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 § 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 30 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 30 recites “receiving an aerosol forming consumable in a heating chamber of an aerosol generation device”. It is unclear whether “an aerosol generation device” refers to the aerosol generation device of line 3 or if this is an additional and different aerosol generation device. It is also unclear whether “a heating chamber” refers to the heating chamber of claim 1 or if this is an additional and different heating chamber.
Claim 30 recites “the heating chamber at least partially defined by a heater element that is movable relative to a housing of the aerosol generating device”. It is unclear whether “a heater element” refers to the heater element of claim 1 or if this is an additional and different heater element” It is also unclear whether “a housing” refers to the housing of claim 1 or if this is an additional and different housing.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 9, 15, 17, 29-30, 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHEN et al. (CN 112244365).
Chen teaches an aerosol generating device comprising a housing (1, 7 in figure 1); at least one heater element (6 in figures 3 and 4) movable relative to the housing (abstract); and a system for causing heating of the at least one heater element (abstract). Chen teaches the heater element defines, at least partially, a heating chamber (4 in figure 4) 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 (abstract). Chen teaches the heater element comprises an elongate hollow tube (62 in figure 3) defined by a tubular wall, and the elongate hollow tube comprises a split (65 in figure 3) in the tubular wall; or the heater element comprises an elongate hollow tube comprising a flexible wall (5) and wherein the flexible wall is compressible and expandable in the longitudinal direction such that, in use, the flexible wall is movable in the radial direction of the elongate hollow tube (translation page 6 “wherein, as shown in FIG, 7…”).
Regarding claim 2, Chen 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 (trans. page 5 “heating mode control (continuous, pulse, temperature control heating, electromagnetic induction heating)”).
Regarding claim 3, Chen teaches the heater element is configured to move towards or away from the aerosol forming consumable in response to an input (trans. page 5 “The receiving part 52 of the cavity wall 5 is driven to move, so as to make the cavity wall 5 expand and shrink along the radial direction”).
Regarding claim 9, Chen 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 (abstract).
Regarding claim 15, Chen teaches the elongate hollow tube has tubular wall ends defined by the split (65), 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 (trans. page 10 “clamping gap”).
Regarding claim 17, Chen teaches at least one of the tubular wall ends of the elongate hollow tube comprises a flange (63) protruding from the at least one tubular wall end in a substantially radial direction of the elongate hollow tube.
Regarding claim 29, Chen teaches an aerosol generation system comprising the aerosol generation device (see figure 5), and at least one aerosol forming consumable (200), wherein the at least one aerosol forming consumable is shaped and sized to be receivable within the heating chamber.
Regarding claim 30, Chen teaches a method of heating an aerosol forming consumable comprising providing an aerosol generation device (see figure 4), receiving an aerosol forming consumable in a heating chamber of an aerosol generation device (see figure 5), the heating chamber at least partially defined by a heater element that is movable relative to a housing of the aerosol generating device (abstract); 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 (abstract).
Regarding claim 32, figure 5 shows the heater element comprises an elongate hollow tube, and wherein, in use, the elongate hollow tube does not penetrate the aerosol forming consumable when the aerosol forming consumable is received in the heating chamber.
Claim(s) 1-3, 9, 27, 29-30, 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by REEVELL (US 2019/0166909).
Reevell teaches an aerosol generation device for generating an aerosol from an aerosol forming consumable comprising a housing (112); at least one heater element (160, 260, 360) movable relative to the housing; and a system for causing heating of the at least one heater element (para. 0032). Reevell teaches the heater element defines, at least partially, a heating chamber (120 in figure 1A) 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 (abstract, para. 0005). Reevell teaches the heater element comprises an elongate hollow tube defined by a tubular wall (see figure 1B), and the elongate hollow tube comprises plural tubular wall portions (14, 160), wherein the tubular wall portions are separated by one or more longitudinal gaps in the tubular wall of the elongate hollow tube such that the tubular wall portions form plural jaws, at least one of which is movable, in use, towards or away from the aerosol forming consumable, and wherein the tubular wall portions are formed integrally with one another(see figures 1D-1F and 3C-3E).
Regarding claim 2, Reevell 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. 0081).
Regarding claim 3, Reevell teaches the heater element is configured to move towards or away from the aerosol forming consumable in response to an input (para. 0088).
