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 .
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.
Claims 1-11, 13, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Flora (US 20220039469) in view of Asakawa (US 3016691).
Regarding claim 1, Flora discloses an aerosol generating device configured to operate with a consumable article (see device 100 with aerosol-forming substrate 201, Fig. 1B, [0047]), comprising:
a heating chamber configured to receive and heat at least a part of the consumable article, the heating chamber comprising at least one moveable element (see heating chamber 200 with compression plate 234; [0086]).
Flora discloses a compression actuator 232 that is coupled to a compression plate which compresses at least a part of the consumable article when the article is within the heating chamber and when it is being heated ([0087-0090]).
Flora discloses the compression actuator may be any known type of linear actuator configured to induce linear movement of the compression plate ([0098]) and discloses an example of an electrically powered motor ([0105]). Flora does not disclose an expandable container containing a heat expandable material that causes movement of the compression plate. Regarding linear actuators, Asakawa discloses electric motors occupy considerable space and can be quite expensive for many uses (col 1, lines 13-24). As an alternative, Asakawa teaches a device for converting electrical energy into translational movement of a solid body wherein thermally expansible material is contained within an expandable container (Fig. 1; col 1, lines 10-12; col 2, lines 15-49; heating causes expansion of material 12 within container 4 causing linear movement of movable wall /piston 6). Asakawa discloses the device as relatively small, compact, simple, and inexpensive (col 1, lines 41-44).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the linear actuator of Flora with an expandable container containing heat expandable material since Flora discloses that any known type of linear actuator configured to induce linear movement of the compression plate can be used ([0098]) and Asakawa discloses a heat expandable device to provide translational mechanical movement while being relatively small, compact, simple, and inexpensive (col 1, lines 41-46; col 2, lines 15-49).
Regarding claim 2, the expandable material is sealed within the cylindrical sidewall 4/moveable end wall 6 of Asakawa (Fig. 1).
Regarding claims 3 and 4, Asakawa discloses polyethylene and paraffin (an alkane)(col 3, lines 8-10).
Regarding claim 5, Asakawa discloses materials such as polyethylene or paraffin as the heat expandable material (col 3, lines 8-10). These materials expand upon heating and thus are considered to be "configured to expand" at any phase of heating. Flora also discloses the device as applying compression before, during, and/or after heat generation in the chamber ([0049]).
Regarding claims 6 and 8, the moveable element in Flora (see compression plate 234 in Fig. 2B) forms an actuator configured to extend from a wall of the heating chamber (plate extends from side walls 202-2 of heat chamber). As to claim 8, the compression plate slides within a cavity of the heating chamber (see Fig. 2B, 4C).
Regarding claim 7, the moveable element forms a wall of the heating chamber (see compression plate 234) and is connected to actuator element 334 ([0105]; in the obviousness combination, the linear actuator element would be driven by the heat expandable container taught by Asakawa).
Regarding claim 9, the moveable wall 6 of Asakawa forms a wall of the expendable container and is construed here as part of the moveable element.
Regarding claim 10, the moveable element forms a wall of the heating chamber (see compression plate 234) and is in contact with a wall of the expandable container (in the combination, compression plate would be in contact with moveable wall 6 of Asakawa).
Regarding claims 11 and 17, expandable device in Flora is positioned between an external surface and the heating element 220 (Fig. 4A; Fig. 2C). The expandable device of Asakawa absorbs heat and is considered to be a thermal insulator.
Regarding claim 13, Flora discloses an extension axis between a closed end an open end wherein the moveable element moves substantially perpendicular to the chamber axis.
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Regarding claim 16, the actuator (moveable wall 6 in Asakawa) slides within a cavity of the cylinder wall 4 (see Fig. 1).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Flora (US 20220039469) in view of Asakawa (US 3016691) as applied to claim 1 above, and further in view of Sliger (US 3719085).
Regarding claim 12, Flora and Asakawa do not disclose an elastic wall or membrane able to change its shape due to expansion of the heat expending material; however, it would have been obvious to a person having ordinary skill in the art to provide a flexible membrane since Sliger, which similarly concerns a heat expandable actuator, teaches power elements with thermally expansible material are conventionally sealed with a flexible diaphragm to prevent leakage of the pressure producing material or introduction of contaminants into the element (col 1, lines 15-26).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Flora (US 20220039469) in view of Asakawa (US 3016691) as applied to claim 1 above, and further in view of Batley (US 2022/0322742).
Regarding claim 13, Flora is considered to disclose the chamber as recited; however, in the alternative, Batley is similarly directed towards an aerosol generating device and discloses providing multiple moveable compression elements such that there is an open and closed end at opposite sides of the chamber axis along with compression plates that move perpendicularly (see Fig. 2B, [0075-0076]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the aerosol generating device of Flora with heating chamber and moveable element construction as claimed since Batley discloses arranging a second moveable element opposite a first moveable element to provide two compression plates and allow for heating multiple vaporizable materials at the same time ([0075-0078], Fig. 2B).
Regarding claim 14, Flora does not disclose a heating blade arranges inside the heating chamber; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the heating element as a heating blade within the chamber since Batley, similarly directed towards an aerosol generating device, discloses a heating element in the form of a flat blade arranged within the heating chamber ([0080]). One would have been motivated to employ a blade that heats on both sides to allow for heating two different vaporizable material inserts ([0080]).
Regarding claim 15, Flora does not disclose two moveable elements facing each other. In the same field of endeavor of aerosol generating devices, Batley discloses a device that includes one or more compression plates and vaporizable materials ([0075-0076]). In particular, Batley discloses embodiments wherein two compression plates are arranged facing each other to compress and heat two vaporizable material inserts 120 at the same time ([0075-0076]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the aerosol generating device of Flora with two moveable elements facing each other in view of Batley's teaching to provide two compression plates facing each other ([0075-0078], Fig. 2B). One would have been motivated to enable the device to heat multiple vaporizable material inserts at the same time.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619