DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The 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.
Claim(s) 1-4, 9, 25, 27, 29-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RUSCIO et al. (US 2014/0301721).
Ruscio teaches an aerosol generation device for generating an aerosol from an aerosol forming consumable comprising a housing (100); at least one heater element (140), the heater element movable relative to the housing (abstract); and a system for causing heating of the at least one heater element (abstract); wherein the heater element defines, at least partially, a heating chamber (130) for receiving the aerosol forming consumable, and wherein the heater element is configured, during use of the heater element, to be movable towards or away from the aerosol forming consumable when the aerosol forming consumable is received in the heating chamber to thereby control an amount of heat transferred to the aerosol forming consumable from the heater element (para. 0015).
Regarding claim 2, Ruscio teaches the system for causing heating of the heater element is configured to, during use, maintain the heater element at an approximately constant, or a constant, temperature (para. 0033).
Regarding claim 3, Ruscio teaches the heater element is configured to move towards or away from the aerosol forming consumable in response to an input (para. 0026, 0065).
Regarding claim 4, Ruscio teaches the input is received via a user and is an indication of a user inhaling on the aerosol generation device (para. 0041).
Regarding claim 9, Ruscio teaches the heating chamber is configured to have at least one of a changeable internal cross-sectional area or a changeable internal perimeter, such that the heater element is movable towards or away from the aerosol forming consumable (para. 0024).
Regarding claim 25, Ruscio teaches the heater element comprises a twistable coiled member having radially inner surfaces that define the heating chamber (para. 0024).
Regarding claim 27, Ruscio teaches the at least one heater element comprises a plurality of heater elements, and wherein each of the plurality of heater elements may be moved, in use, towards or away from the aerosol forming consumable independently of each other (para. 0024, 0031).
Regarding claim 29, Ruscio teaches the at least one aerosol forming consumable is shaped and sized to be receivable within the heating chamber (para. 0016, 0018).
Regarding claim 30, Ruscio teaches a method comprising receiving an aerosol forming consumable in a heating chamber of an aerosol generation device, the heating chamber at least partially defined by a heater element that is movable relative to a housing of the aerosol generating device (para. 0023, figure 1); and moving, during use of the heater element, the heater element towards or away from the aerosol forming consumable to control an amount of heat transferred to the aerosol forming consumable from the heater element (para. 0023).
Regarding claim 31, Ruscio teaches a temperature of the heater element is maintained at a constant temperature when the heater element is moving toward or away from the aerosol forming consumable (para. 0033).
Claim(s) 1, 3-4, 9, 11-12, 15, 27, 29-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BOUCHUIGUIR et al. (US 2020/0390154).
Bouchuiguir teaches an aerosol generation device for generating an aerosol from an aerosol forming consumable comprising a housing (20); at least one heater element (24, 26), the heater element movable relative to the housing (para. 0013); and a system for causing heating of the at least one heater element (abstract); wherein the heater element defines, at least partially, a heating chamber (22) for receiving the aerosol forming consumable, and wherein the heater element is configured, during use of the heater element, to be movable towards or away from the aerosol forming consumable when the aerosol forming consumable is received in the heating chamber to thereby control an amount of heat transferred to the aerosol forming consumable from the heater element (para. 0013-0014).
Regarding claim 3, Bouchuiguir teaches the heater element is configured to move towards or away from the aerosol forming consumable in response to an input (para. 0013-0014, 0064).
Regarding claim 4, Bouchuiguir teaches the input is received via a user and is an indication of a user inhaling on the aerosol generation device (para. 0041).
Regarding claim 9, Bouchuiguir teaches the heating chamber is configured to have at least one of a changeable internal cross-sectional area or a changeable internal perimeter, such that the heater element is movable towards or away from the aerosol forming consumable (see figures 3-8).
Regarding claim 11, Bouchuiguir teaches the heater element comprises an elongate hollow tube (para. 0041, 0066).
Regarding claim 12, Bouchuiguir teaches the elongate hollow tube is defined by a tubular wall, and wherein the elongate hollow tube comprises a split in the tubular wall of the elongate hollow tube (para. 0066, “semi-circular in profile”).
Regarding claim 15, Bouchuiguir teaches the elongate hollow tube has tubular wall ends defined by the split, and wherein the tubular wall ends are movable in a circumferential direction of the elongate hollow tube when the heater element moves towards or away from the aerosol forming consumable (para. 0066, “semi-circular in profile”).
Regarding claim 27, Bouchuiguir teaches the at least one heater element comprises a plurality of heater elements, and wherein each of the plurality of heater elements may be moved, in use, towards or away from the aerosol forming consumable independently of each other (24, 26, para. 0066, “semi-circular in profile”).
Regarding claim 29, Bouchuiguir teaches the at least one aerosol forming consumable is shaped and sized to be receivable within the heating chamber (para. 0028).
Regarding claim 30, Bouchuiguir teaches a method comprising receiving an aerosol forming consumable in a heating chamber of an aerosol generation device, the heating chamber at least partially defined by a heater element that is movable relative to a housing of the aerosol generating device (figures 1-2, para. 0046); and moving, during use of the heater element, the heater element towards or away from the aerosol forming consumable to control an amount of heat transferred to the aerosol forming consumable from the heater element (para. 0049-0052).
Claim(s) 1-4, 9, 11-12, 15-19, 22, 27, 29-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HEJAZI et al. (US 2020/0060340).
