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 .
Status of the Claims
Claims 1-16 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/08/2025.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/08/2025.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 6, and 9 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Oh (US2020/0046028, cited in IDS dated 7/31/2023).
Regarding claim 1, Oh discloses:
A heating assembly for an aerosol generating device (heater 100, figure 24, [0048]), , comprising:
A heating chamber having an opening for receiving an aerosol substrate (main body 160 that has hollow portion 101 [0093], figure 9, that cigarette 10 may be inserted into, [0052], figure 24).
A coating of electrically insulating material that is formed on a surface of the heating chamber (cover layer 130 that may be formed of a material having an insulation property, [0086], figures 5-6).
A coating of electrically conductive material that at least partially coats the coating of electrically insulating material (electrode pattern 120 that is formed on the surface of cover layer 130 as shown in figures 5-6, [0059]), wherein the coating of electrically conductive material is configured to act as a Joule heater when supplied with electrical current (heat generated by the electrode pattern 120 when power is applied thereto, [0064]).
Wherein the coating of electrically insulating material prevents any contact between the coating of electrically conductive material and the heating chamber (as shown in figures 5-6, cover layer 130 is in between hollow portion 101 and the electrode pattern 120).
Regarding claim 2, Oh further discloses wherein the heating chamber is tubular (see figures 1-2, 5-6, and 24) and wherein the coating of electrically insulating material is formed on a circumferential surface of the heating chamber (as shown in figures 5-6).
Regarding claim 4, Oh further discloses wherein the coating of electrically conductive material is deposited on the coating of electrically insulated material by physical or chemical deposition (as the electrode pattern 120 and the cover layer 130 are sequentially formed on one surface of the support body 110 [0060], and as such the electrode pattern 120 is physically deposited on the cover layer 130).
Regarding claim 6, Oh further discloses wherein the coating of electrically conductive material is formed as a meandrous pattern on the coating of electrically insulating material (as shown in figure 7).
Regarding claim 9, Oh further discloses wherein the circumferential surface of the heating chamber on which the coating of electrically insulating material is formed is an outer surface of the heating chamber (as shown in figure 9).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh (US2020/0046028, cited in IDS dated 7/31/2023) as applied to claim 1 above, and further in view of Adams (US 5,878,752).
Regarding claim 3, Oh does not appear to explicitly disclose how the coating of electrically conductive material is bonded to the coating of electrically insulating material.
Adams, directed to an electrical smoking system, teaches:
A ceramic layer 310 (i.e. coating of electrically insulating material) is deposited on a metal sleeve 200 (i.e. coating of electrically conductive material) (Col. 15, lines 18-25).
Other deposition techniques are alternatively employed…a chemical type of bonding is preferred for bonding strength (Col. 16, lines 15-23). This defines wherein a coating of electrically conductive material is chemically bonded to a coating of electrically insulating material.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the heating assembly of Oh by using a chemical type of bonding for bonding the coating of electrically insulating material and the coating of electrically conductive material as taught by Adams, because both Oh and Adams are directed to electric smoking systems with a coating of an electrically insulating material and a coating of an electrically conductive material deposited onto each other, Adams teaches chemical bonding is preferred for bonding strength, and this merely involves incorporating a known way to bond a coating of an electrically insulating material and a coating of an electrically conductive material (i.e. chemical) to a similar heater assembly to yield predictable results.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh (US2020/0046028, cited in IDS dated 7/31/2023) as applied to claim 1 above, and further in view of Lee (US2022/0079238).
Regarding claim 5, Oh is silent to the material of the coating of electrically conductive material.
Lee, directed to a heater for an electronic cigarette, teaches:
A heat generating pattern with excellent conductivity that may be a metal material ([0043]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to make the coating of electrically conductive material of Oh be metal as taught by Lee, because both Oh and Lee are directed to electric smoking systems with a coating of an electrically conductive material, Lee teaches a metal has excellent conductivity, and this merely involves the selection of a known material based on its suitability for its intended use.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh (US2020/0046028, cited in IDS dated 7/31/2023) as applied to claim 1 above, and further in view of Wu (US2023/0337737).
