DETAILED ACTION
The communication dated 12/15/2025 has been entered and fully considered.
Claims 1-27 are pending with claims 6-27 withdrawn from further consideration.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 filed 12/15/2025 have been fully considered but they are not persuasive.
The Applicant argues that THORSEN fails to disclose or suggest attaching a portion of a first joining material to the inner wall under atmospheric pressure and attaching a portion of a second joining material to the outer wall under atmospheric pressure. THORSEN teaches that the outlet is sealed by brazing material onto the inner and outer walls at the outlet after gas has been evacuated from the insulation region. THORSEN’s teaching in this respect is attaching under vacuum and not under atmospheric pressure. REID also fails to disclose or suggest attaching a portion of a first joining material to the inner wall under atmospheric pressure and attaching a portion of a second joining material to the outer wall under atmospheric pressure. REID teaches that the braze material 85 is not attached to the outer wall 48 under atmospheric pressure. In particular, the braze material 85 is initially a bead positioned near vent 81 such that during air evacuation process but before brazing process, the outer wall is heated such that the braze material will flow towards the vent, cool, and form a vacuum seal 49. The braze material is only attached to the outer wall after air has been evacuated. Thus, REID fails to disclose or suggest attaching first and second joining materials to respective walls under atmospheric pressure.
The Examiner respectfully disagrees as THORSEN teaches the pressure in the insulation region may be in in the range of 10-1 to 10-7 torr [pg. 12, lines 20-23]. REID also teaches the insulating space has a pressure less than 760 torr, which is atmospheric pressure [0007; 0114]. The Examiner would like to note that the recitation of “under atmospheric pressure” can be interpreted to mean below atmospheric pressure. Is the attaching being done at atmospheric pressure?
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.
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 under atmospheric pressure (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 after gas has been evacuated from the insulation region (124) [pg. 20, lines 23-31; Figs. 6A-6B]. THORSEN teaches the pressure in the insulation region may be in in the range of 10-1 to 10-7 torr [pg. 12, lines 20-23].); attaching a portion of a second joining material to the outer wall under atmospheric pressure (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 after gas has been evacuated 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].
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
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE BEHA whose telephone number is (571)272-2529. The examiner can normally be reached MONDAY - FRIDAY 9:00 A.M. - 5:00 P.M.
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/C.B./Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748