Regarding claim 9, Reevell 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, para. 0011).
Regarding claim 27, Reevell teaches the at least one heater element comprises a plurality of heater elements (220 in figures 2A and 2B), 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.
Regarding claim 29, Reevell teaches an aerosol generation system comprising the aerosol generation device (see figures 3C to 3E), and at least one aerosol forming consumable (10), wherein the at least one aerosol forming consumable is shaped and sized to be receivable within the heating chamber.
Regarding claim 30, Reevell teaches a method of heating an aerosol forming consumable comprising providing an aerosol generation device (see figure 3C), receiving an aerosol forming consumable in a heating chamber of an aerosol generation device (see figure 3D), the heating chamber at least partially defined by a heater element that is movable relative to a housing of the aerosol generating device (abstract); 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 (abstract).
Regarding claim 32, figures 2C and 3C show the heater element comprises an elongate hollow tube, and wherein, in use, the elongate hollow tube does not penetrate the aerosol forming consumable when the aerosol forming consumable is received in the heating chamber.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN et al. (CN 112244365) in view of RUSCIO et al. (US 2014/0301721).
Chen teaches an aerosol generating device comprising a heater element that 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 (abstract).
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 the heater element is configured to move towards or away from the aerosol forming consumable in response to an input (para. 0026, 0065). Ruscio teaches the input is received via a user and is an indication of a user inhaling on the aerosol generation device (para. 0041). It would have been obvious to one of ordinary skill in the art to modify the heater element of Chen to have the input received via a user by an indication of a user inhaling on the aerosol generation device because this would allow the aerosol generation device to automatically power the heater (Ruscio para. 0041).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN et al. (CN 112244365).
Chen teaches an aerosol generating device comprising a heater element that 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 (abstract). Chen teaches the elongate hollow tube has tubular wall ends defined by the split (65), 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 (trans. page 10 “clamping gap”).
Although Chen is silent to the tubular wall ends overlapping in the circumferential direction of the elongate hollow tube; it would have been obvious to one of ordinary skill in the art to modify Chen so that tubular wall ends overlap in the circumferential direction of the elongate hollow tube because this would cause the aerosol generating product to be fully in contact with the cavity wall, which is an objective of Chen (abstract).
Claim(s) 18, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN et al. (CN 112244365) as applied to claim 16 above, and further in view of HEJAZI et al. (US 2020/0060340).
Chen teaches an aerosol generating device comprising a heater element that 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 (abstract).
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 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). It would have been obvious to one of ordinary skill in the art to try a worm drive in the device of Chen because Chen teaches that various types of drives can be used in the invention (trans. page 6 “the transmission mechanism comprises but not limited to gear, rack, screw rod, conveyor belt and so on”).
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). It would have been obvious to one of ordinary skill in the art to modify the device of Chen to maintain a constant temperature to maintain the device at a suitable temperature for producing aerosol.
Claim(s) 19, 22, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over REEVELL (US 2019/0166909) in view of HEJAZI et al. (US 2020/0060340).
Reevell teaches an aerosol generation device for generating an aerosol from an aerosol forming consumable comprising a heater element that 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 (abstract, para. 0005). Reevell teaches the heater element comprises an elongate hollow tube defined by a tubular wall (see figure 3A), and the elongate hollow tube comprises plural tubular wall portions (314 in figure 3D), wherein the tubular wall portions are separated by one or more longitudinal gaps in the tubular wall of the elongate hollow tube such that the tubular wall portions form plural jaws, at least one of which is movable, in use, towards or away from the aerosol forming consumable, and wherein the tubular wall portions are formed integrally with one another(see figures 3C-3E).
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).
Figures 6-7 of Hejazi 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.
It would have been obvious to one of ordinary skill in the art to modify the device of Reevell to include three tubular wall portions as in Hejazi because it would have been a simple multiplication of parts. See MPEP 2144.04 VI B.
Regarding claim 22, Reevell teaches the tubular wall portions can be formed integrally with one another (para. 0097).
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). It would have been obvious to one of ordinary skill in the art to modify the device of Reevell to maintain a constant temperature to maintain the device at a suitable temperature for producing aerosol.
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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 9, 15-19, 22, 27, 29-31 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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/CYNTHIA SZEWCZYK/ Primary Examiner, Art Unit 1741
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