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 .
Election/Restrictions
Applicant’s arguments of 1/23/26 are persuasive and the restriction requirement has been withdrawn.
As such, claims 20-47 are currently active and pending.
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)(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 20-24, 27-29, 36, 37, and 40-41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han et al. (US 2020/0154768).
Regarding claims 20, 22, and 29, Han teaches an aerosol-generating device (Han para 12), comprising: an aerosol-generating device body (Han para 13, casing) and a heater assembly coupled to the aerosol-generating device body (Han para 13, heater), wherein the heater assembly comprises a heating element (Han para 13) configured to penetrate an aerosol-generating article (Han para 99) and to rotate relative to a heating element mount (Han para 104, item 140, rotating member) of the aerosol-generating device (Han para 13); and a rotation resistance mechanism (Han para 93, items 70 and 11) configured to resist rotation of the heating element in a first direction relative to the heating element mount (Han para 93, spring provides resistance), limit rotation of the heating element in the first direction relative to the heating element mount up to a threshold torque applied to the heating element (Han para 93, 94 requires force (torque) to overcome the resistance of the spring), and allow further rotation of the heating element when a torque applied to the heating element exceeds the threshold torque (Han para 93, 94 requires force (torque) to overcome the resistance of the spring, more force allows more rotation). Han further teaches the heater assembly is releasably couplable to the aerosol-generating device body (Han para 77-79, that the heater assembly is coupled to the main body means that it is also releasably coupled as it is not permanent).
Regarding claims 21, 23, 36, and 37, Han teaches the aerosol-generating device as above for claim 22, wherein the rotation resistance mechanism is further configured to resist rotation of the heating element in a second direction), opposite to the first direction, relative to the heating element mount (Han para 81-82 , figure 6, items 11, specifically the one on the lower side. The spring will only compress to that point. Additionally Han teaches the rotation may be clockwise and thus counterclockwise to return to the original position).
Regarding claim 24, Han teaches the aerosol-generating device as above for claim 22, wherein the heater assembly further comprises a rotary electrical interface (Han para 68) and the aerosol-generating device body comprises a power supply (Han para 68, electricity supplying device) and a second rotary electrical interface corresponding to the rotary electrical interface (Han para 69 and 71), the rotary electrical interface and the second rotary electrical interface together forming a rotary electrical connection configured to connect the heating element to the power supply (Han para 71).
Regarding claim 27, Han teaches the aerosol-generating device according to claim 22, wherein the aerosol-generating device body (Han item 10, casing) comprises at least a portion of the rotation resistance mechanism (Han para 57, item 11).
Regarding claim 28, Han teaches the aerosol-generating device according to claim 24, wherein the rotary electrical connection comprises at least a portion of the rotation resistance mechanism (Han para 64, 68, intermediate container 11 resistance element, is part of the casing 10, as is the heater 30, and electricity supplying device 72, allowing rotation (or resistance thereof) between all parts).
Regarding claim 29, Han teaches the aerosol-generating device according to claims 22, wherein the heater assembly is releasably couplable to the aerosol-generating device body (Han para 77-79, that the heater assembly is coupled to the main body means that it is also releasably coupled as it is not permanent).
Regarding claims 40 and 41, Han teaches the aerosol-generating device according to claims 20 and 22, wherein the heating element is rotatable relative to the heating element mount between at least two stable orientations, e.g. those illustrated in Han Figure 3, items 11, 11p (Han, fig 3, 11, 11p).
Allowable Subject Matter
Claims 25, 26, 30-35, 38, 39, and 42-47 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Han does not teach or suggest the features of the above claims. Particularly, though not exclusively, the features teaching that the heater is a flat blade (see also Reevell US 2021/0244105, paragraph 5 which teaches that rotating a blade-shaped heater results in breakage) and that the heating element may rotate indefinitely in the first and/or second directions as items 11 of Han act as a guide and stop, preventing further rotation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA B FIGG whose telephone number is (571)272-9882. The examiner can normally be reached M-Th 9a-6p Mountain.
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, Frank Vineis can be reached at (571) 270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LAURA B FIGG/Examiner, Art Unit 1781 9/18/26
Prosecution Insights