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 .
Claim Rejections - 35 USC § 102
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) 19-22, 24-27, 34-35, 37-39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MITSUI et al. (WO 2020/084758, wherein EP 3871535 has been used as an English language equivalent).
Mitsui teaches a heater assembly for an aerosol-generating device comprising a heating chamber (42) configured to heat an aerosol-forming substrate; a heater casing (45) arranged around the heating chamber, wherein the heater casing is arranged radially distanced from the heating chamber; a first connecting wall and a second connecting wall (47); and an air-tight hollow space (54, para. 0020) defined between the heating chamber, the heater casing, and the first and the second connecting walls (see figure 4), wherein the air-tight hollow space is filled with a gaseous composition at ambient pressure (para. 0015, 0021), wherein a heating element (43) is arranged at least partly around the heating chamber (42). Figure 4 shows the heating element (43) is arranged between the heating chamber (42) and the heater casing (45), and the first and the second connecting walls (47) sealingly connect the heater casing with an outer wall (48, 50) of the heating chamber.
Regarding claim 20, Mitsui teaches a distance between the heating chamber and the heater casing is 2 to 5 mm (para. 0013), which falls into the claimed range of between 2.5 millimeters and 7 millimeters.
Regarding claim 21, Mitsui teaches a distance between the heating chamber and the heater casing is 2 to 5 mm (para. 0013), which overlaps with the claimed range of between 3.5 millimeters and 6 millimeters.
Regarding claim 22, Mitsui teaches the air-tight hollow space is filled with ambient air (para. 0015).
Regarding claim 24, figure 4 shows the first and the second connecting walls (47) are oriented perpendicular to a longitudinal axis of the heating chamber (42).
Regarding claim 25, figure 4 shows the heating chamber (42) has an elongate shape.
Regarding claim 26, figure 4 shows the heating chamber (42) is a hollow tube.
Regarding claim 27, figure 4 shows the heating chamber comprises a central region comprising a heating element (43), a proximal region, and a distal region, wherein the proximal region and the distal region are distanced from the heating element in a longitudinal direction, and wherein the first and the second connecting walls contact the heating chamber in the proximal and the distal regions, respectively.
Regarding claim 34, Mitsui teaches that the first and the second connecting walls (47) have a thickness of from 0.3 to 2.0 mm (para. 0019) which falls into the claimed range of less than 2 millimeters.
Regarding claim 35, Mitsui teaches the first and the second connecting walls comprise a plastic material (para. 0016, 0029).
Regarding claim 37, figure 2 shows an aerosol-generating device comprising the heater assembly (40).
Regarding claim 38, figure 1B shows an aerosol-generating system (10) comprising the aerosol- generating device and an aerosol-forming substrate (110) configured to be at least partly inserted into the heating chamber.
Regarding claim 39, figure 1B shows an aerosol-generating article (110) comprising the aerosol- forming substrate, wherein the aerosol-generating article is configured to be at least partly inserted into the heating 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) 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over MITSUI et al. (WO 2020/084758, wherein EP 3871535 has been used as an English language equivalent) in view of KIM et al. (US 2020/0281273).
Mitsui teaches a heater assembly for an aerosol-generating device. Mitsui is silent to the heating element being one or more electrically conductive tracks on an electrically insulating substrate.
Kim teaches a heater assembly for an aerosol-generating device. Kim teaches that the heater assembly comprises one or more electrically conductive tracks on an electrically insulating substrate (para. 0017). Kim teaches the heating element is flexible (para. 0017) and is wrapped around the heating chamber (see figure 5), and wherein the heating element (420) is arranged between the heating chamber (410) and a heater casing (510). It would have been obvious to one of ordinary skill in the art to try the heating element of Kim in the heater assembly of Mitsui because Mitsui teaches that the heating element may be fixed onto the heating chamber by a heat shrinkable tube (para. 0014) and Kim teaches the heating element may be fixed onto the heating chamber by a heat shrinkable tube (para. 0072).
Claim(s) 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over MITSUI et al. (WO 2020/084758, wherein EP 3871535 has been used as an English language equivalent) in view of CAPELLI et al. (US 2022/0225668).
