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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 15, 2026 has been entered.
Status of the Claims
Claims 1-12, and 14 are pending and are subject to this Office Action. Claims 1-6 are withdrawn. Claims 7 and 14 are amended. Claim 13 is cancelled.
Response to Amendments
The amendments to the specification and the claims filed on May 15, 2026 are acknowledged.
Response to Arguments
Applicant' s arguments, see pgs 5-6, filed May 15, 2026, with respect to the rejection(s) of claims 7-14 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 7 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “wherein the first waterproof film and the second waterproof film are attached to each other such that the insulation sheet is not exposed to an outside of the insulation material.” The previously applied reference, Squires, only discloses that the exterior film layers are attached to each other along two machine direction edges, while the two cross machine direction edges are unattached (Squires, [0114]-[0118], Fig. 11). Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference. The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7-8, 10, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hupkes (US 2023/0165309 A1) in view of Stude (US 2021/0074960 A1) and Hiemeyer (US 2013/0149481 A1).
Regarding Claim 7, Hupkes, directed to insulation materials ([0006]-[0008]), teaches an aerosol generating device ([0039], Figs. 1-2; Aerosol generating device 100) comprising
an accommodating space for accommodating an aerosol generating article ([0039], Figs. 1-2; Aerosol generating device 100 comprises heater arrangement 1 including a tubular heating chamber 10 comprising a cavity 11 (accommodating space) arranged to receive an aerosol generating article),
a heater configured to heat the aerosol generating article accommodated in the accommodating space ([0039]-[0041], Figs. 1-2; Heater arrangement 1 includes thin film heater 12 configured to heat the aerosol generating article accommodated in cavity 11 (accommodating space)); and
an insulating material arranged outside the heater and configured to prevent heat generated from the heater from being transferred to outside of the accommodating space ([0039], Figs. 1-2; A layer of insulation 20 (insulating material) is arranged outside thin film heater 12 and configured to prevent heat generated from the heater 12 from being transferred to outside of cavity 11),
wherein the insulating material comprises an insulation sheet ([0039], [0044], Figs. 1-2; A layer of insulation 20 (insulating material) comprises a sheet of aerogels or a ceramic fibre material),
but does not teach the aerosol generating device i) wherein the insulating material comprises a waterproof film arranged on at least one surface of the insulation sheet, the waterproof film comprises a first waterproof film arranged on a first surface of the insulation sheet and a second waterproof film arranged on second surface of the insulation sheet; and ii) the surface arranged on the first surface of the insulation sheet and the surface arranged on the second surface of the insulation sheet are attached to each other at an edge of the first water proof film and the second water proof film, wherein the first waterproof film and the second waterproof film are attached to each other such that the insulation sheet is not exposed to an outside of the insulation material.
With respect to i), Stude, directed to insulating materials ([0001]), teaches an insulating material for thermal insulation of an electronic component ([0001], [0064]-[0068], Fig. 1A; Heating insulation element 1) comprising
an insulation sheet ([0064]-[0080], Fig. 1A; Heating insulation element 1 comprises two fibre layers 5 separated by an interlayer 6. Either of the two fibre layers can be regarded as the insulation sheet because the fibers are heat resistant) and
a waterproof film arranged on at least one surface of the insulation sheet ([0064]-[0080], Fig. 1A; Heating insulation element 1 comprises cover layers 2, 3 arranged on at least one surface of each fibre layer 5. Interlayer 6 arranged on at least one surface of each fibre layer 5. [0081], Cover layers 2, 3 may have a film-like thickness of 0.05 to 0.15 mm. [0021], Cover layers 2, 3 may be waterproof layers formed from polyimide. [0079], Interlayer 6 is similarly formed from polyimide),
the waterproof film comprises a first waterproof film arranged on a first surface of the insulation sheet and a second waterproof film arranged on second surface of the insulation sheet ([0064]-[0080], Fig. 1A; Heating insulation element 1 comprises cover layers 2, 3 arranged on at least one surface of each fibre layer 5. Interlayer 6 arranged on at least one surface of each fibre layer 5. [0021], Cover layers 2, 3 may be waterproof layers formed from polyimide. [0079], Interlayer 6 is similarly formed from polyimide. Layers 2, 3, and/or 6 can be regarded as the first or second layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the insulating material of Hupkes with the insulating material of Stude such that the insulating material comprises an insulation sheet and a waterproof film arranged on at least one surface of the insulation sheet because Hupkes and Stude are directed to insulating materials, Stude demonstrates that the insulation material is suitable for thermal insulation of an electronic component (Stude, [0001]), Stude demonstrates that the insulation material is waterproof and gas-tight thus ensuring efficient thermal insulation even in humid and/or gaseous environments (Stude, [0021]), and this involves substituting one insulating material for another to yield predictable results.
