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 3/3/2026 has been entered and fully considered. Claims 1, 2, 4, 7-12, 15-21, 25, 27 and 31 are pending. Claims 3, 5, 6, 13, 14, 22-24, 26 and 28-30 are cancelled. Claims 10 and 27 are amended. No new matter is added.
Response to Arguments
Applicant's arguments filed 3/3/2026 have been fully considered but they are not persuasive.
Applicant argues that claim 1 has been amended to recite features of previously pending claim 3. Claim 1 has further been amended to specify that the straights extend in a longitudinal direction of the heating zone.
Examiner notes that claim 1 has not been amended to include limitations recited in previously pending claim 3. Nor does claim 1 contain any additional amendments. Claim 1 appears to remain unchanged from claim 1 outlined in the claim set filed 2/12/2024.
The rejections of claims 10 and 27 have been overcome by the amendments.
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 4 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 4 is rejected for depending from claim 3 which has been cancelled. Claim 4 will be examined as if depending from claim 1.
Claim 4 is further rejected for lacking antecedent basis for “adjacent straights”.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 7, 11, 17-19, 25 and 31 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LIM (US 2022/0408812).
With respect to claim 1, LIM discloses an aerosol generating device, 10000, (Paragraphs [0042]-[0044]) for heating an aerosol-generating material to volatilize at least one component of the aerosol generating material (Paragraphs [0046], [0058]), such as a flavoring component. The device comprises a heating zone, within heater, 13000 (Paragraphs [0045]-[0046], [0131]; Figure 2, 3 and 12) and a heater, 13000. The heater comprises a flexible substrate, 510 (e.g., structure) (Paragraphs [0084]-[0085]; Figure 5) on which is formed a heating element, 520, formed of a continuous electrically conductive track path, 521 (Paragraphs [0086]-[0093], [0105]; Figures 5 and 8). The heater performs a function of heating the heating zone by resistive heating (Paragraph [0052]). The conductive path extends along at least two distinct portions of the structure (See annotated figure 5, below) with the at least two distinct portions of the structure offset from each other by a gap which is substantially free of the conductive path (See annotated figure 5, below) and the conductive path comprises a multiplicity of turns (Paragraph [0086]) .
[AltContent: textbox (Only the interconnecting portion cross gap)][AltContent: arrow][AltContent: textbox (Second distinct portion)][AltContent: textbox (First distinct portion )][AltContent: oval][AltContent: oval][AltContent: textbox (Gap substantially free of conductive path and demarking two distinct portions of the structure )][AltContent: ]
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Instant published paragraph [0162] describes “substantially free” as includes a gap wherein only a portion of a first stack that interconnects the distinct portions of the substrate exists in the gap. As seen in annotated figure 5, above, only a portion of the track that interconnects the distinct portions exists in the gap. Thus, LIM meets the claimed scope of “substantially free”.
With respect to claim 2, the conductive pattern within each zone comprise an edge to edge length of a straight includes a length. Specifically, the outside edge to the inside edge of a single line within a section, which is closer together than an outside edge to an outside edge between the two distinct portions.
[AltContent: textbox (Outside edge to outside edge between the two distinct portions)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Outside edge to inside edge of one of the conductive path within a distinct portion )][AltContent: arrow][AltContent: arrow]
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With respect to claim 4, LIM shows that the at least one continuously electrically conductive path comprises a multiplicity of straights within each of the at least two distinct portions and each straight of the multiplicity is interconnected by two turns (See annotated figure 5, below; showing one section, but both sections have the same features).
[AltContent: textbox (Each strait has a turn on its respective end)][AltContent: arrow][AltContent: arrow][AltContent: oval][AltContent: oval][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Each strait is connected by two turns)]
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LIM shows that the adjacent straights are spaced apart from each other by a spacing that is smaller in size than the gap.
[AltContent: textbox (Size of gap in same direction as spacing)][AltContent: ][AltContent: ][AltContent: textbox (Spacing between straights)][AltContent: ]
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With respect to claim 7, LIM shows that the gap extends to at least one turn in the multiplicity of turns within each of the two distinct portions (See annotated figure 5, below).
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With respect to claim 11, LIM shows that the conductive path comprises a connection portion that extends across the gap to connect the at least two distinct portions (See annotated figure 5, below)
[AltContent: textbox (Connection portion)][AltContent: arrow][AltContent: oval]
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With respect to claim 17, LIM shows that the conductive path comprises a first portion and a second portion that extends to and cross different respective sides of the two distinctive portions (See annotated figure 5, below).
