DETAILED ACTION
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.
Claims 1, 6-8, 11-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over KR102330300B1 in view of Kim (KR102029225B1).
Claims 1 and 11, KR102330300 (i.e. KR300) teaches an aerosol generating device 100 for generating an aerosol by heating a cigarette 200, the aerosol generating device comprising:
●a provided pipe 131 comprising an opening into which the cigarette is inserted, a first
surface (the inner surface) enclosing at least a partial region of an outer circumferential surface of the cigarette 200 when the cigarette 200 is inserted, and a second surface (the outer surface) opposite to the first surface;
●a heater 133 provided on the second surface of the pipe 131 and configured to heat
the pipe 131; and
●a provided insulating layer 132a placed next to the second surface of the pipe 131
and configured to provide electrical insulation and arranged between the heater 133 and the second surface of the pipe 131
●wherein the heater 133 comprises a heating material (“printed” in claim 1 refers to how the heating material is applied and is not considered to provide a structural feature to the claimed structure – i.e. the aerosol generating device) directly on insulating layer 132a in a pattern enclosing at least a partial region of the second surface of the pipe 131 (Abstract; page 3, paragraphs 5-7; page 7, paragraphs 7-8; page 8, paragraphs 3-4; Figures 2, 6 and 7). Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
Claim 1, KR300 does not teach that the heating material is a heating wire. Claim 11, KR300 does not teach that the heating material is a heating wire which is printed.
However, it is conventional and well-known in the art that such a heating material, as illustrated by KR300, may be in the form of a printed heating wire – as demonstrated by Kim, for example. Kim teaches a heater (comprising at least body 10) for a cigarette type electronic tobacco heater. Kim provides a heater pattern 20 comprising being in the form of a printed wire which allows one the ability to improve upon the heating process (Abstract; page 3, paragraphs 4-6 and 12-13; page 4, paragraphs 8-10).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to have provided in KR300 that the heating material is a printed heating wire in that it is conventional and well-known in the art that such a heating material may be in the form of a printed heating wire – as demonstrated by Kim – which Kim teaches allows one the ability to improve upon the heating process.
Claims 1 and 11, KR300 does not teach a groove inwardly formed on the second surface.
Kim teaches a heater (comprising at least body 10) for a cigarette type electronic tobacco heater. Kim provides a heater pattern 20 comprising being in the form of a printed wire (Abstract; page 3, paragraphs 4-6 and 12-13; page 4, paragraphs 8-10). The outer surface of the heater comprises a groove inwardly formed for placement of a temperature sensor 40 therein (page 3, paragraph 11). The temperature sensor 40 allows one to control the temperature of the heater (Abstract).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to have provided in KR300 a groove inwardly formed on the second surface for receiving a temperature sensor in the Kim teaches that such allows one to control the temperature of the heater.
Claims 6 and 15, KR300 teaches a layer 132b (“coating” and “deposited” in claim 6 each refer to how the layer is applied and are not considered to provide structural features to the claimed structure – i.e. the aerosol generating device) on the second surface of the pipe 131 and the printed heating wire (page 8, paragraph 6). The layer 132b is an insulation layer which may be coated/deposited thereon (page 7, paragraphs 10-11).
Claims 7 and 12, KR300 teaches that the insulating layer 132a is stacked on substantially an entire region of the second surface of the pipe 131.
Claims 8 and 13, KR300 teaches that the insulating layer 132a is on a partial region of the second surface of the pipe 131, the partial region corresponding to a part of the pattern in which the printed heating wire is present (“printed” in claim 8 refers to how the heating material is applied and is not considered to provide a structural feature to the claimed structure – i.e. the aerosol generating device).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over KR102330300B1 in view of Kim (KR102029225B1), as applied to claims 1, 6-8, 11-13, and 15 above, and further in view of Thorens (EP 2399636A1) and Nettenstrom (WO 2016/012811 A).
Claim 2, KR300 teaches a heating electrode 134 connecting to the heating pattern to a power supply 110. The heating electrode 134 corresponds to electrical connection terminals (i.e. the heater 133 comprises a plurality of terminals comprising a first terminal and a second terminal) that provide the power supplied from the power supply unit 110 to the heating pattern (page 8, paragraph 5).
Claim 2, KR300 does not teach a connector between the first and second terminals and the power supply unit 110.
However, such connectors are conventional and well-known in the art – as demonstrated by Thorens, for example. Thorens teaches a connector 209 between a power supply unit 107 and a heating 119 with terminals therebetween; and, Thorens also teaches that the connector may be absent (paragraphs 89-94). Also, Nettenstrom teaches a printed circuit board 160 as a connector between a power supply 150 and a heater 30 -- in an electronic vaporizer (page 4, paragraph 6; page 5, paragraphs 1-2).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to have provided a connector between the first and second terminals and the power supply unit 110, as a printed circuit board, in that such connectors are conventional and well-known in the art – as demonstrated by Thorens and Nettenstrom – where it is obvious to replace one connection type (that of KR300) with another art recognized alternative connection type (that of Nettenstrom and Thorens – use of a printed circuit board connector).
Claim 3, in KR300 modified the heating wire comprises one end portion connected to the first terminal and another end portion connected to the second terminal, the other end portion being opposite to the one end portion.
Allowable Subject Matter
Claims 4-5 are allowed.
Claims 9-10 are 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.
Claim 14 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.
The following is a statement of reasons for the indication of allowable subject matter: claim 4, the closest prior art of record to KR300 (as modified above and herein) teaches that the aerosol generating device 100 comprises a power supply unit 110 connected to the connector (which has a body) and configured to supply the power to the heater 133 wherein the connector comprises: a first connector terminal connected to the first terminal; a second connector terminal connected to the second terminal; and a third connector terminal connected to the power supply unit 110. However, KR300, alone or in combination with the other prior art of record, does not teach or fairly suggest that the body is made of a flexible printed circuit board (FPCB) extending from the third connector terminal to the first connector terminal and the second connector terminal.
The following is a statement of reasons for the indication of allowable subject matter: claim 9, the closest prior art of record to KR300, alone or in combination with the other prior art of record, does not teach or fairly suggest that the inwardly formed groove corresponds to the pattern in which the heating wire is present (“printed” in the claim refers to how the heating material is applied and is not considered to provide a structural feature to the claimed structure – i.e. the aerosol generating device).
The following is a statement of reasons for the indication of allowable subject matter: claim 14, the closest prior art of record to KR300 modified by Kim, in combination with the other prior art of record, does not teach or fairly suggest that before the placing of the pipe, forming, on the outer surface of the pipe, a groove inwardly formed to correspond to the pattern in which the heating wire is printed.
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).
Conclusion
The amendments and comments filed 7-9-26 have been entered and fully considered – the results of which are provided herein.
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 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
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