With respect to ii), Hiemeyer, directed to insulation materials ([0001]), teaches an insulating material ([0075]-[0076], Figs. 1-3; Thermal insulation element 1) comprising
an insulation sheet ([0075]-[0086], Figs. 1-3; Thermal insulation element 1 comprises a core 2 (insulation sheet) having insulative properties and a sheet like form); and
a first film arranged on a first surface of the insulation sheet and a second film arranged on second surface of the insulation sheet ([0075]-[0086], Figs. 1-3; Thermal insulation element 1 comprises a first barrier film 8 arranged on the main surface 3 of core 2 (insulation sheet), and a second barrier film 13 on the opposite main surface 4 of the core 2),
wherein the surface arranged on the first surface of the insulation sheet and the surface arranged on the second surface of the insulation sheet are attached to each other at an edge of the first film and the second film such that the insulation sheet is not exposed to an outside of the insulation material ([0012], [0075]-[0086], Figs. 1-3; The surface of first barrier film 8 arranged on the main surface 3 and the surface of second barrier film 13 on the opposite main surface 4 are attached to each other at the circumferential edge of the first barrier film 8 and the second barrier film 13 to form a seal. Fig. 3 shows that sealing seam 15 surrounds all edges of the element 1. Core 2 (insulation sheet) is completely surrounded by barrier films 8/13 such that core 2 is not exposed to an outside of thermal insulation element 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the insulating material of Hupkes in view of Stude wherein the surface arranged on the first surface of the insulation sheet and the surface arranged on the second surface of the insulation sheet are attached to each other at an edge of the first water proof film and the second water proof film such that the insulation sheet is not exposed to an outside of the insulation material similarly taught by Hiemeyer because Hupkes, Stude, and Hiemeyer are directed to insulating materials, Hiemeyer demonstrates that attaching the surface arranged on the first surface of the insulation sheet and the surface arranged on the second surface of the insulation sheet to each other at an edge of the first film and the second film advantageously increases the dimensional stability of the insulation sheet (Hiemeyer, [0012]), and this involves modifying an insulating material in a predictable manner to improve the stability of the insulation sheet.
Regarding Claim 8, Hupkes in view of Stude and Hiemeyer teaches the aerosol generating device of claim 7. Hupkes further teaches the device wherein the insulating material contacts an end portion of the heater in a longitudinal direction of the heater ([0039]-[0041], Figs. 1-2; The layer of insulation 20 (insulating material) contacts an end portion of thin film heater 12 in a longitudinal direction of the heater 12).
Regarding Claim 10, Hupkes in view of Stude and Hiemeyer teaches the aerosol generating device of claim 7. Stude further teaches the device wherein the insulation sheet has a porous structure formed by insulating fibers ([0064]-[0080], Fig. 1A; Heating insulation element 1 comprises two heat resistant (insulating) fibre layers 5 (insulation sheets). [0072], One or each fibre layer 5 is preferably formed from a needled and/or bonded nonwoven. For the purposes of the present invention, the term “needled nonwoven” is preferably to be understood as a textile fabric, the fibres of which are randomly intertwined and thereby bonded by dry needling and/or needling without binder and/or melting beads. It is reasonably understood that the needled nonwoven fibre layers 5 would necessarily comprise pores or interstices between the fibres).
Regarding Claim 12, Hupkes in view of Stude and Hiemeyer teaches the aerosol generating device of claim 7. Stude further teaches the device wherein a thickness of the insulation sheet is about 0.05 mm to about 1 mm ([0033], Fig. 1A; The heat insulation element 1 is between 2 mm and 3 mm thick. [0068], Fig. 1A shows that the two fibre layers 5 (insulation sheets) are about the same thickness. [0081], Cover layers 2, 3 may have a film-like thickness of 0.05 to 0.15 mm. Based on the disclosures in the above citations, there must be embodiments of Stude wherein each fibre layer 5 has a thickness of about 0.05 mm to about 1 mm).
