic fields extend outside of the area between the coils. In the interest of compact prosecution examiner will treat the limitation to read “wherein the second sub-coil does not electromagnetically induce the bowl surrounded by the second sub-coil.”
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 1-3, 6-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (WIPO Publication 2021/204286) hereafter referred to as Li. References to WIPO Publication 2021/204286 will be made via US Publication 20230136305 which is a translation of WIPO Publication 2021/204286.
Regarding claim 1, Li teaches a heating assembly and aerosol generation apparatus, comprising a bowl (Figure 2, 40 and 30) configured to carry the aerosol-forming substrate ([0042]), the bowl comprising a first bowl part or the susceptor (30) and a second bowl part or tubular bracket (40) which are connected to each other, and an inductance coil (L), having first (C) and second (c) sub-coils shown in, causes the susceptor (30) or first bowl part to heat up while the second sub-coil is above the susceptor (Figure 2, 30) and does not surround the first bowl part (30) and as such has reduced effect on the susceptor compared to the first sub-coil (C).
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Figure 1A
Regarding claims 2, 6, and 7, Li teaches that the second bowl part or tubular bracket (40) is made of ceramic ([0042]), the second sub-coil (L) is arranged surrounding the second bowl part (Figure 2, 40), and a susceptor consists of an electromagnetic induction material.
Regarding claim 3, Li teaches that the bowl body or first bowl part or tubular bracket (40) is made of ceramic ([0042]), and the electromagnetic induction element or susceptor (30) is arranged at a bottom part of the bowl body (Figure 2).
Regarding claim 10, Li teaches the heating apparatus of claim 1 inside a housing (Figure 2), a battery cell (10) inside the housing, and a circuit (20) connecting the battery (10) to the inductance coil (L) ([0037]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Courbat et al. (US Publication 2021/0378311) teaches an aerosol generation device with an inductive heater with a susceptor and a receiving cavity with a power source connected to the inductive heating coil. It does not teach the use of quartz glass or ceramic.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Drew J Mitchum whose telephone number is (571)272-5610. The examiner can normally be reached 8-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F Landrum can be reached at 571-272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.J.M./Patent Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761