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.
Claims 1-2, 4-14, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reevell (US 2019/0387799).
Claims 1 and 2. Reevell discloses an aerosol-generating system comprising a first receiving chamber for receiving and accommodating a first solid substrate containing rod and a second receiving chamber for receiving and accommodating a second solid substrate containing rod. The first receiving chamber and the second receiving chamber are arranged side-by-side in the device housing. At least the first receiving chamber or the second receiving chamber comprises a heater for heating a solid substrate containing rod accommodated in the respective receiving chamber ([0034]; Figures 1-12). The first chamber diameter may be larger than the second chamber diameter or vice versa. Accordingly, differently sized solid substrate containing rods (first and second consumables) may be accommodated in the first and in the second receiving chamber ([0043]; Figures 11 and 12).
Claim 4. Reevell discloses that the first and second receiving chambers may have different sizes wherein the first receiving chamber 10 has a larger width than the second receiving chamber 11 ([0043]; Figures 11 and 12).
Claim 5. Reevell discloses that the first receiving chamber and the second receiving chamber are tubular shaped receiving chambers each configured to receive a solid substrate containing rod ([0064]; Figures 1-12).
Claim 6. Reevell discloses that the first receiving chamber comprises a receiving opening and the second receiving chamber comprises a receiving opening ([0044]). The rods 30,31 extend only slightly from the receiving chambers. The portions of the rods extending from the receiving chambers may serve for removal of the rods after use by gripping the end portions ([0081]; Figures 1-12).
Claims 7 and 8. Reevell discloses that the first and second receiving openings are positioned side-by-side in the device housing 1 in a common plane ([0064]; Figures 1-12).
Claims 9 and 10. Reevell discloses a mouthpiece 2 (cover) which is connected to the housing 1 in a hinged manner (movable between a first position and a second position). In the closed position (first position), the mouthpiece 2 covers both openings of the receiving chambers and both solid substrate containing rods 30,31 accommodated in the receiving chambers ([0081]-[0082]; Figures 13 and 14).
Claims 11 and 12. Reevell discloses that the first and second receiving openings are positioned side-by-side in the device housing 1 such that the longitudinal axis of the first and second receiving chambers are parallel with each other and also parallel to the longitudinal axis of the device housing 1 ([0064]; Figures 1-12).
Claims 13 and 14. Reevell discloses that each receiving chamber is provided with a heating element 6, for example a resistively heatable heating element, for heating the solid substrate containing rod 30,31 accommodated in the respective receiving chamber 10, 11. The heating elements extend around the circumference of the receiving chambers for a homogeneous heating of the tobacco rods 30,31 ([0069]; Figure 5).
Claim 18. Reevell discloses the aerosol-generating system of claim 1 and solid substrate containing rods 30,31 (first and second consumables) ([0064]; Figures 1-12).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0387799).
Claim 3. Reevell discloses the device of claim 2 wherein the first chamber diameter may be larger than the second chamber diameter or vice versa. Accordingly, differently sized solid substrate containing rods (first and second consumables) may be accommodated in the first and in the second receiving chamber ([0043]; Figures 11 and 12).
Reevell does not explicitly disclose that the first chamber comprises a shorter length than the second chamber. However, where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device (See MPEP §2144.04(IV)(A)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date that the first chamber may have a shorter length than the second chamber to accommodate a differently sized solid substrate containing rod.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2019/0387799) in view of Hopps (US 2015/0047662).
Claims 15-17. Reevell discloses the device of claim 14 but does not explicitly disclose that only one of the heating elements is operable at any given time.
Hopps discloses an aerosol generating device comprising two reservoirs, each arranged to contain a separate aerosol producing composition (Abstract). In operation, a user can operate the selector switch 14 (user operable input device) to determine which of the heating elements 31, 32 is activated, and as such select which liquid from which reservoir 20, 21 is heated to provide aerosol ([0036]; Figures 3a and 3b). The device comprises a control means (selector) for selectively controlling the heating of liquid from one or more of the reservoirs by the heater assembly (Claim 2).
Hopps teaches that by providing two reservoirs 20, 21 it is therefore possible for a user to select and adjust the aerosol that is inhaled to vary the flavour or composition in accordance with their particular needs at any moment or location ([0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the heating elements 6 of Reevell such that only one heating element is operable at a time in order to allow the user to vary the flavour or composition in accordance with their particular needs as taught by Hopps ([0036]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747