[AltContent: textbox (Second portion extending across first distinct portion )][AltContent: textbox (Second portion extending across first distinct portion )][AltContent: arrow][AltContent: textbox (Only the interconnecting portion cross gap)][AltContent: arrow][AltContent: textbox (Second distinct portion)][AltContent: textbox (First portion that extends to first distinct portion )][AltContent: textbox (First portion that extends to first distinct portion )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (First distinct portion )][AltContent: oval][AltContent: oval][AltContent: textbox (Gap substantially free of conductive path and demarking two distinct portions of the structure )][AltContent: ]
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With respect to claim 18, LIM shows that a number of turns per unit length of the at least one continuous electrically conductive path within one of the at least two distinct portions of the structure is different in one region of the at least two distinct portions of the structure compared to another region of the at least two distinct portions of the structure (See annotated figure 5, below).
[AltContent: textbox (More turns in this region)][AltContent: ][AltContent: textbox (Second distinct portion)][AltContent: textbox (First distinct portion )][AltContent: textbox (Fewer turns in this region )][AltContent: ][AltContent: oval][AltContent: oval][AltContent: textbox (Gap substantially free of conductive path and demarking two distinct portions of the structure )][AltContent: ]
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With respect to claim 19, LIM shows the multiplicity of turns within each of the at least one continuous electrically conductive path form respective arrays of rows within the at least two distinct portions of the structure and columns within the at least two distinct portions of the structure (See annotated figure 5, below).
[AltContent: textbox (Second column)][AltContent: textbox (First column)][AltContent: ][AltContent: ][AltContent: textbox (Array of rows)][AltContent: textbox (Array of row)][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector]
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With respect to claim 25, LIM discloses that the structure is an electrically insulating substrate (Paragraph [0084]) and the conductive track is formed on the electrically insulating substrate (Paragraphs [0109], [0110]).
With respect to claim 31, LIM discloses an aerosol generating device (Abstract; Title) comprising the assembly of claim 1 (See rejection of claim 1) and a cigarette, 20000, (e.g. consumable) inserted into the heating zone, at 13000, (Figures 2 and 3) of the assembly of the aerosol generating device (Paragraphs [0002], [0041]-[0043], [0046], [0131]).
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.
Claim(s) 8 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIM (US 2022/0408812) in view of BOWEN et al. (US 2020/0037669).
With respect to claim 8, LIM discloses that the structure is rolled (Paragraph [0131]) to form the heating zone, with the distinct portions being arranged around the circumference of the heating zone (Figure 12), but not necessarily along the longitudinal direction of the heating zone.
BOWEN et al. discloses a heat not burn vaporizer (Abstract; Title) comprising a flexible heater that is wrapped around the vaporizable material (Paragraphs [0019], [0068]). The heater comprises a plurality of series heaters positioned in parallel (Paragraph [0009]; Figure 2C and 2C) along the contacts. The heater can achieve the optimal heating range at a rate that allows the user to have an enjoyable experience by not having to wait a long time for the heating element to reach temperature (Paragraph [0040]). As seen in figure 2D of BOWEN et al. the heater comprises a heating unit that comprises a plurality of laterally placed distinct heater traces, and then these unites are then longitudinally repeated. 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 plurality of series heaters positioned in parallel between the electrode portions of LIM, as taught by BOWEN et al. so that the heater can achieve the optimal heating range at a rate that allows the user to have an enjoyable experience by not having to wait a long time for the heating element to reach temperature.
[AltContent: textbox (Plurality of said heaters disposed offset longitudinally with respect to the heating chamber)][AltContent: ][AltContent: ][AltContent: ][AltContent: ][AltContent: ][AltContent: textbox (Laterally disposed distinct portions equivalent to the electrically conductive paths within distinct portions of the heater of LIM, wrapped circumferentially about heating zone)][AltContent: ][AltContent: ][AltContent: ]
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With respect to claim 21, LIM does not explicitly disclose a plurality of said electrically conductively paths as claimed. BOWEN et al. discloses a heat not burn vaporizer (Abstract; Title) comprising a flexible heater that is wrapped around the vaporizable material (Paragraphs [0019], [0068]). The heater comprises a plurality of series heaters positioned in parallel (Paragraph [0009]; Figure 2C and 2C) along the contacts (e.g., a plurality of continuous electrically conducting paths of LIM). The heater can achieve the optimal heating range at a rate that allows the user to have an enjoyable experience by not having to wait a long time for the heating element to reach temperature (Paragraph [0040]). As seen in figure 2D of BOWEN et al. the heater comprises a heating unit that comprises a plurality of laterally and longitudinally placed distinct heater traces, and then these unites are then longitudinally repeated, with a gap offsetting free of the continuous paths. 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 plurality of series heaters positioned in parallel between the electrode portions of LIM, as taught by BOWEN et al. so that the heater can achieve the optimal heating range at a rate that allows the user to have an enjoyable experience by not having to wait a long time for the heating element to reach temperature.
[AltContent: textbox (Second region)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First region)][AltContent: textbox (First and second regions offset from each other from the continuous electrically conducting paths)][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector]
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It is noted that the continuous paths are the part of the heater between the electrical contacts.
