DETAILED ACTION
Notice of Pre-AIA or AIA Status
(1) The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
(2) The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: (a) user interface 218, (b) base 24, and (c) body 2
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
(3) The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
(a) “the heating element is a male member and configured to penetrate the one or more consumables … when the one or more consumables are received by the aerosol-generation zone” (claim 6 at lines 13-15 in 3rd alternative)
(b) “the heating element is a male member and configured to penetrate the one or more consumables … when the one or more consumables are received by the aerosol-generation zone” (claim 17 at lines 3-5 in 1st alternative)
(c) “through which the heating element as a male member is insertable along an insertion path” (claim 17 at lines 9-10 in 2nd alternative).
No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
(4) The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
(5) The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”;
the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
●aerosol-generation zone claims 1, 2, 3, and 4
claim 6 (1st, 2nd, and 3rd alternatives)
claims 9, 11, 12, 13, and 15
claim 17 (1st and 2nd alternatives)
claim 22
●first aerosol-generation zone claims 20 and 21
●second aerosol-generation zone claims 20 and 21
●aerosol generator claims 1, 2, 9, 11, and 23
●engagement region claims 1, 9, and 22
●heating device claim 2
claim 6 (1st and 3rd alternatives)
claims 11 and 25 (heater)
●male member claim 6 (3rd alternative)
claim 17 (1st and 2nd alternatives)
●non-combustible aerosol provision device claims 9, 16, 19, and 22
●heating element claim 6 (1st and 3rd alternatives)
claims 15 and 16
claim 17 (1st and 2nd alternatives)
claim 21
●first heating element claim 21
●second heating element claim 21
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or
present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
(6) 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.
(7) Claim(s) 6 and 17 is/are 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 6 and claim 17, the following limitations invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
“heating device” with “male member” with “heating element” (claim 6 at lines 11-15: 3rd alternative)
“heating element” with “male member” (claim 17 at lines 3-5: 1st alternative)
“heating element” with “male member” (claim 17 at lines 6-10: 2nd alternative).
However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. More specifically, the disclosure is devoid of any structure for a heating device which is a heating element which is a male member – and that performs the function(s) in the claims. Therefore, the claim(s) is/are indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may:
Amend the claim(s) so that the claim limitation(s) will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function(s), without introducing any new matter (35 U.S.C. 132(a)); or
Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim(s), without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function(s), applicant should clarify the record by either:
Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102 – Harris Reference
(8) 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.
(9) 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.
(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.
(10) Claim(s) 1-4, 6, 9-13, 15-16, and 19-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harris (WO 2020/182713 A1). (Note: claim 6 – for 1st and 2nd alternatives)
Claim(s) 1-4, 6, 9-13, 15-16, and 19-25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Harris (WO 2020/182713 A1). (Note: claim 6 – for 1st and 2nd alternatives)
With respect to the rejection under 35 U.S.C. 102(a)(2): The applied reference has a common assignment with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by:
a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A);
a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or
a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Rejection under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2): Claims 1, 9, 16, 19, and 22-23, Harris teaches providing (claim 22) non-combustible aerosol provision device 100, of non-combustible aerosol provision system 1000 (pg19 Lns16-22), for generating aerosol from aerosol-generating material 72 (pg5 Lns25-28; pg19 Lns16-22), non-combustible aerosol provision device 100 comprising:
●aerosol-generation zone 110 for receiving one or more consumables 70 comprising
aerosol-generating material 72 (pg8 Lns21-32; pg19 Lns16-20; pg20 Lns13-23; pg21 Lns28-31)
●aerosol generator 200 configured to cause aerosol to be generated from one or
more consumables 70 comprising aerosol-generating material 72 in aerosol-generation zone 110 (pg5 Lns29-32; pg22 Lns27-20)