Regarding claim 7, Oh further teaches that a shape of the electrode pattern 120 is not limited thereto, and the shape of the pattern portion 123 may be suitably changed according to a design condition [0083].
However, Oh does not appear to explicitly disclose wherein the coating of electrically conductive material is formed as an unbroken surface that entirely surrounds the coating of electrically insulating material in a circumferential direction of the heating chamber.
Wu, directed to a heater for a cigarette teaches:
An electrode film 12 that is a spiral and extends along the longitudinal direction of the base with a constant pitch (figure 6, [0065]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the electrode pattern of Oh to be spiral and extend along the longitudinal direction of the base as taught by Wu, because both Oh and Wu are directed to electrode patterns for heaters for aerosol generation devices, Oh teaches the shape of the electrode pattern may be changed according to a design condition, and this merely involves incorporating a known electrode pattern (i.e. spiral) to a similar aerosol generation heater to yield predictable results.
As the spiral pattern is continuous and wraps around the entire circumferential direction of the heating chamber, this reads on wherein the coating of electrically conductive material is formed as an unbroken surface that entirely surrounds the coating of electrically insulating material in a circumferential direction of the heating chamber.
Regarding claim 8, Oh further teaches that a shape of the electrode pattern 120 is not limited thereto, and the shape of the pattern portion 123 may be suitably changed according to a design condition [0083].
However, Oh does not appear to explicitly disclose wherein the coating of electrically conductive material is formed as a plurality of circumferentially spaced bands that extend in an axial direction of the heating chamber.
Wu, directed to a heater for a cigarette teaches:
An electrode film 12 that is separated into a first partial electrode film 121 and a second partial electrode film 122 ([0067]) and may be separated along the circumferential direction of the base ([0070]). The partial electrode films 121 and 122 define a plurality of circumferentially spaced bands that extend in an axial direction of the heating chamber.
This allows segmented heating to ensure the heating speed of the aerosol generation matrix, the uniformity of flavor volatilization and the taste of smoking [0067].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the electrode pattern of Oh to be formed as a plurality of circumferentially spaced bands that extend in an axial direction of the heating chamber as taught by Wu, because both Oh and Wu are directed to electrode patterns for heaters for aerosol generation devices, Oh teaches the shape of the electrode pattern may be changed according to a design condition, Wu teaches this allows segmented heating to ensure the heating speed, and this merely involves incorporating a known electrode pattern to a similar aerosol generation heater to yield predictable results.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh (US2020/0046028, cited in IDS dated 7/31/2023) as applied to claim 1 above, and further in view of Kim (US2023/0145477).
Regarding claim 11, Oh further teaches:
A first electrode (terminal 121) connected to a first end of the coating of electrically conductive material (end side of electrode pattern 120) and a second electrode (terminal 122) connected to a second end of the coating of electrically conductive material (other end side of electrode pattern 120, figure 3, [0081]) such that, in use, electrical current may flow from the first electrode to the second electrode via the coating of electrically conductive material ([0082]).
A shape of the electrode pattern 120 is not limited thereto, and the shape of the pattern portion 123 may be suitably changed according to a design condition [0083].
However, Oh does not appear to explicitly disclose wherein the first electrode is connected to a first axial end of the coating of electrically conductive material and the second electrode connected to a second opposing axial end of the coating of electrically conductive material.
Kim, directed to a heater assembly for an aerosol generating apparatus, teaches:
A coating of an electrically conductive material (heating element 20, [0096], figure 6).
A first electrode (30a) is connected to a first axial end of the coating of electrically conductive material (figure 6) and the second electrode (30 b) connected to a second opposing axial end of the coating of electrically conductive material (figure 6).
The electrode being arranged to extend in a circumferential direction of the heating element allows the heating element to uniformly heat the entire article [0009].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify first and second electrode of Oh to be connected to opposing axial ends of the electrically conductive material as taught by Kim, because both Oh and Kim are directed to electrodes for a heating material for an aerosol generating device, Kim teaches this allows the electrodes to be extend in a circumferential direction of the heating element and uniformly heat the entire article, and this merely involves incorporating a known way to configure electrodes to a similar heating material to yield predictable results.