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Claim(s) 9, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIM (US 2022/0408812) in view of REEVELL (US 2021/0378318).
With respect to claim 9, LIM does not explicitly discloses that a first width of the at least one conductive path within at least one turn of the multiplicity is greater than a second width outside of said turn.
REEVELL discloses a heater for a vaporizer (Abstract) wherein the heater comprises traces between leads, 603 and 605 (Figure 6; Paragraphs [0115]-[0117]). The turns of the path, 610, have a greater cross section (E.g., greater in width) than the linear portions (e.g. greater width than the portion outside of the curves (Paragraph [0057]) which reduces the likelihood of hot spots in the heating element (Paragraphs [0118] and [0058]). 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 greater width in the curved portions of the conductive path of LIM, relative to the linear portions, as taught by REEVELL, so that the likelihood of hotspots in the heater can be reduced.
With respect to claim 15, LIM does not explicitly disclose that the turns comprise a 180 degree turn.
REEVELL discloses a heater for a vaporizer (Abstract) wherein the heater comprises traces between leads, 603 and 605 (Figure 6; Paragraphs [0115]-[0117]). The linear portions are parallel to the support elements (Paragraphs [0053]-[0057]; Figure 6) with the curved portions being semi-circular (Paragraph [0057]). Merriam-Webster dictionary defines “semicircle” as being half of a circle. Thus, with the turns being half a circle and the linear paths all being parallel to a single linear line, the turns are implicitly 180 degrees.
The turns of the path, 610, have a greater cross section (E.g., greater in width) than the linear portions (e.g. greater width than the portion outside of the curves (Paragraph [0057]) which reduces the likelihood of hot spots in the heating element (Paragraphs [0118] and [0058]). 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 greater width in the curved portions of the conductive path of LIM, relative to the linear portions, as taught by REEVELL, so that the likelihood of hotspots in the heater can be reduced.
With respect to claim 16, LIM does not explicitly disclose that the turns comprise a semicircle.
REEVELL discloses a heater for a vaporizer (Abstract) wherein the heater comprises traces between leads, 603 and 605 (Figure 6; Paragraphs [0115]-[0117]). The linear portions are parallel to the support elements (Paragraphs [0053]-[0057]; Figure 6) with the curved portions being semi-circular (Paragraph [0057]).
The turns of the path, 610, have a greater cross section (E.g., greater in width) than the linear portions (e.g. greater width than the portion outside of the curves (Paragraph [0057]) which reduces the likelihood of hot spots in the heating element (Paragraphs [0118] and [0058]). 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 greater width in the curved portions of the conductive path of LIM, relative to the linear portions, as taught by REEVELL, so that the likelihood of hotspots in the heater can be reduced.
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Claim(s) 12 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIM (US 2022/0408812) in view of REEVELL et al. (US 2022/0312843).
With respect to claim 12, LIM does not explicitly disclose that the connection portion comprises a multiplicity of turns.
REEVELL discloses a thin film heater (Abstract). The heater track is shaped so as to provide substantially uniform heating over the heating areas (Paragraphs [0062], [0063]; Figures 1 and 2). As seen in figure 1 (annotated below) the connection portion has a turn of the multiplicity.
[AltContent: textbox (Connection portion turns)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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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 at least one of the multiplicity of turns in the connection portion of LIM, as taught by REEVELL et al., so as to provide substantially uniform heating over the heating areas.
With respect to claim 20, LIM discloses that the structure is an electrically insulating element and the conductive wire is formed thereon (Paragraphs [0084], [0109], [0110], [0111]). LIM does not explicitly disclose that the wire is encapsulated by an electrically insulating element.
REEVELL et al. REEVELL discloses a thin film heater (Abstract). The heater track is shaped so as to provide substantially uniform heating over the heating areas (Paragraphs [0062], [0063]; Figures 1 and 2). The conductive wire is then sealed within an electrically insulating envelope by providing a second flexible electrically insulating film on the conductive path (Paragraph [0063]; Figure 2). 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 second electrically insulating substrate over the conductive path of LIM, as taught by REEVELL et al. so that the electrically conductive path is sealed (e.g., encapsulated) and protected from environmental conditions.
Allowable Subject Matter
Claims 10 and 27 are allowed
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 10, the art does not disclose a stress-relief feature comprising a first turn in a first direction followed by a second turn in a second direction; wherein a length of the at least one continuous electrically conductive path between the first turn and the second turn is less than a length of one of the first turn or the second turn, per se.
With respect to claim 27, the art does not explicitly disclose a layered heater wherein each of the first path, the second path, the third path, and the fourth path extends along at least two distinct portions of the respective structure in a respective first region, a second region, a third region, and a fourth region; and wherein each of the first region and the second region on the first structure layer overlaps at least one of the third region and the fourth region on the second structure layer, per se.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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