The range for the thickness of the insulation sheet reasonably suggested by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 14, Hupkes in view of Stude and Hiemeyer teaches the aerosol generating device of claim 7 Stude further teaches the device wherein the first waterproof film and the second waterproof film comprises at least one material selected from the group consisting of polyimide (PI) ([0064]-[0080], Fig. 1A; Heating insulation element 1 comprises cover layers 2, 3 arranged on at least one surface of each fibre layer 5. Interlayer 6 arranged on at least one surface of each fibre layer 5. [0021], Cover layers 2, 3 may be waterproof layers formed from polyimide. [0079], Interlayer 6 is similarly formed from polyimide).
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Zeng (US 2020/0205475 A1) in view of Stude (US 2021/0074960 A1) and Hiemeyer (US 2013/0149481 A1).
Regarding Claim 7, Zeng, directed to insulation materials ([0007]-[0011], Fig. 1; The device comprises a thermal insulation layer 31), teaches an aerosol generating device ([0007]-[0011], Fig. 1 shows a device capable of automatically igniting or heating a cigarette. Heating a cigarette generates an aerosol, as would be known to one of ordinary skill in the art) comprising
an accommodating space for accommodating an aerosol generating article ([0007]-[0011], Fig. 1; Device 100 comprises electric heating chamber (22) defining an accommodating space for accommodating a cigarette (aerosol generating article)),
a heater configured to heat the aerosol generating article accommodated in the accommodating space ([0007]-[0011], Fig. 1; Electric heating chamber (22) itself is an electric heating element (heater), or a side wall of the electric heating chamber is provided with other electric heating elements in order to achieve the electric heating function. The heater or heaters heat the cigarette accommodated in the accommodating space); and
an insulating material arranged outside the heater and configured to prevent heat generated from the heater from being transferred to outside of the accommodating space ([0007]-[0011], Fig. 1; Thermal insulation layer 31 (insulating material) is arranged outside the electric heating chamber 22 (heater) and configured to prevent heat generated from the heater from being transferred to outside of the accommodating space),
wherein the insulating material comprises an insulation sheet ([0007]-[0011], Fig. 1; Thermal insulation layer 31 (insulating material) comprises a sheet of an insulating material),
but does not teach the device i) wherein the insulating material comprises a waterproof film arranged on at least one surface of the insulation sheet, the waterproof film comprises a first waterproof film arranged on a first surface of the insulation sheet and a second waterproof film arranged on second surface of the insulation sheet; and ii) the surface arranged on the first surface of the insulation sheet and the surface arranged on the second surface of the insulation sheet are attached to each other at an edge of the first water proof film and the second water proof film, wherein the first waterproof film and the second waterproof film are attached to each other such that the insulation sheet is not exposed to an outside of the insulation material.
Stude, directed to insulating materials ([0001]), teaches an insulating material for thermal insulation of an electronic component ([0001], [0064]-[0068], Fig. 1A; Heating insulation element 1) comprising
an insulation sheet ([0064]-[0080], Fig. 1A; Heating insulation element 1 comprises two fibre layers 5 separated by an interlayer 6. Either of the two fibre layers can be regarded as the insulation sheet because the fibers are heat resistant) and
a waterproof film arranged on at least one surface of the insulation sheet ([0064]-[0080], Fig. 1A; Heating insulation element 1 comprises cover layers 2, 3 arranged on at least one surface of each fibre layer 5. Interlayer 6 arranged on at least one surface of each fibre layer 5. [0081], Cover layers 2, 3 may have a film-like thickness of 0.05 to 0.15 mm. [0021], Cover layers 2, 3 may be waterproof layers formed from polyimide. [0079], Interlayer 6 is similarly formed from polyimide).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the insulating material of Zeng with the insulating material of Stude such that the insulating material comprises an insulation sheet and a waterproof film arranged on at least one surface of the insulation sheet because Zeng and Stude are directed to insulating materials, Stude demonstrates that the insulation material is suitable for thermal insulation of an electronic component (Stude, [0001]), Stude demonstrates that the insulation material is waterproof and gas-tight thus ensuring efficient thermal insulation even in humid and/or gaseous environments (Stude, [0021]), and this involves substituting one insulating material for another to yield predictable results.
