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 Amendment
Claims 1-2, 15-18, and 20 are amended. Claims 3-5 are cancelled. Claims 1-2 and 6-20 are pending.
Response to Arguments
Applicant’s amendments and remarks filed December 3, 2025 regarding the objections to the claims and the objections to the specification have been fully considered and are persuasive. Said objections are removed.
Applicants amendments and remarks filed December 3, 2025 regarding rejections under § 102 and § 103 have been fully considered but they are not persuasive.
Applicant argues, page 8 last paragraph to page 9 first full paragraph, the second part 14 of Li cannot be considered separated and fluidly isolated due to mention of seepage of aerosol and condensate through the holes 121, the insertion holes 122 and entering the second part 14. Further, an elastic member is provided in the second part 14 to maintain a substantially constant pressure to restrict seeping of liquid such that the second part 14 is not fluidly isolated from the first part 11.
The Examiner respectfully disagrees as Li ¶[0056] specifically discloses the second part 14 has airtightness, and can maintain a basically constant pressure in the second part 14, thereby preventing (emphasis added) the aerosol and condensate (i.e., liquid) generated in the chamber 11 from seeping or entering the second part 14 through the hole 121 or the plug hole 122. This reasonably suggests to a person having ordinary skill in the art in the second part 14 must be fluidly isolated from chamber 11 (i.e., no seepage of aerosol and condensate into the heating chamber).
[0056]
At the same time, further according to the preferred embodiments shown in Figures 2 and 7, the volume of the elastic member 50 basically tightly fills the space of the second part 14. The elastic filling of the elastic member 50 can make the second part 14 have appropriate airtightness, and can maintain a basically constant pressure in the second part 14, thereby preventing the aerosol and condensate generated in the chamber 11 from seeping or entering the second part 14 through the hole 121 or the plug hole 122.
Applicant additionally argues, page 9 second paragraph, Li teaches a person of ordinary skill in the art to reduce seepage (emphasis added) to provide the elastic member 50 to press the susceptor 30 against the sensor 40, and therefore against the partition. To enable such an arrangement the susceptor 30 must be free to move axially, to bias against the sensor 40, and so must be free to move in the holes. Certainly, there is nothing the holes correspond to the size of the susceptor. The Examiner respectfully disagrees as this argument as to the arrangement is speculation on the part of the Applicant and further, was not the rationale used by the Examiner in rejecting claim 1. Amended claim 1 is therefore not anticipated by Li.
Applicants arguments are not considered persuasive for the above reasons.
Applicant further argues, page 9 last paragraph to page 10 first paragraph, Zhang and Xiao do not anticipate Claim 1. The Examiner respectfully disagrees as neither Zhang nor Xiao were used in the rejection of Claim 1.
Applicant’s remarks, page 10, next to last paragraph, that fluidly isolating the sensor channel provides improved thermal management of the device are considered to be unexpected results. Applicant’s as-filed specification fails to provide any comparative examples to demonstrate any unexpected result to support their allegation of unexpected results fluidly isolating the sensor channel improves thermal management of the device. A showing of unexpected results must be based on evidence, not argument or speculation. In re Mayne, 104 F.3d 1339, 1343-44, 41 USPQ2d 1451, 1455-56 (Fed. Cir. 1997). This argument is not persuasive.
Applicant argues, page 11 first full paragraph, the sensor of Zhang is required to be in contact with the heating element. A person of ordinary skill would not look to modify the device to fluidly isolate the sensor as significant redesign of the device would be required. The Examiner respectfully disagrees as Zhang was not used in rejecting the fluidly isolated limitation of claim 1.