Regarding claim 12, modified Oh further teaches wherein the first electrode and the second electrode are each formed as a ring that surrounds the heating chamber in a circumferential direction (Kim, the electrodes extending in a circumferential direction of the heating element [0049], and form a ring as shown in figure 7).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh (US2020/0046028, cited in IDS dated 7/31/2023) as applied to claim 1 above, and further in view of Huang (US2019/223259).
Regarding claim 13, Oh further teaches:
Wherein the heating assembly comprises local contacts of a third material disposed on the surface of the coating of electrically conductive material (terminals 121/122, [0081], figure 3).
The local contacts are configured to be connected to electrical wires (as shown in figure 9, [0091]).
Oh does not appear to disclose wherein the local contact are connected to the electrical wires using a brazing material.
Huang, directed to a heating element for an electronic cigarette, teaches:
Leads 7 (i.e. electrical wires) connected to bonding pads 5 (i.e. local contacts) with a brazing filler (i.e. brazing material) by a high-temperature brazing process [0017].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Oh by configuring the local contacts to be connected to the electrical wires using a brazing material as taught by Huang, because both Oh and Huang are directed to heaters for aerosol generating devices with local contacts connected to electrical wires, and this merely involves incorporating a known way to connect local contacts to electrical wires to a similar heating element to yield predictable results.
Claim(s) 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh (US2020/0046028, cited in IDS dated 7/31/2023) as applied to claim 1 above, and further in view of Reevell (WO2020/074612).
Regarding claim 14, Oh does not appear to explicitly disclose wherein the outer surface of the heating chamber has one or more recessed regions that extend in an axial direction of the heating chamber.
Reevell, directed to an aerosol generation device with a heating chamber, teaches:
A heating chamber (heating chamber 108) that has a coating of electrically conducting material (metallic layer 144) that is formed on a surface of the heating chamber (figure 6a, page 6, last paragraph).
The heating chamber 108 has a side wall 126 (page 7, fourth paragraph) and a plurality of protrusions 140 are formed in the inner surface of the side wall 126. The protrusions 140 are formed by indenting side wall 126 (page 9, last paragraph, and page 10, first paragraph). The indentation of the outer side wall 128 forming the protrusions (see figure 6a) defines an outer surface of the heating chamber having one or more recessed regions that extend in an axial direction of the heating chamber.
The protrusions hold a substrate carried in a central position within the heating chamber (page 9, last paragraph).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the heating chamber of Oh by incorporating the outer surface of the heating chamber having one or more recessed regions that extend in an axial direction of the heating chamber as taught by Reevell, because both Oh and Reevell are directed to aerosol generating devices with heating chambers for receiving a substrate, Reevell teaches this holds a substrate in a central position within the heating chamber, and this merely involves incorporating a known heating chamber element to a similar heating chamber to yield predictable results.
Regarding claim 16, modified Oh does not appear to explicitly disclose wherein the coating of electrically conductive material is formed coincident to the one or more recessed regions.
Reevell further teaches that the metallic layer 144 overlaps the whole length of the heating chamber 108 along which the protrusions/indentations 140 extend. This means that the protrusions 140 are heated by the thermally conductive effect of the metallic layer 144, which in turn allows the protrusions 140 to provide the conductive heating described above (page 25, last paragraph).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the coating of electrically conductive material of Oh to overlap the whole length of the heating chamber along which the protrusions extend as taught by Reevell, and thus the coating of electrically conductive material is formed coincident to the one or more recessed regions, because both Oh and Reevell are directed to aerosol generating devices with heating chambers with a coating of electrically conductive material for receiving a substrate, Reevell teaches this allows the recessed regions to provide heating, and this merely involves incorporating a known way to place an electrically conductive material to a similar heating chamber to yield predictable results.
Conclusion
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/N.A.S./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755