Mitsui teaches a heater assembly for an aerosol-generating device. Mitsui is silent to a ratio of an external diameter of the heater casing to an external diameter of the heating chamber.
Cappelli teaches a heater assembly for an aerosol-generating device, comprising a heating chamber (110) configured to heat an aerosol-forming substrate (10); a heater casing (103) arranged around the heating chamber, wherein the heater casing is arranged radially distanced from the heating chamber (see figure 3); and wherein a heating element (1600 in figure 16) is arranged at least partly around the heating chamber.
Cappelli teaches a distance between the heating chamber and the heater casing is between 0.5 mm and 5 mm (para. 0035). Cappelli teaches a ratio of an external diameter of the heater casing to an external diameter of the heating chamber is between 1.15 and 2.8 (para. 0034) which overlaps with the claimed range of between 2 and 3.5. It would have been obvious to one of ordinary skill in the art to try the range suggested by Cappelli in the heater assembly of Mitsui because Mitsui teaches a distance between the heating chamber and the heater casing is 2 to 5 mm (para. 0013) which is comparable to the distance between the heating chamber and the heater casing of between 0.5 mm and 5 mm taught by Cappelli (para. 0035).
Regarding claim 31, Cappelli teaches the diameter of the heating chamber is substantially equal to the diameter of the article (para. 0032) and that the diameter of the article is approximately 7 mm (para. 0049). It would have been obvious to one of ordinary skill in the art to use the heating chamber diameter taught by Cappelli in the heating assembly of Mitsui because Mitsui teaches a distance between the heating chamber and the heater casing is 2 to 5 mm (para. 0013) which is comparable to the distance between the heating chamber and the heater casing of between 0.5 mm and 5 mm taught by Cappelli (para. 0035).
Since, Mitsui teaches a distance between the heating chamber and the heater casing is 2 to 5 mm (para. 0013), the external diameter of the heater casing with a heating chamber of 7 mm would be between 9 and 12 mm, which overlaps with the claimed range of between 12 millimeters and 20 millimeters.
Claim(s) 32-33, 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over MITSUI et al. (WO 2020/084758, wherein EP 3871535 has been used as an English language equivalent) in view of PAPROCKI et al. (US 2016/0255879).
Mitsui teaches a heater assembly for an aerosol-generating device. Mitsui is silent to an inner side of a wall of the heater casing comprising a metal coating.
Paprocki teaches a heater assembly for an aerosol-generating device, comprising a heating chamber (12) configured to heat an aerosol-forming substrate (5); a heater casing (11) arranged around the heating chamber, wherein the heater casing is arranged radially distanced from the heating chamber (see figure 4); a first connecting wall (13) and a second connecting wall (14); and an air-tight hollow space defined between the heating chamber, the heater casing, and the first and the second connecting walls (para. 0054), wherein the air-tight hollow space is filled with a gaseous composition at ambient pressure (para. 0054), and wherein a heating element (20) is arranged at least partly around the heating chamber.
Regarding claim 32, Paprocki teaches an inner side of a wall of the heater casing comprises a metal coating (para. 0054). It would have been obvious to one of ordinary skill in the art to modify the heating assembly of Mitsui with the metal coating of Paprocki because Paprocki teaches that this provides the advantage of improving the heat reflecting and insulating properties of the heater casing (para. 0054).
Regarding claim 33, Mitsui teaches a wall of the heating chamber comprises stainless steel (para. 0013).
Regarding claim 36, Paprocki teaches one or more of a wall of the heater casing and the first and the second connecting walls comprise a plastic material (para. 0054) and that the plastic material is a polyether ether ketone (PEEK) (para. 0054). It would have been obvious to one of ordinary skill in the art to modify the heating assembly of Mitsui with the PEEK material of Paprocki because Paprocki teaches that this material is advantageous and provides the property of being rigid to provide structural stability for components mounted therein (para. 0054).
Response to Arguments
Applicant's arguments filed November 26, 2025 have been fully considered but they are not persuasive.
Applicant argues on pages 7-9 that Paprocki and Liu do not teach limitation of the first and second connecting walls sealingly connecting the heater casing to the heating chamber or that the heating element is arranged between the heating chamber and the heater casing; however, the claims have now been rejected over Mitsui to teach these amended limitations.
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.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741