●an engagement region (comprising at least a portion of base 54) for engagement and
disengagement with at least one support (adaptor) (comprising at least arms 55 [claim 19: first support], 56 [claim 19: second support], and 57) for supporting one or more consumables 70 comprising aerosol-generating material 72 in aerosol-generation zone 110 wherein the supports are considered insertable supports in that such are separable-from-and-insertable-with (claim 22) the engagement region (Note about structural claims:
--user interchangeable-- (and –user-- and --user insertable--) modifying the supports refers to action(s) upon the supports and is/are not considered to be a structural limitation(s) of the claimed non-combustible aerosol provision device 100 and non-combustible aerosol provision system 1000)
(pg5 Lns23-34; pg18 Lns4-13; pg19 Lns3-8). The limitation in claim 23 of “differently dimensioned consumable” (and “consumable” in the product claims) refers a material (or item) acted upon and is not considered to be a structural limitation of the claimed non-combustible aerosol provision device 100 and the non-combustible aerosol provision system 1000. Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
Claims 1, 9, and 22, with respect to the claimed ●aerosol-generation zone, ●aerosol generator, and ●engagement region (and the ●non-combustible aerosol provision device in claims 9 and 22): because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed aerosol-generation zone, aerosol generator, and engagement region (and the non-combustible aerosol provision device of claim 9) – to perform the claimed functions. Harris teaches structures for the claimed aerosol-generation zone, aerosol generator, and engagement region (and the non-combustible aerosol provision device) – to perform the same claimed functions. Harris is thus considered to meet these limitations of the claims.
Claim 16, with respect to the claimed ●non-combustible aerosol provision device and ●heating element: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed non-combustible aerosol provision device and heating element – to perform the claimed functions. Harris teaches structures for the claimed non-combustible aerosol provision device and heating element – to perform the same claimed functions. Harris is thus considered to meet these limitations of the claim.
Claim 19, with respect to the ●non-combustible aerosol provision device: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed non-combustible aerosol provision device – to perform the claimed function. Harris teaches a structure for the claimed non-combustible aerosol provision device – to perform the same claimed functions. Harris is thus considered to meet this limitation of the claim.
Claim 23, with respect to the ●aerosol generator: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol generator – to perform the claimed function. Harris teaches a structure for the claimed aerosol generator – to perform the same claimed functions. Harris is thus considered to meet this limitation of the claim.
Claims 2, 11, and 25, Harris teaches that aerosol generator 200 comprises, and is, a heating device (comprising at least heating element 1 and/or magnetic field generator 120) for use in heating one or more consumables 70 comprising aerosol-generating material 72 in aerosol-generation zone 110 wherein there is thermal contact between the heating device and aerosol-generating material 72 (pg8 Lns3-7; pg21 Lns28-31).
Claims 2 and 11, with respect to the claimed ●aerosol-generation zone, ●aerosol generator, and ●heating device: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed aerosol-generation zone, aerosol generator, and heating device – to perform the claimed functions. Harris teaches structures for the claimed aerosol-generation zone, aerosol generator, and heating device – to perform the same claimed functions. Harris is thus considered to meet these limitations of the claims.
Claim 25, with respect to the claimed ●heating device: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed heating device– to perform the claimed function. Harris teaches a structure for the claimed heating device – to perform the same claimed function. Harris is thus considered to meet this limitation of the claim.
Claims 3 and 12, Harris teaches that the heating device comprises magnetic field generator 120 for generating one or more varying magnetic fields that penetrate one or more respective longitudinal portions of aerosol-generation zone 110 in use (pg21 Lns28-31).
Claims 3 and 12, with respect to the claimed ●aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol-generation zone – to perform the claimed function. Harris teaches a structure for the claimed aerosol-generation zone – to perform the same claimed function. Harris is thus considered to meet this limitation of the claims.