With respect to ii), Hiemeyer, directed to insulation materials ([0001]), teaches an insulating material ([0075]-[0076], Figs. 1-3; Thermal insulation element 1) comprising
an insulation sheet ([0075]-[0086], Figs. 1-3; Thermal insulation element 1 comprises a core 2 (insulation sheet) having insulative properties and a sheet like form); and
a first film arranged on a first surface of the insulation sheet and a second film arranged on second surface of the insulation sheet ([0075]-[0086], Figs. 1-3; Thermal insulation element 1 comprises a first barrier film 8 arranged on the main surface 3 of core 2 (insulation sheet), and a second barrier film 13 on the opposite main surface 4 of the core 2),
wherein the surface arranged on the first surface of the insulation sheet and the surface arranged on the second surface of the insulation sheet are attached to each other at an edge of the first film and the second film such that the insulation sheet is not exposed to an outside of the insulation material ([0012], [0075]-[0086], Figs. 1-3; The surface of first barrier film 8 arranged on the main surface 3 and the surface of second barrier film 13 on the opposite main surface 4 are attached to each other at the circumferential edge of the first barrier film 8 and the second barrier film 13 to form a seal. Fig. 3 shows that sealing seam 15 surrounds all edges of the element 1. Core 2 (insulation sheet) is completely surrounded by barrier films 8/13 such that core 2 is not exposed to an outside of thermal insulation element 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the insulating material of Zeng in view of Stude wherein the surface arranged on the first surface of the insulation sheet and the surface arranged on the second surface of the insulation sheet are attached to each other at an edge of the first water proof film and the second water proof film such that the insulation sheet is not exposed to an outside of the insulation material similarly taught by Hiemeyer because Zeng, Stude, and Hiemeyer are directed to insulating materials, Hiemeyer demonstrates that attaching the surface arranged on the first surface of the insulation sheet and the surface arranged on the second surface of the insulation sheet to each other at an edge of the first film and the second film advantageously increases the dimensional stability of the insulation sheet (Hiemeyer, [0012]), and this involves modifying an insulating material in a predictable manner to improve the stability of the insulation sheet.
Regarding Claim 9, Zeng in view of Stude and Hiemeyer teaches the aerosol generating device of claim 7. Zeng further teaches the device wherein the insulating material is arranged between the heater and an outer housing of the aerosol generating device ([0007]-[0011], Fig. 1; Thermal insulation layer 31 (insulating material) is arranged between heating chamber 22 (heater) and an outer housing of the aerosol generating device), and
the heater and the insulating material are arranged apart from each other ([0007]-[0011], Fig. 1; Thermal insulation layer 31 (insulating material) and heating chamber 22 (heater) are arranged apart from each other to form an air chamber 32 therebetween).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hupkes (US 2023/0165309 A1) in view of Stude (US 2021/0074960 A1) and Hiemeyer (US 2013/0149481 A1), as applied to Claim 7, and further in view of Erb (US 2003/0148693 A1).
Regarding Claim 11, Hupkes in view of Stude and Hiemeyer does not teach the aerosol generating device wherein the insulation sheet comprises a polyimide fiber.
Erb, directed to insulation materials ([0003]), teaches an insulating material ([0027], Fig. 1; Insulating fabric 30) comprising
an insulation sheet comprising a polyimide fiber ([0027], Fig. 1; Insulating fabric 30 comprises at least one lofty nonwoven batt 10 (insulation sheet) consisting of a blend of at least one type of organic fiber and a high performance inorganic fiber. [0034], The organic fibers may be polyimide).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the insulation sheet of Hupkes in view of Stude and Hiemeyer comprising a polyimide fibre as taught by Erb because Hupkes, Stude, Hiemeyer, and Erb are directed to insulating materials, Stude states that the insulation sheet comprises glass fibers, silicate fibers, or other heat-resistant fibres (Stude, [0073]), Erb demonstrates that polyimide fibers are heat-resistant (Erb. [0027], [0034]), and this involves substituting one heat-resistant fiber for another to yield predictable results.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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