DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Election/Restriction
Applicant’s election without traverse of Group I, claims 1-5, 7-13, 15, and 18, in the reply filed on 5/27/2026 is acknowledged.
Claims 19 and 21-2 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/27/2026.
Status of the Claims
Claims 1-5, 7-13, 15, 18-19, and 21-25 are pending. Claims 19 and 21-25 are withdrawn.
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 1-2, 4-5, and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon (KR 10-2020-0078410 A, a translation of which is provided for reference).
Regarding claim 1, Kwon discloses an aerosol provision device (“microparticle generator”, Fig. 10, ¶ 0034), comprising:
a heater assembly (“heat stick (800)”, Fig. 10, ¶ 0066) configured to receive aerosol generating material (“aerosol-forming material” of “smoking item (50)”, Fig. 10, ¶ 0066; “heat stick (800) is inserted into the smoking item (50) and heats the aerosol-forming material inside the smoking item (50)”, ¶ 0066), wherein the heater assembly comprises a susceptor (“heat stick (800) serve as susceptors”, ¶ 0066) which is heatable by penetration with a varying magnetic field (“alternating magnetic field of the inductor generates hysteresis loss and eddy current in the susceptor, causing the susceptor to heat”, ¶ 0005);
an inductor coil (“excitation coil (300)”, Fig. 10, ¶ 0064) extending at least partially around the susceptor (see Fig. 10), wherein the inductor coil is configured to generate the varying magnetic field (“magnetic field lines from the excitation coil (300) being concentrated on the susceptor inside the excitation coil (300)”, ¶ 0070);
a support member (combination of “first inner part (600)” and “heat pipe (400)”, Fig. 10, ¶ 0073) extending between the susceptor and the inductor coil (see Fig. 10); and
an insulating layer (“insulating pipe (500)”, Fig. 10, ¶ 0071) extending between the susceptor and the inductor coil (see Fig. 10).
Regarding claim 2, Kwon discloses the aerosol provision device of claim 1, as stated above. Kwon further discloses wherein the insulating layer comprises a material (“zirconia”, ¶ 0074) with a thermal conductivity less than a thermal conductivity of a material of the support member (“stainless steel”, ¶ 0073).1
Regarding claim 4, Kwon discloses the aerosol provision device of claim 1, as stated above. Kwon discloses the aerosol provision device of claim1, as stated above. Kwon further discloses wherein the insulating layer comprises an aerogel (“aerogel”, ¶ 0074).
Regarding claim 5, Kwon discloses the aerosol provision device of claim 1, as stated above. Kwon further discloses wherein the support member comprises a thermoplastic (“PEEK”, ¶ 0073).2
Regarding claim 7, Kwon discloses the aerosol provision device of claim 1, as stated above. Kwon further discloses wherein the support member and the insulating layer are positioned away from the susceptor to form an air gap (“airflow pass space (120)”, Fig. 10, ¶ 0081).
Regarding claim 8, Kwon discloses the aerosol provision device of claim 1, as stated above. Kwon further discloses wherein the support member is between the susceptor and the insulating layer (see Fig. 10).
Regarding claim 9, Kwon discloses the aerosol provision device of claim 1, as stated above. Kwon further discloses wherein the insulating layer is supported on the support member (“heat pipe (400) is bonded to the inner surface of the insulating pipe (500)”, ¶ 0071).
Claims 1, 3, 10-13, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hepworth et al. (WO 2019/073237 A1, a copy of which is provided for reference).