Claims 4, 13, and 24, Harris teaches that magnetic field generator 120 comprises a plurality of flat spiral coils (of a plurality of induction coil arrangements 1a, 1b, 1c, 1d, and 1e) of electrically-conductive material arranged sequentially and in respective planes along a longitudinal axis B-B of aerosol-generation zone 110 (pg17 Ln29 to pg18 Ln21); and/or magnetic field generator 120 comprises a plurality of flat spiral coils (of a plurality of induction coil arrangements 1a, 1b, 1c, 1d, and 1e) of electrically-conductive material arranged sequentially and in respective planes along a longitudinal axis B-B of aerosol-generation zone 110 (pg17 Ln29 to pg18 Ln21) and aerosol-generation zone 110 extends through a hole in each of the plurality of flat spiral coils (pg19 Lns28-31).
Claims 4 and 13, with respect to the claimed ●aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol-generation zone – to perform the claimed function. Harris teaches a structure for the claimed aerosol-generation zone – to perform the same claimed function. Harris is thus considered to meet this limitation of the claims.
Claim 6 (1st alternative) and 15, Harris teaches that the heating device comprises heating element 1 comprising heating material that is heatable by penetration with a varying magnetic field generatable by magnetic field generator 120 to heat aerosol-generation zone 110 (pg8 Lns3-7; pg20 Lns4-6; pg21 Lns28-31).
Claims 6 (1st alternative) and 15, with respect to the claimed ●heating element, and ●aerosol-generation zone (and the ●heating device in claim 6): because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed heating element and aerosol-generation zone (and the heating device in claim 6) – to perform the claimed functions. Harris teaches a structure for the claimed heating element and aerosol-generation zone (and the heating device in claim 6) – to perform the same claimed functions. Harris is thus considered to meet these limitations of the claims.
Claim 6 (2nd alternative), Harris teaches that the heating device comprises heating element 1 comprising heating material that is heatable by penetration with a varying magnetic field generatable by magnetic field generator 120 to heat aerosol-generation zone 110 (pg8 Lns3-7; pg20 Lns4-6; pg21 Lns28-31) – and heating element 1 is tubular and configured to be around one or more consumables 70 comprising aerosol-generating material 72 when one or more consumables 70 are received by aerosol-generation zone 110 (pg9 Lns26-27; Fig7).
Claims 6 (2nd alternative), with respect to the claimed ●aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol-generation zone – to perform the claimed function. Harris teaches a structure for the claimed aerosol-generation zone – to perform the same claimed function. Harris is thus considered to meet this limitation of the claim.
Claims 10 and 20-21, first support 55 comprises a first passageway to form at least a portion of a first aerosol-generation zone (of aerosol generation zone 110) and the second support comprises a second passageway to form at least a portion of a second aerosol-generation zone (of aerosol generation zone 110) and wherein the first passageway is geometrically different from the second passageway in that the first and second passageways each include a portion of heating element 1 (a first heating element for support 55 and a second heating element for support 56) which has a varying the cross-section (i.e. varying diameter – “geometrically different”) along a length of aerosol generation zone 110 which receives one or more consumables 70 comprising aerosol-generating material 72. First support 55 and the first heating element viewed together form a first set of components and second support 56 and the second heating element viewed together form a second set of components (pg13 Lns9-20; pg17 Ln29 to pg18 Ln21; pg19 Lns28-31; pg22 Lns8-18) (see a portion of Fig7 annotated below)
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Claim 20, with respect to the claimed ●first aerosol-generation zone and ●second aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed first aerosol-generation zone and the second aerosol-generation zone – to perform the claimed functions. Harris teaches structures for the claimed first aerosol-generation zone and the second aerosol-generation zone – to perform the same claimed functions. Harris is thus considered to meet these limitations of the claim.
Claim 21, with respect to the claimed ●heating element, ●first heating element, and ●second heating element: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed heating element, first heating element, and second heating element – to perform the claimed functions. Harris teaches structures for the claimed heating element, first heating element, and the second heating element – to perform the same claimed functions. Harris is thus considered to meet these limitations of the claim.
