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 13 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 13 is considered to be indefinite in that it is unclear if the limitation of “preferably polyether ether ketone (PEEK)” is actually required by the claim. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 13 recites the broad recitation of plastic material, and the claim also recites preferably polyether ether ketone which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 1-12 and 14 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: claim 1, the closest prior art of record to Courbat (WO 2019/030301 (A1)) teaches a heating apparatus for an aerosol generating device 100 comprising: a heating chamber 120 configured to receive at least part of an aerosol generating substrate 10 (pg18 Lns28-29; pg19 Lns12-21; Fig1), the heating chamber 120 comprising a chamber wall (Fig1); a plurality of inductively heatable susceptors 160 and 180 arranged circumferentially with respect to a longitudinal axis of the heating chamber 120 (pg20 Lns21-37). However, Courbat, alone or in combination with the other prior art of record, does not teach or fairly suggest that each susceptor has a substantially planar portion that defines a respective plane; and an inductive coil wrapped around the heating chamber, and shaped such that the coil is parallel to respective planes defined by the plurality of susceptors, wherein the chamber wall has a uniform thickness such that a spacing between the coil and each of the plurality of susceptors is substantially constant across the planar portion.
The following is a statement of reasons for the indication of allowable subject matter: claim 14, the closest prior art of record to Courbat (WO 2019/030301 (A1)) teaches an aerosol generating system heating apparatus having an aerosol generating device 100 and an aerosol generating substrate 10 and a heating chamber 120 configured to receive at least part of the aerosol generating substrate 10 (pg18 Lns28-29; pg19 Lns12-21; Fig1), the heating chamber 120 comprising a chamber wall (Fig1); a plurality of inductively heatable susceptors 160 and 180 arranged circumferentially with respect to a longitudinal axis of the heating chamber 120 (pg20 Lns21-37). However, Courbat, alone or in combination with the other prior art of record, does not teach or fairly suggest that each susceptor has a substantially planar portion that defines a respective plane; and an inductive coil wrapped around the heating chamber, and shaped such that the coil is parallel to respective planes defined by the plurality of susceptors, wherein the chamber wall has a uniform thickness such that a spacing between the coil and each of the plurality of susceptors is substantially constant across the planar portion.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Prior Art of Record
The following prior art is made of record: Rogan and Rojo-Calderon each teach a plurality of inductively heated susceptors in an aerosol generating device.
Conclusion
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.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745