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 .
Response to Amendment
Amendment filed 12/10/2025 has been entered and fully considered. Claims 1-5, 7-11, 13-18 and 20-23 are pending. Claims 6, 12 and 19 are cancelled. Claims 1 and 20-22 are amended. No new matter is added.
Response to Arguments
Applicant's arguments filed 12/10/2025 have been fully considered but they are not persuasive.
Applicant argues that Holoubek does not describe the user of susceptor and induction based heating for the blade. Altering the device of Holoubek to included a susceptor from Aoun would require significant redesign of the device to accommodate an inductor coil. Further it would not be obvious to a person of ordinary skill in the art that a susceptor heating element could be embedded in the insert molded mount.
Examiner respectfully disagrees. Holoubek discloses that the heater, 14, comprises a blade tapered to a point which penetrates into the aerosol forming substrate (Paragraphs [0062] and [0069]). Aoun also discloses that the heater element is inserted into the inside of the article as the article is placed into the heating zone (Paragraph [0080]). Thus, the heaters of each reference perform a similar function of penetrating the aerosol forming substrate to heat the aerosol forming substrate internally. Moreover, Aoun provide a description as to how one of ordinary skill in the art would modify Holoubek by providing a susceptor, 130, either embedded in the blade or by placing the susceptor material on the blade (Paragraph [0082]). The induction coil, 114, is then placed around the heating zone in the outer wall of the device (Paragraph [0079]; Figure 3). Thus, while some reengineering would be required to modify Holoubek, any barriers to said reengineering are likely overcome by the disclosure of Aoun itself. Specifically, the coils and susceptor and their placement on the device, and respective placement and incorporation into the device are disclosed.
In Holoubek, it is necessary for the resistive track so the heater to pass through the mount to be connected to the power supply. The susceptor does not need such a consideration. The mount may be situated between the susceptor heating element and the inductor and other components of the device, thereby thermally isolating the susceptor from other components of the device. Thus, the technical capability and its advantages would not be obvious.
Examiner respectfully disagrees. The holder of the heater blade in Holoubek is placed towards the base of the heater, at 1093 (Paragraph [0071]; Figure 3, while the susceptor and coil, 130 and 114 respectively, are placed at the opposite end of the blade. Moreover, the wiring for the coil appear to pass through the housing wall (Figure 3 of Aoun). Thus the technological considerations do not appear to interfere with the overall design and function of Holoubek when being modified by Aoun.
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.
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Claim(s) 1-5, 7-11, 13, 15-18, 20, 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over HOLOUBEK et al. (US 2018/0049471) in view of ANDERSON et al. (US 2020/0000146) and AOUN (US 2019/0230988)
With respect to claims 1, 20 and 23 , HOLOUBEK et al. discloses an aerosol generating device (Abstract) comprising a heater assembly (Paragraph [0070]; Figure 3) having a cavity (e.g., receptacle) defining a heating chamber arranged to receive at least a portion of an article comprising aerosol generating material (Paragraph [0031], [0061]; Figures 1 and 2); a heating element, 1010/1091, configured to heat a portion of the article received in the heating chamber (Figure 3; Paragraphs [0070] [0071]); a mount, 1020, supporting the heating element (Paragraph [0071]). The heating element includes a heating portion, 1091, and an anchoring portion, 1093 (Paragraphs [0071], [0075]). The anchoring portion is injection molded within the mount such that the anchoring portion is embedded within the mount (Paragraph [0075]).
HOLOUBEK et al. does not explicitly disclose that the anchoring portion is insert molded into the mount. ANDERSON et al. discloses that contacts can be insert molded in order to provide a more robust seal so as to limit or prevent vaporized material from passing into the circuitry or battery region (Paragraph [0274]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to insert mold the anchoring portions and its electrical contacts into the mount of HOLOUBEK et al., as taught by ANDERSON et al. in order to provide a more robust seal so as to limit or prevent vaporized material from passing into the circuitry or battery region.
HOLOUBEK et al. does not explicitly disclose the claimed susceptor. AOUN discloses that the heater comprises a susceptor (Paragraphs [0047]-[0049], [0073]; Figure 3) that is heatable by penetration with a varying magnetic field (Paragraph [0073]). This causes progressive heating of the material (Abstract) and helps to enable an aerosol to be formed and released relatively rapidly from an end of the article for inhalation by a user, yet provides time-dependent release of aerosol from the smokable material , so that aerosol continues to be formed and released even after the first portion of the smokable material has ceased generating aerosol (Paragraph [0070]).