Claim Rejections - 35 USC § 103 – Harris Reference
(11) 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.
(12) Claim(s) 6 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris, as applied to claim(s) 1-4, 6, 9-13, 15-16, and 19-25 above, and further in view of KR102199796B1. (Note: claim 6 – for 3rd alternative; claim 17 – for 1st and 2nd alternatives)
Claims 6 (3rd alternative) and 17 (1st and 2nd alternatives), Harris teaches that the heating device comprises a heating element (comprising at least heating element 1) comprising heating material that is heatable by penetration with a varying magnetic field generatable by magnetic field generator 120 to heat aerosol-generation zone 110 (pg8 Lns3-7; pg20 Lns4-6; pg21 Lns28-31). The at least one support (for example – arm 56) comprises an opening communicable with a passageway having an insertion path (pg17 Ln29 to pg18 Ln21; pg19 Lns28-31; pg22 Lns8-18) (see portion of Fig7 annotated below)
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However, Harris does not teach that the heating element (comprising at least heating element 1) further comprises a male member configured to penetrate one or more consumables 70 comprising aerosol-generating material 72 when one or more consumable 70 are received by aerosol-generation zone 110 and through the passageway.
KR102199796B1 (i.e. KR796) teaches non-combustible aerosol provision device 10, of a non-combustible aerosol provision system, for generating aerosol from aerosol-generating material (tobacco) (pg3 ¶12; pg4 ¶9), non-combustible aerosol provision device 10 comprising: ●aerosol-generation zone 121 (extractor 120 being an optional feature) for receiving one or more consumables 200 comprising the aerosol-generating material (pg5 ¶8;) and ●an aerosol generator (comprising at least coil 130 and susceptor 110) configured to cause the aerosol to be generated from one or more consumables 200 comprising the aerosol-generating material in aerosol-generation zone 121 (pg6 ¶5). The aerosol generator comprises, and is, a heating device for use in heating one or more consumables 200 comprising the aerosol-generating material in aerosol-generation zone 121 (pg6 ¶5). The heating device comprises coil 3 which is magnetic field generator for generating one or more varying magnetic fields that penetrate one or more respective longitudinal portions of aerosol-generation zone 121 in use (pg6 ¶5; pg7 ¶s4-5). The heating device comprises a heating element (comprising at least susceptor 110) comprising heating material that is heatable by penetration with a varying magnetic field generatable by the magnetic field generator to heat the aerosol-generation zone 121 (pg7 ¶s4-5). Susceptor 110 is a male member configured to penetrate one or more consumables 200 comprising the aerosol-generating material when one or more consumable 200 are received by aerosol-generation zone 121 (pg7 ¶s4-5). KR796 teaches that susceptor 110 is disposed in the center of aerosol-generation zone 121 to heat one or more consumables 200 more evenly (pg6 ¶2).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to have provided in Harris that the heating element (comprising at least heating element 1) be combined with a susceptor male member configured to penetrate the one or more consumables 70 comprising the aerosol-generating material 72 when the one or more consumable 70 are received by the aerosol-generation zone 110 and through the passageway in that KR796 teaches that a susceptor so disposed allows a consumable to be heated more evenly – wherein uniform heating is important to the invention of Harris (Harris: pg7 Ln27 to pg8 Ln2).
Claims 6 (3rd alternative) and claim 17 (1st and 2nd alternatives), with respect to the claimed ●heating device (claim 6), ●heating element, and male member: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Harris teaches structures for the claimed heating device, heating element, and male member– to perform the same claimed functions. Harris is thus considered to meet these limitations of the claim.
Claims 6 (3rd alternative) and claim 17 (1st and 2nd alternatives), with respect to the claimed ●aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol-generation zone – to perform the claimed function. Harris teaches a structure for the claimed aerosol-generation zone – to perform the same claimed function. Harris is thus considered to meet this limitation of the claims.