Applicant argues, page 11 second full paragraph, the sensor of Xiao cannot be fluidly isolated from the heating chamber and would require redesign of the device (i.e., Xiao). The Examiner respectfully disagrees. As discussed in the rejections below (Figs 1, 5 and 6 are reproduced below), Xiao teaches the first end 51 of the temperature sensor 50 extends into the receiving groove 431 and is connected to the heating workpiece 30, and the second end 52 of the temperature sensor 50 is electrically connected to the circuit board 60 (Fig. 1 [0036]). The base 41 is provided with a first air flow groove 411 and the first protrusion 43 is provided with a second air flow groove 434, and the second air flow groove 434 is close to the boss 433. The upper cavity 10 is provided with an air inlet hole 13, and the air inlet hole 13 is connected to the first air flow groove 411. The air flows from the air inlet hole 13 through the first air flow groove 411 into the receiving space 44, and then from the receiving space 44 through the second air flow groove 434 into the air passage 11 of the upper cavity 10, presenting a large smoke effect (Fig. 5, 6 [0047]). Since the second air flow groove 434 is close to the boss 433, the air flow passes through the boss 433 and flows to the cigarette to the user's mouth. The air flow is smooth, and the aroma of the flue-cured tobacco flows well into the user's mouth, thereby improving the user experience ([0048]). At no time does Xiao teach the air flow between the outer surface the temperature sensor 50 first end 51 (i.e., the temperature sensing end) and the inner surface of the receiving groove 431 into which the first 51 is extended. Therefore, based on the air flow through Xiao one of ordinary skill in the art is reasonably suggested the sensor 50 first end 51 is fluidly isolated from the air flow entering the receiving space 44 of Xiao which is what Xiao wants. Figs. 5 and 6 are reproduced below showing the designed air flow as discussed above.
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Applicants arguments are not considered persuasive for the above reasons.
Claim Objections
Claims 6-8 are objected to under 37 CFR 1.75(c) as being in improper form because each claim depends from a cancelled claim. See MPEP § 608.01(n). For the purpose of this Office action each claim has been treated as if depending from claim 1. Appropriate correction is required.
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, 6-8, 14-15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN211482972U, provided on IDS dated 04/07/2023, Espacenet Machine Translation relied upon).
Regarding claims 1, 19, and 20, Li discloses an aerosol generating device (anticipates an aerosol provision device) (¶[0058], Fig. 8) comprising: a heating assembly including:
an induction coil (20) for generating a changing (e.g., varying) magnetic field (¶[0043], Fig. 2);
a tubular support (10) having a hollow interior configured as a chamber (11) (anticipates a heating chamber) for receiving a smokable material such as a cigarette. This anticipates at least a portion of an article comprising aerosolizable material of claims 1 and 20; anticipates the removable article of claim 19) (¶[0042], Fig. 2);
a second part (14) (anticipates the base of claims 1 and 20) below the partition (12), wherein the second part (14) is configured to install and fix functional components such as the temperature sensor and susceptor (30) (¶[0049], Fig. 5);
a susceptor (30) (anticipates the heating element of claims 1 and 20) which can be penetrated by the changing magnetic field to generate heat (anticipates heatable by the induction coil of claim 1), thereby heating the smokeable material received in the chamber (11) (anticipates the heating element being configured to heat a portion of the article received in the heating chamber and extends at least partially along the axial direction of the chamber (11) (anticipates protruding into the heating chamber from the base and defining an axis of claims 1 and 20) (¶[0044-0045], Fig. 2); and
a temperature sensor (40) that is confined and fixed in the receiving space (34) to fit closely with the susceptor (30), thereby preventing inaccurate temperature detection results. This anticipates sensing a temperature of the heating element, wherein the temperature sensor is positioned in thermal contact with the heating element in the base of the heating assembly and separated from the heating chamber) (¶[0051], Fig. 2). The receiving space (34) is configured as an installation space for installing the temperature sensor (40) (¶[0051], Fig. 2). Li further discloses notch (15) provided on the tubular support (10) for the temperature sensor (40) conductive pin (42) to pass through from the inside to the outside (¶[0053], Fig. 3). The installation space (34) in conjunction with notch (15) anticipates a sensor channel in the base, the sensor channel receiving the temperature sensor of claims 1 and 20. The installation space (34) with notch (15) is separated from the chamber (11) and is fluidly separated from the chamber (11) (annotated Fig. 3, Fig. 2). This anticipates the sensor channel is separated and fluidly isolated from the heating chamber of claims 1 and 20.
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Regarding claim 6, Li discloses the installation space (34) with notch (15) is radially offset from the axis of the susceptor (31) (annotated Fig. 3, Fig. 2).
Regarding claim 7, Li discloses the installation space (34) with notch (15) extends radially into the base from an outer surface of the heater assembly) (annotated Fig. 3).
Regarding claim 8, Li discloses the notch (15) extends axially into the second part (14) from an outer surface of the tubular support (10) (annotated Fig. 3).
