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 3/13/2026 has been entered and fully considered. Claims 1-24, 26 and 27 are cancelled. Claims 25 and 28-41 are pending. Claims 28-41 are new. No new matter is added.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 3/13/2026, with respect to the rejection(s) of claim(s) 25 under the previously cited art 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 Therefore, the rejection has been withdrawn.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 the previously cited art.
Applicant notes that claim 25 was indicated as allowable. Claims 28-41 are newly added claims that depend from claim 25, and are therefore allowable.
Examiner notes that the claimed “article for use” was previously interpreted as the aerosolizable material (See claim 28). However, a further review of the instant specification reveals that this interpretation was too narrow. Instant published paragraph [0120] identifies the “article for use” as an aerosol generating material (commensurate in scope with claim 28), an aerosol generating component, an aerosol generating area, a mouthpiece or an area for receiving aerosol generating material. Thus, the heating zone of AOUN et al. meets the scope of “article for use” identified in claim 25.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 29 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 29 recites the limitation "the aerosolisable material" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, claim 29 will be examined as if depending from claim 28.
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) 25 and 30-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over GILL (US 2022/0211109) in view of FUJIWARA et al. (JP 2009-164012, machine translation) and AOUN et al. (US 2021/0137167).
With respect to claim 25, GILL discloses an aerosol generating system (Abstract) comprising a device housing (Figure 1); at least one planar inductor coil (Abstract; Paragraphs [0015]-[0017]) and a power supply connected to the planar inductor coils (Paragraphs [0066], [0071]), configured to provide an alternating (e.g., oscillating) current to the coils (Paragraph [0071]).
GILL does not explicitly disclose that the planar inductor coils are non-spiral. FUJIWARA et al. disclosers an induction heating coil that is compact and high performance. (Problem to be solved). The induction coil comprises a plurality of strip-shaped insulators and a plurality of strip-shaped conductors that are alternately laminated to form a laminated body (e.g., non-spiral inductor coil) (Paragraphs [0006]-[0010]). Such an arraignment of the coil reduces the skin and proximity effect, as well as other improvements (Paragraphs [0012] and [0013]; Figures 4-7).
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 a planar non-spiraled inductor coil as taught by FUJIWARA et al. in place of each planar spiraled inductor coils of GILL so that a compact and high performing heating inductor coil can be obtained.
While GILL discloses flat inductor plates on the side of the heating zone, it is not disclosed to have the heating zone (e.g., article for use with a non-combustion aerosol provisioning device; See instant published paragraph [0120]) configured to receive the aerosol generating article by extending the heating zone through the planar coil. AOUN et al. discloses an inductor coil arrangement (Abstract) for heating a smokable material. The heating zone extends through apertures, 13, of plate inductor coils (Paragraphs [0053]-[0056]; Figures 1-3) so that the smokable material is received through the apertures and through planes of respective inductor coil plates and susceptors (Paragraphs [0067]-[0071]). This allows corresponding sections of the aerosol material to be heated as desired (Paragraphs [0077], [0078]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to arrange the inductor coil plates of GILL in the manner taught by AOUN et al., so that the heating zone and extends through the plane of the inductor plates, with the aerosol generating article therein, so that various portions of the aerosol generating article can be heated as desired.
With respect to claim 30¸ AOUN et al. disclose that the coils are square (Paragraph [0008]).
With respect to claim 31, AOUN et al. discloses that the inductor is substantially rectangular (Paragraph [0008]).
With respect to claim 32, AOUN et al. shows that the inductor coil comprises a plurality of mandrel loops arranged in a multilayer configuration (Figure 3).
With respect to claim 33, FUJIWARA et al. shows that the coil includes at least one mandrel loop, of single turn coils (Figure 4; Paragraph [0016]).
With respect to claim 34, FUJIWARA et al. shows that the loop includes three turn coils (Figure 10; items 26).
With respect to claims 35-37, GILL discloses that each inductor coil is configured to generated a varying magnetic field independently of each other (paragraphs [0003], [0027]), which then heat the susceptors (Paragraph [0027]).
With respect to claims 38-41, AOUN et al. discloses that the susceptors and inductors are adapted to heat but not burn the aerosolizable material (Paragraphs [0067] and [0080]).
Allowable Subject Matter
Claim 28 and 29 is objected to for depending from a rejected claim.
The following is a statement of reasons for the indication of allowable subject matter: The cited art teaches a non-coiled planar inductor coil (See rejection of claim 25) that is placed within the device. However, the art does not teach or suggest the same coil and an inductor within the aerosol generating article, per se. .
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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