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 § 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) 1, 4, 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S Pub. No. 20180325179) and Mironov (U.S Pub. No. 20170079326).
Claim 1, Li discloses a heater assembly for an aerosol-generating device, the heater assembly comprising:
a heater (14, fig. 2) configured to heat an aerosol-generating article in an induction heating method and arranged to surround the aerosol-generating article;
a body (11, fig. 2) arranged to surround the aerosol-generating article;
a first cover coupled to a side of the body and comprising a first hole for receiving the aerosol-generating article (by reference sign 12, fig. 2); and a second cover coupled to another side of the body and comprising a second hole for receiving a power line for supplying power to the heater (bottom of fig. 2 and [0025]), wherein an accommodating space (chamber [0011-0012 and 0025] for accommodating the aerosol-generating article is formed by the first cover, the body, and the second cover.
Li does not expressly discloses a shielding portion arranged between the body and the heater. Mironov discloses a heater assembly with a shielding portion (17, fig. 2) arranged between the body (by reference sign 103, fig. 2) and the heater (15, fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to add a shielding portion as taught by Mironov to the device of Li for shielding function.
The combination of Li and Mironov taken together as a whole teaches/suggests the first cover, the body, the second cover, and the shielding portion completely surround the heater and provide a physical barrier configured to inhibit heat from being discharged outside (see fig. 2 of Li and Mironov).
Regarding claim 4, Li the first cover comprises: a first cover body comprising an insertion hole into which the aerosol-generating article is to be inserted; and a first protruding member protruding from the first cover body and including a coupling hole for receiving a coupling member for coupling the first cover to the aerosol-generating device (by reference sign 12, fig. 2).
Regarding claim 10, Li discloses a lower sealing coupled to the second cover, wherein the second cover comprises an inner surface facing a second hole for supplying power to the heater (bottom of fig. 2 and [0025]), and the lower sealing comprises a first sealing that fills the second hole by contacting the inner surface of the second cover [0013 and 0034].
Claim 11, Li discloses the sealing element preventing solid tobacco material or tobacco liquid from infiltrating [0034]; therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the first sealing is inserted into the second hole by an interference fit manner.
Regarding claim 12, Li discloses a first sealing body inserted into the second hole; a first penetration groove formed in the first sealing body such that a portion of the heater penetrates through the first penetration groove; and a second penetration groove formed in the first sealing body apart from the first penetration groove such that a portion of the sensor penetrates through the second penetration groove (see fig. 2 and [0025].
Regarding claim 13, Li discloses the second cover further comprises an outer surface opposite to the inner surface, and the lower sealing further comprises a second sealing arranged at an outer surface of the second cover [0013 and 0034].
Regarding claim 14, Li discloses a supporter arranged in the heater and supporting the heater (see fig. 2 and [0025].
Claim(s) 2-3 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S Pub. No. 20180325179) and Xu et al. (CN 112203533).
Regarding claim 2, Li does not expressly discloses a cover insulation member. Xu discloses a cover insulation member extending in a length direction of the heater and arranged between the heater and the body (Abstract, 150, fig.1); therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the first cover of Li comprises a cover insulation member extending in a length direction of the heater and arranged between the heater and the body as taught by Xu to provide insulation.
Regarding claim 3, Xu the cover insulation member partially surrounds the heater (Abstract and fig. 1).
Regarding claim 15, the combination of Li and Xu taken together as a whole discloses an aerosol-generating device comprising: a heater assembly (as discussed above for claim 1), a battery (Xu discloses lithium ion battery) configured to supply power to the heater assembly; and a controller configured to control operations of the heater assembly ([0032 and fig. 3 of Li).
Claim(s) 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S Pub. No. 20180325179) and Mironov (U.S Pub. No. 20170079326) as applied to claim 1 above and further in view of Fernando et al. (U.S Pub. No. 20160302488).
Claim 5, Fernando discloses a heater assembly comprises a detector (corresponding to the claimed antenna) arranged inside the body and surround at least a portion of the heater, capable of detecting the presence of aerosol-generating device in an accommodating space (Abstract and [0097]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the heater assembly of Li comprising an antenna arranged inside the body to surround at least a portion of the heater and configured to recognize whether the aerosol-generating device is accommodated in the accommodating space as taught by Fernando.
Regarding claim 6, Fernando discloses the antenna comprises an antenna body extending in a length direction of the heater and surrounding at least a portion of the heater [0097], and the combination of Li, Mironov and Fernando taken together as a whole discloses the first cover comprises a cover insulation member extending in the length direction and arranged at a position corresponding to the antenna body. Furthermore, rearrangement of parts that would not have modified the operation of the device were held unpatentable (See In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950))
Regarding claim 7, Li discloses the assembly further comprising a sensor arranged inside the body and configured to sense a temperature of the heater [0025], it would have been obvious to one of ordinary skill in the art to arrange the sensor so that it can penetrate through the antenna to monitor the temperature of the heater.
Regarding claim 9, Li discloses a sensor arranged inside the body and configured to sense a temperature of the heater [0025]; it would have been obvious to one of ordinary skill in the art to arrange the sensor so that it can penetrate through a portion of the shielding portion to monitor the temperature of the heater.
Response to Arguments
Applicant’s arguments filed 4/6/2026 have been considered but are moot in view of the new ground of rejection.
Conclusion
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 PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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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.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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