Regarding claim 14, Li discloses the susceptor (30) further includes the connection portion (33) from the base portion (32) toward the chamber (11) facilitates the assembly of the susceptor (30). The base portion (32) and connection portion (33) read over an anchoring portion. The installation space (34) intersects with the base portion (32) and the connection portion (33) as best shown in Fig. 6. This reads over intersecting limitation of the claim.
Regarding claim 15, Li discloses the connecting portion (33) and the heating portion (31) are located on the same side of the base portion (32); thus, the susceptor (30) forms a receiving space (34) located between the connecting portion (33) and the heating portion (31); and further as shown in Fig. 2, the receiving space (34) is configured as an installation space for installing the temperature sensor (40), so that the temperature sensor (40) can be better confined and fixed in the receiving space (34) and fits closely with the susceptor (30) (¶[0051], Fig. 2). This reads over the temperature sensor is in thermal contact with the susceptor anchoring portion.
Regarding claim 18, Li discloses the susceptor (30) has the flexibility of convenient fixed installation, replacement, and cleaning (¶[0046]) which anticipates the heater assembly is removably secured in a device housing.
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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN211482972U, provided on IDS dated 04/07/2023, Espacenet Machine Translation relied upon) as applied to claim 1 above, in view of Zhang (CN111418910A, provided on IDS dated 04/07/2023, Espacenet Machine Translation relied upon).
Li discloses all the claim limitations as set forth above.
Regarding claim 17, Li does not explicitly disclose two inductive coils which are separately energizable.
Zhang teaches an aerosol generating device, aerosol generating system and aerosol generating method (title); the aerosol generating device comprising a housing (not shown) having a housing cavity, a magnetic force generating component (211, 212) (induction coil) for generating a varying magnetic field) received in the housing cavity for generating magnetic force (a varying magnetic field); a magnetic induction heating component (22) for inducing magnetic force from the magnetic force generating component (211, 212) to generate heat; a temperature measuring component for measuring the heating temperature of the heating component (22) (¶[0052], Fig. 3).
Zhang teaches in one embodiment; the number of annular coils (211) (reads over inductive coils) is at least two (¶[0095]); all the annular coils (211) are connected in series and the high-frequency oscillation power supply can independently provide power to each annular coil (211) (reads over independently energizable) (¶[0096]). Zhang further teaches by changing the number annual coils (211) that are in operation, the heating temperature of the magnetic induction component (22) can be changed and increasing the number of annual coils (211) that are in operation can increase the heating temperature of the magnetic induction heating component (22) (¶[0097]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Li with at least two annular coils that can be independently provided power by a high-frequency oscillation power supply as taught by Xia such that by changing the number of annual coils that in are operation, the heating temperature of the magnetic induction component (the susceptor of Li) can be changed. One of ordinary skill in the art would have a reasonable expectation of success in the above modification as changing the number of annular (inductive) coils in operation changes the amount of heat generated by the magnetic induction component thereby changing the amount of heating of transferred to the smokeable material changes the amount of aerosol (smoke) formed for the users to inhale.
Claims 9-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN211482972U, provided on IDS dated 04/07/2023, Espacenet Machine Translation relied upon) as applied to claim 1 above, in view of Xiao (CN111345519A, provided on IDS dated 04/07/2023, Espacenet Machine Translation relied upon).
Li discloses all the claim limitations as set forth above.
Regarding claims 9, 12, and 16, Li does not explicitly disclose an air passage in the base (claim 9); an axis of the air passage is offset from the axis of the heating element (claim 12); and a device air passage extending from an opening in a distal end of the device housing and to the heater assembly.
Xiao teaches an electric heating smoking device (title); the electric heating smoking (suction) device (100) comprising an upper cavity (10) (reads over a device housing of claim 16) provided with an airway (11) and a receiving cavity (12), an induction coil (20), a heating workpiece (20) (heating assembly), a lower cavity (40), a temperature sensor (50), and a circuit board (60) (¶[0036], Fig. 1). During use, solid tobacco material is placed in the passage (11) (e.g., the heating chamber of Xiao) of the upper cavity (10) and the heating body (31) of the heating workpiece (30) is extended into the solid tobacco material which will produce smoke when baked at low temperature for the user to inhale. The lower cavity (40) (best shown on Fig. 1) is provided with a base (41) with a receiving space (44) (provided in the middle of the base (44) (best shown on Figs. 5, 6) (¶[0036]).