Claim Rejections - 35 USC § 102 – Cross Reference
(13) Claim(s) 1-4, 6, 9-13, 15-17, and 19-25 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Cross (WO 2018/158207 A1)
Claims 1, 9, 16, 19, and 22-23, Cross teaches providing (claim 22) a non-combustible aerosol provision device, of a non-combustible aerosol provision system (pg18 Lns15-20), for generating aerosol from aerosol-generating material 31 (pg18 Ln31 to pg19 Ln8), the non-combustible aerosol provision device comprising:
●an aerosol-generation zone (comprising at least portion of a cavity of main body 2) for
receiving one or more consumables 30 comprising aerosol-generating material 31 (pg18 Lns21-29)
●an aerosol generator (comprising at least actuator 10, coil 20, armature 40, arms 71,
coil 50, and a portion of each of susceptors 6) configured to cause aerosol to be generated from one or more consumables 30 comprising aerosol-generating material 31 in the aerosol-generation zone (pg20 Ln14 to pg22 Ln10)
●an engagement region (comprising at least a portion of the cavity of main body
2 – towards mouthpiece 5) for engagement and disengagement with at least one support (adaptor) (a portion of each of susceptors 6 (two) are present forming a first support and a second support: pg12 Ln24 to pg13 Ln5) for supporting one or more consumables 30 comprising aerosol-generating material 31 in the aerosol-generation zone wherein the supports are considered insertable supports in that such are separable-from-and-insertable-with (claim 22) the engagement (Note about structural claims: --user interchangeable-- (and –user-- and --user insertable--) modifying the supports refers to action(s) upon the supports and is/are not considered to be a structural limitation(s) of the claimed non-combustible aerosol provision device 10 and the non-combustible aerosol provision system) (pg19 Ln9 to pg20 Ln22; pg20 Ln22 to pg10).
The limitation in claim 23 of “differently dimensioned consumable” (and “consumable” in the product claims) refers a material (or item) acted upon and is not considered to be a structural limitation of the claimed non-combustible aerosol provision device 10 and the non-combustible aerosol provision system. Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
Claims 1, 9, and 22, with respect to the claimed ●aerosol-generation zone, ●aerosol generator, and ●engagement region (and the ●non-combustible aerosol provision device in claims 9 and 22): because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed aerosol-generation zone, aerosol generator, and engagement region (and the non-combustible aerosol provision device of claim 9) – to perform the claimed functions. Cross teaches structures for the claimed aerosol-generation zone, aerosol generator, and engagement region (and the non-combustible aerosol provision device) – to perform the same claimed functions. Cross is thus considered to meet these limitations of the claims.
Claim 16, with respect to the claimed ●non-combustible aerosol provision device and ●heating element: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed non-combustible aerosol provision device and heating element – to perform the claimed functions. Cross teaches structures for the claimed non-combustible aerosol provision device and heating element – to perform the same claimed functions. Cross is thus considered to meet these limitations of the claim.
Claim 19, with respect to the ●non-combustible aerosol provision device: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed non-combustible aerosol provision device – to perform the claimed function. Cross teaches a structure for the claimed non-combustible aerosol provision device – to perform the same claimed functions. Cross is thus considered to meet this limitation of the claim.
Claim 23, with respect to the ●aerosol generator: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol generator – to perform the claimed function. Cross teaches a structure for the claimed aerosol generator – to perform the same claimed functions. Cross is thus considered to meet this limitation of the claim.
Claims 2, 11, and 25, Cross teaches that the aerosol generator comprises, and is, a heating device (comprising at least actuator 10, coil 20, armature 40, arms 71, coil 50, and a portion of susceptor 6) for use in heating one or more consumables 30 comprising aerosol-generating material 31 in the aerosol-generation zone wherein there is thermal contact between the heating device and aerosol-generating material 31 (see previously recited locations in Cross).
