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 .
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.
Response to Arguments
Applicant’s arguments filed October 20, 2025 with respect to the rejection(s) of claim(s) 1-22 under § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mironov (US 2016/0295921) .
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.
Claim(s) 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (WO 2020153829, US 20220175015 relied upon) in view of Mironov et al. (US 2016/0295921)
Regarding claim 1, Jeong discloses an aerosol provision device (100) heating system (Fig. 9, aerosol-generating system), ¶[0128]) comprising:
a heating region configured to receive at least a portion of an article (50) (electrically heated smoking article) comprising aerosol generating material (56, 58) (gel aerosol-forming substrate, shredded tobacco filler, (¶[0130]);
a first heating element (136b) that extends within a first portion of the heating region, the first heating element (136b) being heatable to heat the first portion of the heating region, (susceptor (induction heat blade) heated by induction heating, see annotated Fig. 9 below, ¶[0130]); and
a second heating element (135) that at least partially surrounds a second portion of a heating region, the second heating element (135) being heatable to heat the second portion of the heating region (heat pipe 135 is shown as 136 in Fig. 9, heated by induction heating, ¶[0130]);
whereas at least part of the first heating element (136b) extending with the heating region is offset from the second heating element (135), (annotated Fig. 9, ¶[0130]).
Jeong does not explicitly disclose at least part of the first heating element is surrounded by the second heating element.
Mironov teaches an aerosol-forming substrate for use with an inductive heating device (Abstract). Mironov teaches a first susceptor material (11) and a second susceptor material (12). The second susceptor material (12) may be distributed in the periphery of the aerosol-forming substrate 1 with local concentration peaks (i.e., concentration peaks of heating), and the first susceptor material (11) may be concentrated along the center of the aerosol-forming substrate (1) or vice versa. Therefore, the first susceptor is partially surrounded by the second susceptor due to the local concentration arrangement of susceptor (2) around the periphery of the aerosol-forming substrate 1 (reads over at least part of the first heating element is surrounded by the first heating element). (Fig. 3; ¶[0034], ¶[0039]). Mironov ¶[0012] also teaches with this embodiment of the aerosol-formation substrate heating is not only concentrated in a central region thereof along its axial extension, but it may also be accomplished in the peripheral regions so that the degree of heat deposition into the solid material capable of releasing volatile compounds that can form an aerosol upon the heating of the aerosol-forming substrate depends on the concentration of the first and second susceptor materials in the aerosol-forming substrate. (Note, Fig. 3 is showing the “vice versa” arrangement of ¶[0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second heating element of Jeong to partially surround the first heating element of Jeong, as taught by Mironov so the aerosol-formation substrate heating is not only concentrated in a central region thereof along its axial extension, but it may also be accomplished in the peripheral regions such that the degree of heat deposition into the solid material capable of releasing volatile compounds that can form an aerosol upon the heating of the aerosol-forming substrate depends on the concentration of the first and second susceptor materials in the aerosol-forming substrate.
This reads over Claim 1.
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Regarding claim 2, Jeong discloses the first heating element (136b) defines a longitudinal axis, and the at least part of the first heating element (136b) extending within the heating region is offset in an axial direction from the second heating element (135), (annotated Fig. 9.) This reads over Claim 2.
Regarding claim 3, Jeong discloses the first heating element (136b) and the second heating element (135) are coaxial as shown in annotated Fig. 9. This reads over Claim 3.
Regarding claim 4, Jeong discloses the first heating element (136b) is configured to extend into an article (50) received by the heating region, (annotated Fig. 9, heat blade heats the tobacco filler, ¶[0130, 0133]). This reads over Claim 4.
Regarding claim 5, Jeong discloses the first heating element (136b) is tapered to a point on the free end, (Fig. 9). This reads over the sharp edge and the point of Claim 5.
Regarding claim 6, Jeong discloses the second heating element (135) is configured to extend around at least a portion of an article (50) received by the heating region, (annotated Fig. 9, ¶[0130]). This reads over Claim 6.
Regarding claim 7, Jeong discloses a receptacle (cavity) defining the heating region, wherein the receptacle has a base (120) defining an end of the heating region, (annotated Fig. 9, ¶[0130]) and a peripheral wall, (hollow thin cylindrical plate, annotated Fig. 9, ¶[0126]). This reads over Claim 7.
Regarding claim 8, Jeong discloses the first heating element (136b) stands upright from the base (120) in Fig. 9. This reads over Claim 8.
Regarding claim 9, Jeong does not explicitly disclose the peripheral wall comprises a support member and the second heating element (135). However, one of ordinary skill in the art before the effective filing date of the claimed invention would be reasonably suggested the peripheral wall must also be a support structure for the second heating element (135) in order for the second heating element (135) to remain positioned in place inside the heating region cavity, (annotated Fig. 9). This reads over Claim 9.
Regarding claim 10, Jeong discloses the at least a part of the first heating element (136b) extending within the heating region that is offset from the second heating element (135) is arranged at an end of the heating region, (annotated Fig. 9). This reads over Claim 10.
Regarding claim 11, Jeong discloses the at least a part of the first heating element (136b) extending within the heating region that is offset from the second heating element(135) is at least a majority of the first heating element (136b) extending within the heating region, (annotated Fig. 9). This reads over Claim 11.