It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the susceptor of AOUN in the heating element of HOLOUBEK et al. in order to help to enable an aerosol to be formed and released relatively rapidly from an end of the article for inhalation by a user, yet provides time-dependent release of aerosol from the smokable material , so that aerosol continues to be formed and released even after the first portion of the smokable material has ceased generating aerosol.
With respect to claim 2, HOLOUBEK et al. discloses that the heating portion, 1091, extends form the anchoring portion, 1093, and extends from the mount (Figure 3; Paragraph [0071]).
With respect to claim 3, HOLOUBEK et al. discloses that the anchoring portion comprises an anchoring features, 1200 (Paragraph [0075]; Figures 3 and 4)
With respect to claim 4, HOLOUBEK et al. discloses that the anchoring feature also comprises a recess, 3500, in the anchoring portion and a portion of the mount is received by the recess to couple these components together (Paragraphs [0075], [0079], [0007], [0011]-[0014])
With respect to claim 5, HOLOUBEK et al. discloses that the anchoring portion comprises an anchoring feature, 1200, such as a through hole and the mount extends therethrough (Paragraph [0075]; Figures 3 and 4).
With respect to claim 7, HOLOUBEK et al. discloses that the heating portion defines a longitudinal axis along which the heating portion extends , and the anchoring feature extends transverse to said axis (Paragraph [0070]; Figures 3, 4, 6).
With respect to claim 8, HOLOUBEK et al. shows that the heating element upstands in the heating chamber (Figure 2).
With respect to claim 9, HOLOUBEK et al. discloses that the heater element is blade-shaped (Abstract; Figures 1, 5 and 6).
With respect to claim 10, HOLOUBEK et al. discloses a wall, 10, projecting from the mount to define the heating chamber and encircling (Paragraph [0031]-[0033]) the heating portion (Figure 2).
With respect to claim 11, HOLOUBEK et al. discloses a peripheral wall, 10, projecting from the mount to define the heating chamber and encircling (Paragraph [0031]-[0033]) the heating portion (Figure 2).
With respect to claim 13, AOUN discloses an inductor coil around the susceptor that is configured to generate the varying magnetic field (Paragraphs [0077]-[0079], [0087]-[0091]).
With respect to claim 15, HOLOUBEK et al. discloses that the anchoring portion of the heating element comprises a larger axial cross sectional area than a base of the heating element (Paragraphs [0013], [0014]). Specifically, the anchoring portion may comprise one or more outwardly extending lugs, 3400, that increase the axial cross section of the anchoring portion.
With respect to claim 16, HOLOUBEK et al. shows that the axial cross sectional area of the anchoring portion is substantially the same as the base of the heating portion (Figure 5).
With respect to claim 17, HOLOUBEK et al. disclose that the mount comprises a moldable material (Abstract).
With respect to claim 18, HOLOUBEK et al. discloses that the moldable material is a polymer (Paragraphs [0016] [0061])
With respect to claim 21, HOLOUBEK et al. discloses an aerosol generating device (Abstract) comprising a heater assembly (Paragraph [0070]; Figure 3; Paragraph [0031], [0061]; Figures 1 and 2); a heating element, 1010/1091, configured to heat a portion of the article received in the heating chamber (Figure 3; Paragraphs [0070] [0071]); a mount, 1020, supporting the heating element (Paragraph [0071]). The heating element includes a heating portion, 1091, and an anchoring portion, 1093 (Paragraphs [0071], [0075]). The anchoring portion is injection molded within the mount such that the anchoring portion is embedded within the mount (Paragraph [0075]). HOLOUBEK et al. discloses a method of molding an anchoring portion of the heater into the mount (Paragraph [0061], [0018]-[0021])
HOLOUBEK et al. does not explicitly disclose that the anchoring portion is insert molded into the mount. ANDERSON et al. discloses that contacts can be insert molded in order to provide a more robust seal so as to limit or prevent vaporized material from passing into the circuitry or battery region (Paragraph [0274]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to insert mold the anchoring portions and its electrical contacts into the mount of HOLOUBEK et al., as taught by ANDERSON et al. in order to provide a more robust seal so as to limit or prevent vaporized material from passing into the circuitry or battery region.
