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 .
Election/Restrictions
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention of Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/17/2026.
The traversal is on the ground, “… However, the Examiner has not attempted to identify a technical feature, nor has the Examiner cited any prior art as a justification for the claims purportedly lacking a special technical feature”. This is not found persuasive because the technical feature of claim 1 is not a special technical feature, since Ruan CN109965350 and FREDERICK 20230389612 teaches the limitations of claim 1, see rejection below.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character 24 has been used to designate both electrical connection and stick, reference character 26 has been used to designate both plug and first end (in Fig. 6), and reference character 22 has been used to designate both air cavity and airflow (in Fig. 10).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one planar heater are mounted in series as claimed in claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-2, 8-9, 12-14 and 16 are objected to because of the following informalities.
Regarding claim 1, - - at least one planar support [[wall]]walls - -; - - at least one planar [[heater]]heaters - -; - - the at least one planar support [[wall]]walls - -; and - - at least one [[closure]]closures - -
Regarding claims 2, 8, and 16 - - the at least one planar [[heater]]heaters - -
Regarding claims 8-9 and 16, - - the at least one planar support [[wall]]walls - -
Regarding claims 12-13, - - the at least one [[closure]]closures - -
Regarding claim 14, - - at least one of the heating oven - -
Appropriate correction is required.
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.
Claims 2-4, 6-7, and 10 are 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.
Regarding claim 2 and its dependents, recitations of “a central cavity portion” and “a peripheral cavity portion” render the claim indefinite because it is unclear whether either of these claimed cavity portion refers to the previously claimed internal tubular cavity. The same rejection is also applied to terms “the central cavity portion” and “the peripheral cavity portion” in claims 2-3 and term “the central cavity portion” in claim 6.
Regarding claim 10, recitation “the at least one planar heaters are mounted in series or in parallel” is indefinite because: i) it is unclear whether term “the at least one planar heaters” refers to the at least one planar heater of each of the at least two planar support walls previously claimed in claim 9; or the at least one planar heater for one planar support wall of the at least two planar support walls previously claimed in claim 9; ii) due to the ambiguity of i), it is further unclear which planar heaters are required to be mounted in series (e.g., the at least one planar heaters of each of the at least two planar support walls comprising two planar heaters that are mounted in series) and which planar heaters are required o be mounted in parallel (e.g., the planar heater of a first planar support wall and the planar heater of a second planar support wall are mounted in parallel).
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.
Claims 1-2, 4, 7-14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ruan CN109965350 (provided by IDS).
Regarding claim 1, Ruan teaches the invention as claimed: A heating oven (18, Fig. 5) for an aerosol generating device (Figs. 7(a-b)) comprising:
- a tubular member (5 and 20, see Figs. 5-6) comprising a first end and a second end (annotated Fig. 5) and at least one planar support wall (comprising a planer wall and four guiding members, see annotated Fig. 2, configured to support 21, see Fig. 1, and a plurality of said planar support wall forms 7) extending across an internal tubular cavity (the inner space of 5, see Figs. 5-6) of the tubular member (5 and 20) between the first and second ends (annotated Fig. 5),
- at least one planar heater (21) attached to (see Fig. 1) the at least one planar support wall (comprising the planer wall and four guiding members, see annotated Fig. 2) comprising electrical connections (per [0048], 21 comprising resistance wire 24 and per [0062-0063], battery 15 provides electricity to the 21, and thus, electrical connections are requires in order for 21 to receive electricity from battery 15) extending through (per [0065] battery 15 may be place underneath of / parallel of 18, and thus, the required electrical connections are extending through the second end in annotated Fig. 5 in order to connect to the battery 15) the second end (annotated Fig. 5) of the tubular member (5 and 20) and,
- at least one closure (9) figured for at least partially closing the second end (annotated Fig. 5).
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Regarding claim 2, Ruan further teaches wherein the at least one planar heater (21) separates a central cavity portion (8 in Fig. 5, where tobacco 1 inserted into) of the tubular member (5 and 20, see Figs. 5-6) from a peripheral cavity portion (the space where insulation layer 6 is placed, see Figs. 5-6) of the tubular member (5 and 20, see Figs. 5-6).