Regarding claim 12, Jeong discloses at least a majority of the second heating element (135) is offset from the first heating element (136b) , (annotated Fig. 9). This reads over Claim 12.
Regarding claim 13, Jeong discloses an aerosol provision device heating system (100) (Fig. 9, aerosol-generating system), ¶[0128]) comprising:
a heating region configured to receive at least a portion of an article (50) (electrically heated smoking article) comprising aerosol generating material (56, 58) (gel aerosol-forming substrate, tobacco filler);
a first heating element (136b) that extends within a first portion of the heating region, the first heating element (136b) being heatable to heat the first portion of the heating region, (susceptor (induction heat blade) heated by induction heating, see annotated Fig. 9 above, ¶[0130]); and
a second heating element (135) that at least partially surrounds a second portion of a heating region, the second heating element (135) being heatable to heat the second portion of the heating region (heat pipe 135 is shown as 136 in Fig. 9, heated by induction heating, ¶[0130]);
wherein at least a majority of the second heating element (135) is offset from the first heating element (136b), (annotated Fig. 9, ¶[0130]).
Jeong does not explicitly disclose at least part of the first heating element is surrounded by the second heating element.
Mironov teaches an aerosol-forming substrate for use with an inductive heating device (Abstract). Mironov teaches a first susceptor material (11) and a second susceptor material (12). The second susceptor material (12) may be distributed in the periphery of the aerosol-forming substrate 1 with local concentration peaks (i.e., concentration peaks of heating), and the first susceptor material (11) may be concentrated along the center of the aerosol-forming substrate (1) or vice versa. Therefore, the first susceptor is partially surrounded by the second susceptor due to the local concentration arrangement of susceptor (2) around the periphery of the aerosol-forming substrate 1 (reads over at least part of the first heating element is surrounded by the first heating element). (Fig. 3; ¶[0034], ¶[0039]). Mironov ¶[0012] also teaches with this embodiment of the aerosol-formation substrate heating is not only concentrated in a central region thereof along its axial extension, but it may also be accomplished in the peripheral regions so that the degree of heat deposition into the solid material capable of releasing volatile compounds that can form an aerosol upon the heating of the aerosol-forming substrate depends on the concentration of the first and second susceptor materials in the aerosol-forming substrate. (Note, Fig. 3 is showing the “vice versa” arrangement of ¶[0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second heating element of Jeong to partially surround the first heating element of Jeong, as taught by Mironov so the aerosol-formation substrate heating is not only concentrated in a central region thereof along its axial extension, but it may also be accomplished in the peripheral regions such that the degree of heat deposition into the solid material capable of releasing volatile compounds that can form an aerosol upon the heating of the aerosol-forming substrate depends on the concentration of the first and second susceptor materials in the aerosol-forming substrate.
This reads over Claim 13.
Regarding claim 14, Jeong discloses the first heating element (136b) is arranged at a first end of the heating region, and the at least the majority of the second heating element (135) that is offset from the first heating element (136b) is arranged at or towards a second end of the heating region, (annotated Fig. 9). This reads over Claim 14.
Regarding claim 15, Jeong discloses the first heating element extends over at least a first distance between an end of the heating region and an end of the first heating element, the second heating element extends over a second distance between a first end of the second heating element and a second end of the second heating element, and the first heating element and the second heating element are offset from each other such that a distance from the end of the heating region to the second end of the second heating element is greater than the first distance and is greater than the second distance, (annotated Fig. 9). This reads over Claim 15.
Regarding claim 16, Jeong discloses the first heating element (136b) comprises a first susceptor heatable by penetration with a varying magnetic field, and the second heating element (135) comprises a second susceptor heatable by penetration with a varying magnetic field, (magnetic element, alternating current, induction heating, ¶[0126, 0130]). This reads over Claim 16.
Regarding claim 17, Jeong discloses an inductor coil configured to generate the varying magnetic field that penetrates the first susceptor and the second susceptor, (excitation coil, alternating current, magnetic heating element, ¶[0126, 0130]). This reads over Claim 17.
Regarding claim 18, Jeong discloses a first induction coil (140b) configured to generate a first varying magnetic field that penetrates the first susceptor (142b), and a second induction coil (140a) configured to generate a second varying magnetic field that penetrates the second susceptor (142a), (Fig. 12, ¶[0147, 0149]). This reads over Claim 18.
Regarding claim 19, Jeong discloses a control circuit (120) configured to independently control the first heating element (136b) and the second heating element (135), (¶[0132-0133]). This reads over Claim 19.
Regarding claims 20 and 21, Jeong discloses an aerosol provision device (100) comprising the heating system of claim 1, (Fig. 9, ¶[0126, 0128, 0130]) (Claim 20) and an article (50) (Claim 21), (Fig. 9, ¶[0129]). This reads over Claims 20 and 21.
Regarding claim 22, Jeong discloses the first heating element is arranged at a first end of the heating region, and the at least the majority of the second heating element that is offset from the first heating element is arranged at or towards a second end of the heating region, (annotated Fig. 9). This reads over Claim 22.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE KIRBY JORDAN whose telephone number is 571-272-5214. The examiner can normally be reached M-F 8AM - 4PM (EST).
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/RONNIE KIRBY JORDAN/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747