HOLOUBEK et al. does not explicitly disclose the claimed susceptor. AOUN discloses that the heater comprises a susceptor (Paragraphs [0047]-[0049], [0073]; Figure 3) that is heatable by penetration with a varying magnetic field (Paragraph [0073]). This causes progressive heating of the material (Abstract) and helps to enable an aerosol to be formed and released relatively rapidly from an end of the article for inhalation by a user, yet provides time-dependent release of aerosol from the smokable material , so that aerosol continues to be formed and released even after the first portion of the smokable material has ceased generating aerosol (Paragraph [0070]).
It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the susceptor of AOUN in the heating element of HOLOUBEK et al. in order to help to enable an aerosol to be formed and released relatively rapidly from an end of the article for inhalation by a user, yet provides time-dependent release of aerosol from the smokable material , so that aerosol continues to be formed and released even after the first portion of the smokable material has ceased generating aerosol.
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Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over HOLOUBEK et al. (US 2018/0049471) in view of ANDERSON et al. (US 2020/0000146) and AOUN (US 2019/0230988) as applied to claims 1-5, 7-11, 13, 15-18, 20, 21 and 23 above, and further in view of AN et al. (US 2020/0390156).
With respect to claim 14, HOLOUBEK et al. discloses the heater assembly receiving chamber (e.g., within wall 11; Figure 1). However, it is not disclosed that the heater assembly is removably secured to the device. AN et al. discloses an aerosol generator where the heater is combined in the heater chamber detachably (Paragraph [0073]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date, to provide the heater as being detachably coupled to the device of modified HOLOUBEK et al., as taught by AN et al. so that if damaged, the heater can be replaced.
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Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over HOLOUBEK et al. (US 2018/0049471) in view of MIYATA et al. (US 2016/0207233) and AOUN (US 2019/0230988).
With respect to claim 22, HOLOUBEK et al. discloses an aerosol generating device (Abstract) comprising a heater assembly (Paragraph [0070]; Figure 3) having a cavity (e.g., receptacle) defining a heating chamber arranged to receive at least a portion of an article comprising aerosol generating material (Paragraph [0031], [0061]; Figures 1 and 2); a heating element, 1010/1091, configured to heat a portion of the article received in the heating chamber (Figure 3; Paragraphs [0070] [0071]); a mount, 1020, supporting the heating element (Paragraph [0071]). The heating element includes a heating portion, 1091, and an anchoring portion, 1093 (Paragraphs [0071], [0075]). The anchoring portion is formed by injection molded within the mount such that the anchoring portion is embedded within the mount (Paragraph [0075]).
HOLOUBEK et al. does not explicitly disclose the claimed mold cavity, molten material or solidifying the molten material.
MIYATA et al. discloses an insert molding method for electrical components that enhances adhesion between the conductors and insulator (Abstract; Paragraphs [0001]-[0004]). The method comprises providing a mold having a cavity, at least a portion of the conductor portion is placed within the cavity (e.g., anchoring portion of HOLOUBEK et al. enveloped in cavity) (Paragraphs [0043]-[0044]), injecting a molten material into the mold cavity (this implicitly includes guiding the molten material into the cavity) (Paragraph [0045]-[0046]) and solidifying the molten material in the cavity around the conductor part (Paragraphs [0077]-[0080]).
It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to mold the mount about the heating portion of HOLOUBEK et al., in the manner taught by MIYATA et al. so as to enhance adhesion between the two components.
HOLOUBEK et al. does not explicitly disclose the claimed susceptor. AOUN discloses that the heater comprises a susceptor (Paragraphs [0047]-[0049], [0073]; Figure 3) that is heatable by penetration with a varying magnetic field (Paragraph [0073]). This causes progressive heating of the material (Abstract) and helps to enable an aerosol to be formed and released relatively rapidly from an end of the article for inhalation by a user, yet provides time-dependent release of aerosol from the smokable material , so that aerosol continues to be formed and released even after the first portion of the smokable material has ceased generating aerosol (Paragraph [0070]).
It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the susceptor of AOUN in the heating element of HOLOUBEK et al. in order to help to enable an aerosol to be formed and released relatively rapidly from an end of the article for inhalation by a user, yet provides time-dependent release of aerosol from the smokable material , so that aerosol continues to be formed and released even after the first portion of the smokable material has ceased generating aerosol.
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 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 ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745