Regarding claim 1, Hepworth discloses an aerosol provision device (“e-cigarette 1” comprising “reusable (device) part 2” and “consumable component 4”, Fig. 1, Page 4, Lines 1-3), comprising:
a heater assembly (combination of “interior chamber 66”, Fig. 1, Page 7, Line 23, and “heater 70”, Fig. 1, Page 8, Line 17) configured to receive aerosol generating material (“solid aerosol forming material 63”, Fig. 1, Page 7, Line 24; “interior chamber 66 . . . contains a plurality of fragments (e.g. granules) of solid aerosol forming material 63”, Page 7, Lines 23-24), wherein the heater assembly comprises a susceptor (“heater 70”, Fig. 1, Page 8, Line 17) which is heatable by penetration with a varying magnetic field (“heater 70 . . . is susceptible to electromagnetic induction”, Page 8, Lines 17-18);
an inductor coil (“inductive heating coil 23”, Fig. 1, Page 8, Line 32) extending at least partially around the susceptor ("inductive heating coil 23 in this example comprises a helical coil wound extending along a portion of the receiving zone that surrounds the heater 70", Page 8, Line 35 – Page 9, Line 1; compare to the embodiment shown in Fig. 9), wherein the inductor coil is configured to generate the varying magnetic field ("Electromagnetic energy is thus transferred from the heating coil 23 to the heater 70 in accordance with conventional electromagnetic heating techniques.", Page 8, Lines 33-35);
a support member (first end wall 64 of “first and second end walls 64”, Fig. 1, Page 6, Lines 32-33) extending between the susceptor and the inductor coil (compare Fig. 1 to Fig. 9); and
an insulating layer (second end wall 64 of “first and second end walls 64”, Fig. 1, Page 6, Lines 32-33; “end walls 64” may be formed from “tobacco fibres”, Page 7, Lines 12-14, and tobacco fibres are insulating3) extending between the susceptor and the inductor coil (compare Fig. 1 to Fig. 9).
Regarding claim 3, Hepworth discloses the aerosol provision device of claim 1, as stated above. Hepworth further discloses wherein the support member is formed from a solid material (“tobacco fibres”, Page 7, Line 14), and the insulating layer is formed from a fibrous material (“tobacco fibres”, Page 7, Line 14).
Alternatively regarding claim 1, Hepworth discloses an aerosol provision device (“e-cigarette 1” comprising “reusable (device) part 2” and a “consumable component”, Fig. 1, Page 4, Lines 1-3, specifically using the “consumable component 604” of Fig. 10 inserted into the “reusable (device) part 2” of Fig. 1, Page 14, Lines 33-36), comprising:
a heater assembly (combination of the unlabeled interior chamber and “heater 670” of “consumable component 604”, Fig. 10, Page 15, Line 7, corresponding to the “interior chamber 66” and “heater 70” of “consumable component 4” in Fig. 1, see Page 7, Line 23, and Page 8, Line 17) configured to receive aerosol generating material (“solid aerosol forming material 63”, unlabeled in Fig. 10, see Fig. 1, Page 7, Line 24; “interior chamber 66 . . . contains a plurality of fragments (e.g. granules) of solid aerosol forming material 63”, Page 7, Lines 23-24), wherein the heater assembly comprises a susceptor (“heater 670”, Fig. 10, Page 15, Line 7) which is heatable by penetration with a varying magnetic field (“power is supplied to the consumable component by electromagnetic induction”, Page 8, Lines 16-17);
an inductor coil (“inductive heating coil 23”, Fig. 1, Page 8, Line 32) extending at least partially around the susceptor (“inductive heating coil 23 surrounding the consumable component”, Page 8, Lines 32-33; compare the combination of Figs. 1 and 10 to the embodiment shown in Fig. 9), wherein the inductor coil is configured to generate the varying magnetic field (“Electromagnetic energy is thus transferred from the heating coil 23", Page 8, Lines 33-34);
a support member (“intervening thermal insulating elements, such as ceramic tubing 671, 672”, Fig. 10, Page 15, Lines 8-9) extending between the susceptor and the inductor coil (compare the combination of Figs. 1 and 10 to the embodiment shown in Fig. 9); and
an insulating layer (“absorbent solid substrate material, e.g. calcium carbonate” within “solid aerosol forming material 63”, Page 7, Lines 24-26; “calcium carbonate” is insulating4) extending between the susceptor and the inductor coil (compare the combination of Figs. 1 and 10 to the embodiment shown in Fig. 9).
Regarding claim 10, Hepworth discloses the aerosol provision device of claim 1, as stated above in the alternate rejection of claim 1 in view of Hepworth. Hepworth further discloses wherein the support member is an insulating member (“insulating elements”, Page 15, Lines 7-8).
Regarding claim 11, Hepworth discloses the aerosol provision device of claim 10, as stated above. Hepworth further discloses wherein the insulating member is a first insulating member, and the aerosol provision device comprises a second insulating member (“outer wall 62”, Fig. 10, Page 6, Line 32; “outer wall 62” may be formed from “tobacco fibres”, Page 7, Lines 12-14, and tobacco fibres are insulating5) positioned between the first insulating member and the inductor coil (compare the combination of Figs. 1 and 10 to the embodiment shown in Fig. 9).
