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
Applicant correctly pointed out the typo and assumed the following:
Group I, claim(s) 1-10, drawn to an aerosol-generating device.
Group II, claim(s) 10, drawn to an aerosol-generating system.
Group III, claim(s) 11-13, drawn to a method for generating aerosol.
Group IV, claim(s) 14, drawn to use of a hook structure to move an aerosol-generating article.
Claims 1-10 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected groups I-II and IV, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/20/2026.
Applicant's election with traverse of group III, claims 11-13 in the reply filed on 5/20/2026 is acknowledged. The traversal is on the ground(s) the flame-heating feature is a special technical feature that no cited reference has been identified to defeat this special technical feature. This is not found persuasive because group I-IV lack unity of invention because even though the inventions of these groups require the technical feature of flame-heating feature, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Avots et al. (U.S Pub. No. 20180272083). Avots discloses a method for generating aerosol using flame heating (Abstract).
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
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.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liao et al. (WO 20190228431) in view of Avots et al. (U.S Pub. No. 20180272083).
Regarding claim 11, Liao discloses a method for generating aerosol, comprising: generating aerosol by subjecting an aerosol-generating section of an aerosol-generating article to a heating temperature in a heating space of an axially extending heating chamber (fig. 7);
engaging the aerosol-generating section of the aerosol-generating article with a positioning mechanism; axially moving the aerosol-generating article with the positioning mechanism (150, figs, 7-8) such that the aerosol-generating section leaves the heating space and enters a storage space of a storage chamber extending coaxially with the heating chamber (fig. 8);
axially moving the aerosol-generating article with the positioning mechanism such that the aerosol-generating section leaves the storage space and enters the heating space (fig. 7),
wherein the heating space is heated to the heating temperature by a heater (111, figs. 7-8). Liao discloses the aerosol generating substance in the embodiments of the present application refers to a smoking substance, which is a substance that can generate odor and/or nicotine and/or smoke upon heating or burning, that is, a substance that can be atomized (page 5 of the translation). However Liao does not expressly discloses the heater using flame heating. Since Liao discloses the aerosol generating substance can generate aerosol upon heating or burning, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use flame heating because it is well-known to heat aerosol generating substance (as evidenced by Avots) by flame heating/burning. The reference of Avots discloses a method for generating aerosol using flame heating (Abstract).
Regarding claim 12, Liao discloses wherein a hook structure (152, figs. 7-8) of the positioning mechanism is embedded in the aerosol-generating section of the aerosol-generating article to move the aerosol-generating article.
Regarding claim 13, Liao discloses wherein a spring element (153, fig. 8) biases the positioning mechanism towards moving the aerosol-generating article such that the aerosol- generating section leaves the heating space and enters the storage space.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 5712703882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHU H NGUYEN/Examiner, Art Unit 1747
Prosecution Insights