Claims 2 and 11, with respect to the claimed ●aerosol-generation zone, ●aerosol generator, and ●heating device: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed aerosol-generation zone, aerosol generator, and heating device – to perform the claimed functions. Cross teaches structures for the claimed aerosol-generation zone, aerosol generator, and heating device – to perform the same claimed functions. Cross is thus considered to meet these limitations of the claims.
Claim 25, with respect to the claimed ●heating device: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed heating device– to perform the claimed function. Cross teaches a structure for the claimed heating device – to perform the same claimed function. Cross is thus considered to meet this limitation of the claim.
Claims 3 and 12, Cross teaches that the heating device comprises the magnetic field generator (comprising at least magnetic coil 20 and magnetic coil 50) for generating one or more varying magnetic fields that penetrate one or more respective longitudinal portions of the aerosol-generation zone in use (see previously recited locations in Cross).
Claims 3 and 12, with respect to the claimed ●aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol-generation zone – to perform the claimed function. Cross teaches a structure for the claimed aerosol-generation zone – to perform the same claimed function. Cross is thus considered to meet this limitation of the claims.
Claims 4, 13, and 24, Cross teaches that the magnetic field generator (comprising at least magnetic coil 20 and magnetic coil 50) comprises a plurality of spiral coils flat upon a tube (Fig3) of electrically-conductive material arranged sequentially (coils 20 [or coils 50] following coils 50 [or coils 20]) and in respective planes along a longitudinal axis of the aerosol-generation zone; and/or the magnetic field generator (comprising at least magnetic coil 20 and magnetic coil 50) comprises a plurality of spiral coils flat upon a tube (Fig3) of electrically-conductive material arranged sequentially (coils 20 [or coils 50] following coils 50 [or coils 20]) and in respective planes along a longitudinal axis of the aerosol-generation zone and the aerosol-generation zone extends through a hole in each of the plurality of spiral coils (see previously recited locations in Cross) (see Figs 1 and 3 annotated below)
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Claims 4 and 13, with respect to the claimed ●aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol-generation zone – to perform the claimed function. Cross teaches a structure for the claimed aerosol-generation zone – to perform the same claimed function. Cross is thus considered to meet this limitation of the claims.
Claim 6 (1st alternative) and 15, Cross teaches that the heating device comprises a heating element (a portion of each of susceptors 6 and arms 71 wherein arms 71 form a basket-like enclosing docking port) comprising heating material that is heatable by penetration with a varying magnetic field generatable by the magnetic field generator (comprising at least magnetic coil 20 and magnetic coil 50) to heat the aerosol-generation zone (see previously recited locations in Cross).
Claims 6 (1st alternative) and 15, with respect to the claimed ●heating element, and ●aerosol-generation zone (and the ●heating device in claim 6): because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed heating element and aerosol-generation zone (and the heating device in claim 6) – to perform the claimed functions. Cross teaches a structure for the claimed heating element and aerosol-generation zone (and the heating device in claim 6) – to perform the same claimed functions. Cross is thus considered to meet these limitations of the claims.
Claim 6 (2nd alternative), Cross teaches that the heating device comprises a heating element (a portion of each of susceptors 6 and arms 71 wherein arms 71 form a basket-like enclosing docking port) comprising heating material that is heatable by penetration with a varying magnetic field generatable by the magnetic field generator (comprising at least magnetic coil 20 and magnetic coil 50) to heat the aerosol-generation zone – and the heating element is tubular (docking port is tubular: Fig1) and configured to be around one or more consumables 30 comprising aerosol-generating material 31 when one or more consumables 30 are received by the aerosol-generation zone (see previously recited locations in Cross).
Claims 6 (2nd alternative), with respect to the claimed ●aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol-generation zone – to perform the claimed function. Cross teaches a structure for the claimed aerosol-generation zone – to perform the same claimed function. Cross is thus considered to meet this limitation of the claim.