The base (41) is provided with a first air flow groove (411) and a second air flow groove (434) (¶[0047], Figs. 5, 6). The upper cavity (10) is provided with an air inlet hole (13), and the air inlet hole (13) is connected to the first air flow groove (411). The air flows from the air inlet hole (13) (reads over an opening) through the first air flow groove (411) through the second air flow groove (434) (reads over) into the air passage (11) of the upper cavity (10) (¶[0047], Figs. 5, 6). This reads over an air passage in the base in communication with the heating chamber of claim 9 and reads over a device air passage extending from an opening in a distal end of the device housing and to the heater assembly of claim 16. Air flow groove (434) is close to the boss (433), the air flow passes through the boss (433) and flows to the cigarette to the user’s mouth; the air flow is smooth, and the aroma of the flue-cured tobacco flows well into the user’s mouth, thereby improving the user experience (¶[0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Li with an airflow passage from an air inlet hole through the base of Li as taught by Xiao which discharges the airflow into the heating chamber (11) of Li into a cigarette in a smooth air flow, whereby the aroma of flue-cured tobacco flows well into the user’s mouth, thereby improving the user experience. This reads over claims 9 and 16.
Xiao further teaches in Fig. 5 the first air flow groove (411) axis and the second air flow groove (434) axis are positioned radially outward from the positioning groove (438). As shown in Fig. 2, the heating workpiece (30) and the receiving groove (431) have the same axis. The receiving groove (431) and the positioning groove (438) have the same axis (¶[0047]) therefore, the first air flow groove (411) axis and the second air flow groove (434) axis are positioned radially outward from the axis of the heating workpiece (30) axis. This reads over an axis of the air passage is offset from the axis of the heating element.
It would further have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the invention of Li modified with the airflow passage through the base of Li as taught by Xiao results in an axis of the air passage positioned radially outward from the axis of the heating workpiece (the susceptor of Li). This reads over claim 12.
Regarding claims 10 and 11, Li does not explicitly disclose the sensor channel is separated from the air passage (claim 10); the sensor channel is fluidly isolated from the air passage (claim 11).
Xiao teaches a temperature sensor (50) which can control the temperature of the heating workpiece (30), so that the solid tobacco material inserted into the air duct (11) is not easily burnt, and there will be no burnt smell, and there will be no astringent taste due to insufficient heating caused by insufficient temperature, which greatly improves the user experience (¶[0039)]; the first end (51) of the temperature sensor (50) extends into the receiving groove (431) (sensor channel) and is connected to the heating workpiece (30) (¶[0036]). The receiving groove (431) located apart (reads over separated) from the air passage formed by the first air flow groove (411) and the second air flow groove (434) as discussed in the rejection of claim 9 above.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the invention of Li modified by Xiao results in the receiving groove (the sensor channel of Xiao) being separated from the air passage. One of ordinary skill in the art would have a reasonable expectation of success in this modification as the susceptor of Li which is received in the sensor channel could potentially give inaccurate (i.e., insufficient) susceptor temperature measurements resulting in inefficient control of the heating workpiece (the susceptor of Li) due to the cooling effect of air flow passing over and around the temperature sensor if the sensor channel were exposed to the air passage. This reads over claim 10.
Further, one of ordinary skill in the art would recognize the sensor channel separated from the air passage of modified Li must also be isolated from air flowing in the air passage in order for the temperature sensor of modified Xiao to efficiently control the temperature of the heating workpiece as taught by Xiao so that the solid tobacco material inserted into the air duct (the heating chamber of Li) is not easily burnt, and there will be no burnt smell, and there will be no astringent taste due to insufficient heating caused by insufficient temperature, which greatly improves the user experience. This reads over claim 11.
Regarding claim 13, modified Li teaches air flow groove (434) is close to the boss (433) on the first protruding portion (43); the air flows through the first air flow groove (411) into the receiving space (44), then from the receiving space (44) through the second air flow groove (434) into the air passage (11) of the upper cavity (10) presenting a large smoke effect (Xiao ¶[0047], Fig. 5, 6). This reads over the air passage is a single passage extending through the base.
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
/KATHERINE A WILL/Primary Examiner, Art Unit 1747