Regarding claim 12, Hepworth discloses the aerosol provision device of claim 11, as stated above. Hepworth further discloses wherein the second insulating member is positioned away from the first insulating member (see Fig. 10).
Regarding claim 13, Hepworth discloses the aerosol provision device of claim 12, as stated above. Hepworth further discloses wherein the insulating layer is positioned between the first insulating member and the second insulating member (see Fig. 10).
Regarding claim 15, Hepworth discloses the aerosol provision device of claim 11, as stated above. Hepworth further discloses wherein the inductor coil extends at least partially around the second insulating member (compare the combination of Figs. 1 and 10 to the embodiment shown in Fig. 9).
Regarding claim 18, Hepworth discloses the aerosol provision device of claim 1, as stated above in the alternate rejection of claim 1 in view of Hepworth. Hepworth further discloses wherein the insulating layer is an inner insulating layer, and the aerosol provision device comprises an outer shell (“first and second end walls 64”, Fig. 10, Page 6, Lines 32-33) and an outer insulating layer (“outer wall 62”, Fig. 10, Page 6, Line 32; “outer wall 62” may be formed from “tobacco fibres”, Page 7, Lines 12-14, and tobacco fibres are insulating6), the outer insulating layer extending between the inductor coil and the outer shell (compare the combination of Figs. 1 and 10 to the embodiment shown in Fig. 9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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/COURTNEY G CULBERT/Examiner, Art Unit 1747
1 Zirconia has a thermal conductivity of 2.2 to 4.3 W/m-K, which is less than the thermal conductivity of stainless steel of 15 W/m-K (See Page 2, “Thermal Properties”, of "AISI 316L Stainless Steel vs. Zirconia", MakeItFrom.com, 5/30/2020, https://www.makeitfrom.com/compare/AISI-316L-S31603-Stainless-Steel/Zirconia-Zirconium-Dioxide-ZrO2, a copy of which has been provided for reference).
2 PEEK is a thermoplastic (see Page 1, Line 1 of "Peek Material Properties and Applications", AON3D, 4/13/2026, https://www.aon3d.com/material-science/peek-material-properties-and-applications/, a copy of which is provided for reference).
3 Tobacco fibres are insulating due to the “inherent low thermal conductivity of plant materials” (See Page 2, Line 22 of Gong X, Zhang Y, Zhao W, Duan Y, Wu H, Zhang Z, Jiang W, Li X, Han Y, Ge Z, Dong J, Qin Y. Remarkably enhanced thermal properties of tobacco granules with high-thermal-conductivity nanoparticles. Heliyon. 2022 Dec 28;9(1):e12696. doi: 10.1016/j.heliyon.2022.e12696. PMID: 36685425; PMCID: PMC9849967. A copy has been provided for reference.).
4 Calcium carbonate is a “thermal insulating material” (see ¶ 0031 of Jiang et al., US 2013/0327937 A1).
5 Tobacco fibres are insulating due to the “inherent low thermal conductivity of plant materials” (See Page 2, Line 22 of Gong X, Zhang Y, Zhao W, Duan Y, Wu H, Zhang Z, Jiang W, Li X, Han Y, Ge Z, Dong J, Qin Y. Remarkably enhanced thermal properties of tobacco granules with high-thermal-conductivity nanoparticles. Heliyon. 2022 Dec 28;9(1):e12696. doi: 10.1016/j.heliyon.2022.e12696. PMID: 36685425; PMCID: PMC9849967. A copy has been provided for reference.).
6 Tobacco fibres are insulating due to the “inherent low thermal conductivity of plant materials” (See Page 2, Line 22 of Gong X, Zhang Y, Zhao W, Duan Y, Wu H, Zhang Z, Jiang W, Li X, Han Y, Ge Z, Dong J, Qin Y. Remarkably enhanced thermal properties of tobacco granules with high-thermal-conductivity nanoparticles. Heliyon. 2022 Dec 28;9(1):e12696. doi: 10.1016/j.heliyon.2022.e12696. PMID: 36685425; PMCID: PMC9849967. A copy has been provided for reference.).
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