Claims 10 and 20-21, the first support comprises a first passageway (passageway within the first support and around consumable 30 which it pierces) to form at least a portion of a first aerosol-generation zone (of aerosol generation zone) and the second support comprises a second passageway (passageway within the second support and around consumable 30 which it pierces) to form at least a portion of a second aerosol-generation zone (of aerosol generation zone) (see previously recited locations in Cross; and pg12 Ln24 to pg13 L5). The first and second passageways each include a portion of the heating element (forming a first heating element and a second heating element). The first and second passageways are geometrically different from each other in that one of will include a portion of an area of mouthpiece 5. The first support and the first heating element viewed together form a first set of components and the second support and the second heating element viewed together form a second set of components
Claim 20, with respect to the claimed ●first aerosol-generation zone and ●second aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed first aerosol-generation zone and the second aerosol-generation zone – to perform the claimed functions. Cross teaches structures for the claimed first aerosol-generation zone and the second aerosol-generation zone – to perform the same claimed functions. Cross is thus considered to meet these limitations of the claim.
Claim 21, with respect to the claimed ●heating element, ●first heating element, and ●second heating element: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches structures for the claimed heating element, first heating element, and second heating element – to perform the claimed functions. Cross teaches structures for the claimed heating element, first heating element, and the second heating element – to perform the same claimed functions. Cross is thus considered to meet these limitations of the claim.
Claims 6 (3rd alternative) and 17 (1st and 2nd alternatives), Cross teaches that the heating device comprises a heating element (a portion of each of susceptors 6 and arms 71 wherein arms 71 form a basket-like enclosing docking port) forming a longitudinal basket structure) comprising heating material that is heatable by penetration with a varying magnetic field generatable by the magnetic field generator (comprising at least magnetic coil 20 and magnetic coil 50) to heat the aerosol-generation zone (pg8 Lns3-7; pg20 Lns4-6; pg21 Lns28-31). The heating element (a portion of each of susceptors 6 and the docking port) is a male member (susceptors 6 being inserted into consumables 30 and into the non-combustible aerosol provision device of the non-combustible aerosol provision system; the docking port inserted in the cavity) and configured to penetrate one or more consumables 30 comprising aerosol-generating material 31 when one or more consumable 30 are received by the aerosol-generation zone and through the passageway.
Claims 6 (3rd alternative) and claim 17 (1st and 2nd alternatives), with respect to the claimed ●heating device (claim 6), ●heating element, and male member: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Cross teaches structures for the claimed heating device, heating element, and male member– to perform the same claimed functions. Cross is thus considered to meet these limitations of the claim.
Claims 6 (3rd alternative) and claim 17 (1st and 2nd alternatives), with respect to the claimed ●aerosol-generation zone: because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the claimed aerosol-generation zone – to perform the claimed function. Cross teaches a structure for the claimed aerosol-generation zone – to perform the same claimed function. Cross is thus considered to meet this limitation of the claims.
Prior Art of Record
(14) The following prior art is made of record but not relied upon is considered pertinent to applicant’s invention:
●Horrod teaches a tubular heating element for use with an aerosolizer
●Aoun teaches an induction coil arrangement for volatilizing a smokable material
●Xiao teaches using electromagnetic induction principle for a smoking device
●Zinovik teaches an inductively heatable aerosol-generating article and device
●Kaufman teaches a heating element for use with an aerosolizer apparatus
●Mironov (WO2015177046A1) teaches an aerosolizer with a flat spiral coil
●Abi teaches a tubular heating element for use with an aerosolizer
●Chu teaches an electromagnetic wave heating device for use with a tobacco element
●Li teaches a cigarette aerosol heating device having a male member and no extractor
●Mironov (WO 2015/177295A1) teaches male member heating element for aerosolizer
●Liu teaches an electronic smoking device having a flat spiral coil.
Conclusion
(15) Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
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, Phil Tucker can be reached at (571) 272-1095. The fax phone number for the organization where 3this application or proceeding is assigned is 571-273-8300.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745
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