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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/25/2026 has been entered.
Response to Amendment
Amendment filed 6/25/2026 has been entered and fully considered. Claims 1-8, 10, 11, 14-16, 19-21, 23, 25, 26, 28, 29, 33 and 34 are pending. Claims 9, 12, 13, 17, 18, 22, 24, 27, 30 and 31 are cancelled. Claims 1 and 34 are amended. No new matter is added.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 6/25/2026, with respect to claims 1 have been fully considered and are persuasive. The rejection of the claims have been withdrawn.
Applicant argues that the cited art is designed to only have the receptacle removed upon disassembly of the device, and not while in use.
Examiner agrees. The rejection over claim 1 is withdrawn.
Applicant's arguments filed 6/25/2026 have been fully considered but they are not persuasive.
Examiner notes that claim 34 does not include all of the features recited in claim 1. Specifically, claim 34 does not require that the enclosed channels are at least partially received within the device chamber.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over PLOJOUX et al. (WO 2013/102609 A2) in view of MIRONOV et al. (US 2020/0236999).
With respect to claim 34, PLOJOUX et al. discloses an aerosol generating device (Abstract) comprising a removable insert, 40, comprising a receptacle, 22, defining a heating chamber arrangement to removably receive an aerosol generating material, and is capable of being placed into and removed from a chamber of the device (Figures 3-5; Page 14, lines 1-37; Page 9, lines 1-30).
While PLOJOUX et al. discloses that the insert, 40, may be removed after use, the insert does not appear to require disassembly of the device to be removed from the device chamber. Thus, removal “during use” appear to be a capability of the device.
The insert comprises an opening at a proximal end (Figures 3 and 4) and a base (having 30 and 46) at a distal end (Figures 4 and 5) and a wall arrangement (having 42, 48 and 44) (Figure 5). Within the wall arrangement is an enclosed channel, 28b (Figures 4 and 5; Page 14, lines 15-25) defined within the wall arrangement to provide airflow along the wall arrangement (Figure 4). The aerosol generating device comprises a heater, 14 (Page 14, lines 10-20). PLOJOUX et al. does not explicitly disclose that the insert itself comprises the heating element.
MIRONOV et al. discloses an aerosol generating device with a detachable heating compartment (Abstract; Title; Paragraph [0021] and [0022]). The removable heating compartment comprises the heater element, 14, as well (Paragraphs [0048]-[0049]; Figure 1), instead of having the heater attached to device (Paragraph [0055]). Having the heating element attached to the heating compartment allows for the heating element to be easily cleaned (Paragraph [0007]). 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 heating element of PLOJOUX et al. attached to the insert of MIRONOV et al. so that the heating element can be easily cleaned.
Allowable Subject Matter
Claims 1-8, 10, 11, 14-16, 19-21, 23, 25, 26, 28, 29 and 33 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
COUNTS ‘978 discloses that the housing portions, 33 and 35, are removable (Column 4, lines 50-68; Column 5, lines 1-20) and thus, the heater element and its receptacle are removable as well. However, upon removing the two housing components from each other, it does not appear that the device could still be considered “during use” as claimed, per se.
Having a removable receptacle that is capable of being removed during use is generally known.
PLOJOUX et al. (WO 2013/102609 A2) and MAHLER et al. (US 2018/0049472) disclose such a feature.
As seen in MAHLER et al., the aerosol generating device (Abstract) comprises an extractor, 130, (Paragraph [0071]; Figures 3 and 4) that is configured to be removed from the device (Paragraph [0074]). This extractor fits within a device chamber (Paragraph [0068]; Figure 1) and the extractor itself comprises a base, 137, and a wall, 131, arrangement extending from the base (Paragraph [0071]). The base and wall arrangement define a heating chamber, 35, (Paragraph [0073; Figures 5 and 6) and are arranged to removably receive at least a portion an article comprising aerosol generating material (Paragraph [0076]; Figures 7 and 8). The device further comprises a heating element, 110, for hearting the article (Paragraphs [0076], [0077]) when in the chamber and the removable receptacle has a closed channel, 171 (Paragraphs [0072] and [0073]). However, this closed channel is located entirely within the base of the removable receptacle, and not the wall arrangement, as claimed.
While MAHLER et al. appears to show structures, 151 and 153, that could act as an air channel between the wall arrangement and device chamber (Figures 3-6) these channels are not closed channels, per se.
PLOJOUX et al. discloses a similar device (Abstract; Summary) to that of MAHLER et al. in that a removable extractor is provided in a device chamber (Page 4, lines 30-36; Page 5, lines 1-5). The removable extractor comprises a base (at 30 and 46) and a wall arrangement (42 and 44) (Page 14, lines 7-35; Figure 5). The wall arrangement includes air channels, 26 and 28b, within the wall arrangement that appear to be enclosed (Figures 3-5). However, as seen in figure 4, the enclosed channels, 28b, are within the portion of the wall arrangement that is not received within the device chamber, as is required by the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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
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