Regarding claim 4, Ruan further teaches wherein each of the at least one planar heaters (each 21, see Figs. 1 and 3) comprises a plate (the plate of 21, see Figs. 1 and 3) and a heating element (resistance wire 24, see Figs. 1 and 3) attached thereto (per [0048-0049], 24 is printed on the plate).
Regarding claim 7, Ruan further teaches wherein the heating element (resistance wire 24, see Figs. 1 and 3) of each of the at least one planar heaters (each 21, see Figs. 1 and 3) faces (see Fig. 1 and 5-6) the peripheral cavity portion (the space where insulation layer 6 is placed, see Figs. 5-6).
Regarding claim 8, Ruan further teaches wherein the at least one planar support wall (comprising a planer wall and four guiding members, see annotated Fig. 2) comprises a pair of guiding members (the two guiding members marked in annotated Fig. 2), configured for insertion of (as shown in Fig. 1, 21 is inserted into the recess of each of the guiding members, one is marked in annotated Fig. 2 for demonstration) the at least one planar heater (21) therethrough.
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Regarding claim 9, Ruan further teaches wherein the at least one planar support wall (comprising a planer wall and four guiding members, see annotated Fig. 2 in claim 7) comprises at least two planar support walls (comprising six walls, see Figs. 2 and 6) extending across the internal tubular cavity (the inner space of 5, see Figs. 5-6) of the tubular member (5 and 20) between the first and second ends (annotated Fig. 5 in claim 1); each of the at least two planar support walls (each of the six walls) comprising at least one of the at least one planar heater (as shown in Fig. 1 a respective 21 is inserted into the respective four guiding members of each of the six walls).
Regarding claim 10, Ruan further teaches wherein the at least one planar heaters are mounted in parallel (interpreted as the planner heater of two respective planar support walls as marked in annotated Fig. 1 and per [0045], tube 23 is a regular hexagon shaped tube, and thus, the marked walls are parallel to each other).
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Regarding claim 11, Ruan further teaches wherein each of the at least one planar heaters (21) is resistive (per [0048], 21 comprising resistance wire 24 and per [0062-0063]).
Regarding claim 12, Ruan further teaches wherein the tubular member (5 and 20, Figs. 5-6) is made of high heat resistant plastic or metal (per [0058], 20 is a heat insulation member made of heat resistant plastic or metal).
Regarding claim 13, Ruan further teaches wherein the at least one closure (9) is a lid (per [0053] and Fig. 5, 9 is a cover that prevents excessive insertion of tobacco 1).
Regarding claim 14, Ruan further teaches An aerosol generating device (Figs. 7(a-b)) having at least one heating oven (18, Fig. 5).
Regarding claim 16, Ruan further teaches wherein the at least one planar support wall (comprising a planer wall and four guiding members, see annotated Fig. 2) comprises a pair of rails (annotated Fig. 2), configured for insertion of (as shown in Fig. 1, 21 is inserted into the recess of each of the rails, one is marked in annotated Fig. 2 for demonstration) the at least one planar heater (21) therethrough.
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Claim 3 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ruan CN109965350 (provided by IDS), as evidenced by Saleem 20150040925.
Regarding claim 3, Ruan further teaches wherein the central cavity portion (8 in Fig. 5, where tobacco 1 inserted into) of the tubular member (5 and 20, see Figs. 5-6) is of higher volume than the peripheral cavity portion (the space where insulation layer 6 is placed, see Figs. 5-6, and per [0055], insulation layer 6 is a vacuum insulation board, as evidenced by Saleem, a vacuum insulation board is known of having a thin thickness, such as approximately 0.1 mm, see [0100]).
(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.
Claims 1-2, 4, and 6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by FREDERICK 20230389612.
Regarding claim 1, FREDERICK teaches the invention as claimed: A heating oven (80) for an aerosol generating device (Figs. 7a-7c) comprising:
- a tubular member (a tubular wall that forms a space where a portion of 10, susceptor 12, and coils 86 and 88 are placed into, see annotated Figs. 7a and 7c) comprising a first end (annotated Fig. 7a) and a second end (annotated Fig. 7a) and at least one planar support wall (57 or 58 where susceptor 54 or 56 is attached to, see Figs. 6 and 7a) extending across an internal tubular cavity (the space where a portion of 10, susceptor 12, and coils 86 and 88 are placed into) of the tubular member (annotated Figs. 7a and 7c) between the first and second ends (annotated Fig. 7a),
- at least one planar heater (comprising planar susceptors 54 and 56 in Fig. 6 and planar coils 86 and 88 in [0331] and Figs. 7b-7c) attached to the at least one planar support wall (57 or 58 where susceptor 54 or 56 is attached to and 54 or 56 is part of the heater, see Figs. 6 and 7a) comprising electrical connections (in order to receive electrical current, coil 86 or coil 88 is required to comprise electrical connections and 86 or 88 is part of the heater) extending through (because power supply 84 and control circuitry 83 are placed underneath of 80, see Fig. 7b) the second end (annotated Fig. 7a) of the tubular member (annotated Figs. 7a and 7c) and,
- at least one closure (annotated Fig. 7a) configured for at least partially closing the second end (annotated Fig. 7a).