Hejazi teaches an aerosol generation device for generating an aerosol from an aerosol forming consumable comprising a housing (102); at least one heater element (110), the heater element movable relative to the housing (para. 0006); and a system for causing heating of the at least one heater element (abstract); wherein the heater element defines, at least partially, a heating chamber (see figure 2) for receiving the aerosol forming consumable, and wherein the heater element is configured, during use of the heater element, to be movable towards or away from the aerosol forming consumable when the aerosol forming consumable is received in the heating chamber to thereby control an amount of heat transferred to the aerosol forming consumable from the heater element (para. 0051-0052, 0054-0055).
Regarding claim 2, Hejazi teaches the system for causing heating of the heater element is configured to, during use, maintain the heater element at an approximately constant, or a constant, temperature (para. 0043).
Regarding claim 3, Hejazi teaches the heater element is configured to move towards or away from the aerosol forming consumable in response to an input (para. 0054).
Regarding claim 4, Hejazi teaches a temperature sensor configured to sense the temperature of the aerosol forming consumable, and wherein the input is the sensed temperature of the aerosol forming consumable (para. 0166) and Hejazi teaches the input is received via a user and is an indication of a user inhaling on the aerosol generation device (para. 0042).
Regarding claim 9, Hejazi teaches the heating chamber is configured to have at least one of a changeable internal cross-sectional area or a changeable internal perimeter, such that the heater element is movable towards or away from the aerosol forming consumable (para. 0054).
Regarding claim 11, Hejazi teaches the heater element comprises an elongate hollow tube (see figure 7).
Regarding claim 12, Bouchuiguir teaches the elongate hollow tube is defined by a tubular wall, and wherein the elongate hollow tube comprises a split in the tubular wall of the elongate hollow tube (para. 0066, “semi-circular in profile”).
Regarding claim 15, Bouchuiguir teaches the elongate hollow tube has tubular wall ends defined by the split, and wherein the tubular wall ends are movable in a circumferential direction of the elongate hollow tube when the heater element moves towards or away from the aerosol forming consumable (see figures 6-7).
Regarding claim 16, figure 7 shows the tubular wall ends overlap in the circumferential direction of the elongate hollow tube.
Regarding claim 17, figures 6-7 show at least one of the tubular wall ends of the elongate hollow tube comprises a flange protruding from the at least one tubular wall end in a substantially radial direction of the elongate hollow tube.
Regarding claim 18, Hejazi teaches the aerosol generation device comprises a worm drive to, in use, drive the overlapping tubular wall ends in the circumferential direction to move the heater element towards or away from the aerosol forming consumable (para. 0054).
Regarding claim 19, figures 6-7 show the elongate hollow tube comprises three tubular wall portions, wherein the three tubular wall portions are separated by three longitudinal gaps in the tubular wall such that the tubular wall portions form three jaws, and wherein at least one of the three jaws is movable, in use, towards or away from the aerosol forming consumable.
Regarding claim 22, figure 7 shows the three tubular wall portions are formed integrally with one another.
Regarding claim 27, figures 6-7 show the at least one heater element comprises a plurality of heater elements, and wherein each of the plurality of heater elements may be moved, in use, towards or away from the aerosol forming consumable independently of each other (abstract, para. 0034).
Regarding claim 29, Hejazi teaches the at least one aerosol forming consumable is shaped and sized to be receivable within the heating chamber (para. 0051, 0076).
Regarding claim 30, Hejazi teaches a method comprising receiving an aerosol forming consumable in a heating chamber of an aerosol generation device, the heating chamber at least partially defined by a heater element that is movable relative to a housing of the aerosol generating device (figure 2); and moving, during use of the heater element, the heater element towards or away from the aerosol forming consumable to control an amount of heat transferred to the aerosol forming consumable from the heater element (para. 0051-0052, 0054-0055).
Regarding claim 31, Hejazi teaches a temperature of the heater element is maintained at a constant temperature when the heater element is moving toward or away from the aerosol forming consumable (para. 0043).
Claim Rejections - 35 USC § 103
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.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over HEJAZI et al. (US 2020/0060340) in view of RUSCIO et al. (US 2014/0301721).
Hejazi teaches an aerosol generation device for generating an aerosol from an aerosol forming consumable comprising a housing (102); at least one heater element (110), the heater element movable relative to the housing (para. 0006); and a system for causing heating of the at least one heater element (abstract); wherein the heater element defines, at least partially, a heating chamber (see figure 2) for receiving the aerosol forming consumable, and wherein the heater element is configured, during use of the heater element, to be movable towards or away from the aerosol forming consumable when the aerosol forming consumable is received in the heating chamber to thereby control an amount of heat transferred to the aerosol forming consumable from the heater element (para. 0051-0052, 0054-0055).
Hejazi is silent to a flexible wall.
Ruscio teaches an aerosol generation device for generating an aerosol from an aerosol forming consumable comprising a housing (100); at least one heater element (140), the heater element movable relative to the housing (abstract); and a system for causing heating of the at least one heater element (abstract); wherein the heater element defines, at least partially, a heating chamber (130) for receiving the aerosol forming consumable, and wherein the heater element is configured, during use of the heater element, to be movable towards or away from the aerosol forming consumable when the aerosol forming consumable is received in the heating chamber to thereby control an amount of heat transferred to the aerosol forming consumable from the heater element (para. 0015).
Ruscio teaches a flexible wall, and wherein the flexible wall is compressible and expandable in a longitudinal direction such that, in use, the flexible wall is movable in a radial direction (para. 0012, 0019). It would have been obvious to one of ordinary skill in the art to modify the heating element of Hejazi to include the flexible wall of Ruscio because Ruscio teaches that this allows the heating element to return to its original shape (para. 0012, 0019).
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 7, the prior art does not teach or suggest the heater element is configured to move toward or away from the aerosol generating consumable by an amount corresponding to a magnitude of the input.
Conclusion
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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