DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/1/2026 has been entered.
Claim 1 has been amended. Claims 1-27 are pending with claims 6-27 withdrawn from further consideration.
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 Arguments
Applicant’s arguments, see pg. 6, filed 6/2/2026, with respect to the rejection(s) of claim(s) 1 under § 103 have been fully considered and are persuasive. The Applicant argues that THORSEN nor REID teach the newly amended limitation that the walls are attached at atmospheric pressure. The Examiner agrees that THORSEN nor REID teach the newly amended limitation that the walls are attached at atmospheric pressure Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the new prior art.
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorsen et al. (WO 2019/053268 A1, provided in IDS of 3/14/2023), hereinafter THORSEN in view of Reid (U.S. PGPUB 2015/0260332), hereinafter REID and REID (U.S. PGPUB 2020/0362997), hereinafter REID 2.
Regarding claim 1, THORSEN teaches: A method for manufacturing a thermal insulator (THORSEN teaches manufacturing a thermal insulator [Abstract]), the method comprising: providing an inner wall which is configured to at least partially define a heating zone for receiving aerosol-generating material (THORSEN teaches providing an inner wall (110) that is made of heating material and the inner wall defines a heating zone [pg. 11; lines 25-33]. THORSEN teaches an article (104) of smokable material is located in the heating zone [pg. 18, lines 16-17]. THORSEN teaches the smokable material may include aerosol forming agent [pg. 23, lines 31-32].), wherein the inner wall comprises heating material that is heatable by penetration with a varying magnetic field (THORSEN teaches the inner wall (110) is made of heating material that is heatable by penetration with a varying magnetic field [pg. 11, lines 25-27].); providing an outer wall surrounding the inner wall at least partially along its length (THORSEN teaches an outer wall (112) that surrounds the inner wall (110) at least partially along its length [pg. 11, lines 24-25; Fig. 4; pg. 13, lines 13-14].), an insulation region being formed between the inner wall and the outer wall (THORSEN teaches an insulation region formed between the inner wall (110) and the outer wall (112) [pg. 12, lines 10-11; Fig. 4].), the inner wall and outer wall comprising different materials (THORSEN teaches the inner wall may be formed of steel; however, a nickel-cobalt ferrous alloy, such as Kovar, could also be used [pg. 11, lines 27-28]. THORSEN teaches the outer wall may be glass or ceramic [pg. 14, lines 5-6; pg. 15, lines 25-28]. THORSEN teaches the inner wall and the outer wall comprise different materials [pg. 11, lines 27-28; pg. 15, lines 25-28].); attaching a portion of a first joining material to the inner wall . . . (THORSEN teaches the outlet can be sealed, for example, by creating a brazed seal ring (126, 128) at the outlet by brazing material onto the inner and outer walls (110, 112) at the outlet from the insulation region (124) [pg. 20, lines 23-31; Figs. 6A-6B].); attaching a portion of a second joining material to the outer wall . . . (THORSEN teaches the outlet can be sealed, for example, by creating a brazed seal ring (126, 128) at the outlet by brazing material onto the inner and outer walls (110, 112) at the outlet from the insulation region (124) [pg. 20, lines 23-31; Figs. 6A-6B].); evacuating the insulation region to a pressure lower than atmospheric pressure (THORSEN teaches evacuating the insulation region to a pressure lower than atmospheric pressure [pg. 4, lines 24-25; pg. 6, lines 9-11; pg. 20, lines 20-23].); and closing the insulation region by joining the first joining material and second joining material to each other (THORSEN teaches the outlet can be sealed by brazed seal rings (126, 128) onto the inner and outer walls (110, 112) at the outlet after gas has been evacuated from the insulation region).
THORSEN does not explicitly teach joining the first material and the second material to each other. In the same field of endeavor, insulating, REID teaches a first joining material (71) and a second joining material (85) [0045-0046]. REID teaches the first joining material and the second joining material are joined to each other and close the insulation region (V4) [Fig. 5A; 0046]. REID also teaches the insulated structure can maintain the configured under atmospheric pressure [0062]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify THORSEN, by having two joining materials joined to each other, as suggested by REID, in order to hermetically provide seals for vacuum spaces [0046].
THORSEN and REID are silent as to sealing the walls together at atmospheric pressure. In the same field of endeavor, insulators, REID 2 teaches sealing a space between two walls (1022) and the space can be sealed with ambient air (at atmospheric pressure) [0036]. REID 2 also teaches the space can be evacuated [0036]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify REID and THORSEN by attaching the walls at atmospheric pressure, as suggested by REID 2, in order to provide an insulating “air gap” [0036].
Regarding claim 2, REID further teaches: wherein when the insulation region is evacuated to a pressure lower than atmospheric pressure (REID teaches the insulation regions (V3, V4) is evacuated to a pressure lower than atmospheric pressure [0007; 0050].), a region external to the insulation region is also evacuated to a pressure lower than atmospheric pressure (REID teaches article is put in a low-pressure environment such as a vacuum furnace and creates a vacuum space [0080]). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify THORSEN, by having a region external also evacuated to a pressure lower than atmospheric pressure, as suggested by REID, in order to enhance the insulating properties [0080].
Regarding claim 3, THORSEN teaches: wherein the portions of the first and second joining materials are attached to at least one of the inner and outer walls by brazing, welding or soldering (THORSEN teaches the seal rings (126, 128) are brazed [pg. 20, lines 25-28]. THORSEN teaches alternative sealing techniques could be used [pg. 20, lines 25-28].).
Regarding claim 4, REID further teaches: wherein the first and second joining materials are joined to each other by brazing, welding or soldering (REID teaches the first and second joining materials are joined to each other by brazing or soldering [0055].).
Regarding claim 5, THORSEN teaches: wherein the first and second joining materials comprise a silver eutectic braze material (THORSEN teaches the joining materials comprise silver eutectic braze material [pg. 21, lines 4-5]).
Conclusion
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/C.B./Examiner, Art Unit 1748
/JACOB T MINSKEY/Primary Examiner, Art Unit 1748
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