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Regarding claim 2, FREDERICK further teaches wherein the at least one planar heater (comprising planar susceptors 54 and 56 in Fig. 6 and planar coils 86 and 88 in [0331] and Figs. 7b-7c) separates a central cavity portion (between coils 86 and 88, see annotated Fig. 7c) of the tubular member (annotated Fig. 7c) from a peripheral cavity portion (between coil 86 and tubular member, see annotated Fig. 7c) the tubular member (annotated Fig. 7c).
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Regarding claim 4, FREDERICK further teaches wherein each of the at least one planar heaters (comprising planar susceptors 54 and 56 in Fig. 6 and planar coils 86 and 88 in [0331] and Figs. 7b-7c) comprises a plate (89) and a heating element (coil 86 or 88) attached thereto (see Figs. 7a-7b).
Regarding claim 6, FREDERICK further teaches wherein the heating element (coil 86 or 88) of each of the at least one planar heaters (comprising planar susceptors 54 and 56 in Fig. 6 and planar coils 86 and 88 in [0331] and Figs. 7b-7c) faces the central cavity portion (between coils 86 and 88, see annotated Fig. 7c in claim 2).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ruan CN109965350 (provided by IDS) in view of Hajaligol 5665262.
Regarding claim 5, Ruan further teaches wherein each of the at least one planar heaters (each 21, see Figs. 1 and 3) comprises a heater track (resistance wire 24, see Figs. 1 and 3) printed on a plate (per [0048-0049], 24 is printed on the plate of 21).
Ruan does not teach said heat track is printed on a ceramic or metal plate.
However, Hajaligol teaches wherein each of the at least one heaters (each 120, Figs. 5 and 11) comprises a heater track (122, per col. 19, ll. 63-67, 122 is printed) printed on a ceramic (layer 310) and metal body (300; Figs. 5 and 11 and col. 11, ll. 48-55).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Ruan with Hajaligol’s ceramic and metal body, such that
a heater track printed on a ceramic or metal plate (the modification is to form Ruan’s plate as a ceramic and metal plate as taught by Hajaligol, which read on the claimed limitation)
because it has been held to be within the general skill of a worker in the art to select a known material, i.e., ceramic and metal, on the basis of its suitability for the intended use, i.e., forming a plate that a heater track is printed on as taught by Hajaligol, as a material of obvious design choice, MPEP 2144.07.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Ruan CN109965350 (provided by IDS) in view of KIM 20200281273.
Regarding claim 17, Ruan does not teach the high heat resistant plastic is PEEK.
However, KIM teaches the high heat resistant plastic is PEEK ([0079]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Ruan with KIM’s PEEK as the high heat resistant plastic because it has been held to be within the general skill of a worker in the art to select a known material, i.e., PEEK, on the basis of its suitability for the intended use, i.e., as a high heat resistant plastic as taught by KIM, as a material of obvious design choice, MPEP 2144.07.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ruan CN109965350 (provided by IDS) in view of YOON 20220408821.
Regarding claim 18, Ruan does not teach the metal is stainless steel.
However, YOON teaches the metal (used to form a heat insulation member 130 in Fig. 6 and [0103]) is stainless steel ([0103]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide Ruan with YOON’s stainless steel to form a heat insulation member (Ruan’s 20) in order to provide a greater rigidity comparing to a non-metal material (YOON, [0103]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JINGCHEN LIU whose telephone number is (571)272-6639. The examiner can normally be reached 9:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer can be reached at (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JINGCHEN LIU/ /GERALD L SUNG/ Primary Examiner, Art Unit 3741 Examiner, Art Unit 3741
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