DETAILED ACTION
Claim Rejections - 35 USC § 102
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, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 113662274).
Regarding claims 1 and 11, Zhang teaches an aerosol generating device [Fig. 1], comprising: a susceptor 3 configured to accommodate at least a portion of an aerosol generating article [page 3 of translation: “the inner space of the cylinder of the susceptor 3 is a heating chamber”]; and a sensor 9 configured to sense the aerosol generating article and positioned such that the sensor does not overlap the susceptor [page 3: “The circumference detecting sensor 9 is used for detecting the circumference size of the inserted cigarette”]. The aerosol generating device is provided in an aerosol generating system with the cigarette (aerosol generating article) and is configured to generate an aerosol from the aerosol generating article [page 7: “orders to heat the cigarette to generate aerosol for the consumer”].
Regarding claim 10, Zhang teaches [Fig. 1] a housing 1, wherein the housing comprises: a first end portion, which is open (top end); a second end portion, which is closed and opposite to the first end portion (bottom end); and a side portion between the first end portion and the second end portion, wherein the susceptor 3 comprises: a first opening (top end of susceptor 3) facing the first end portion; a second opening (bottom end of susceptor 3) facing the second end portion; and a side wall that provides the first opening and the second opening and positioned between the first opening and the second opening.
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, 2, 9-12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Fursa (US 2022/0240591) in view of Courbat (US 2022/0354182).
Regarding claims 1 and 11, Fursa teaches [Fig. 1] an aerosol generating device, comprising: an inductor 240 [0081], a receiving cavity 221 configured to accommodate at least a portion of an aerosol generating article [0080]; and a sensor 70 configured to sense the aerosol generating article [0088-0089] and positioned such that the sensor 70 does not overlap the inductor 240, as shown in Fig. 1. Fursa teaches the aerosol generating article comprises a susceptor [0064] but does not teach a susceptor configured to accommodate at least a portion of an aerosol generating article. Courbat teaches an aerosol generating device comprising a susceptor 14 configured to accommodate at least a portion of an aerosol generating article [Fig. 1; 0182-0183]. As this is an art recognized equivalent for an inductive heating arrangement, it would have been obvious to one of ordinary skill in the art to include in the device of Fursa a susceptor configured to accommodate at least a portion of an aerosol generating article to achieve the same, predictable result of heating the article and generating an aerosol. In modified Fursa, the location of the susceptor would align with the location of the inductor such that the sensor does not overlap the susceptor. The device of Fursa is included in an aerosol generating system comprising an aerosol generating article, wherein aerosol generating device configured to generate an aerosol from the aerosol generating article [0060, 0063].
Regarding claims 2 and 12, Fursa teaches [Fig. 1-5] a receiving cavity module 220 (housing), wherein the housing comprises: insertion opening 15 (first end portion, which is open) [0082]; a distal end 5 (second end portion, which is closed and opposite to the first end portion) [0085]; and a side portion between the first end portion and the second end portion, and the sensor is positioned adjacent to the second end portion [0090]. In modified Fursa, the location of the susceptor would align with the location of the inductor such that the susceptor is positioned adjacent to the first end portion.
Regarding claim 9, Fursa teaches [Fig. 1-5] a receiving cavity module 220 (housing), wherein the housing comprises: insertion opening 15 (first end portion, which is open) [0082]; a distal end 5 (second end portion, which is closed and opposite to the first end portion) [0085]; and a side portion between the first end portion and the second end portion, and a support body 74 positioned on the second end portion of the housing, the support body being configured to support the aerosol generating article, wherein the sensor is embedded in the support body [0096]. In modified Fursa, the support body would be configured to support the susceptor.
Regarding claim 10, Fursa teaches [Fig. 1-5] a receiving cavity module 220 (housing), wherein the housing comprises: insertion opening 15 (first end portion, which is open) [0082]; a distal end 5 (second end portion, which is closed and opposite to the first end portion) [0085]; and a side portion between the first end portion and the second end portion, and the sensor is positioned adjacent to the second end portion [0090]. In modified Fursa, as the receiving cavity would be partially formed by the susceptor, the susceptor would comprise a first opening facing the first end portion; a second opening facing the second end portion; and a side wall that provides the first opening and the second opening and positioned between the first opening and the second opening.
Regarding claim 15, Fursa teaches the aerosol generating article comprises a first segment comprising glycerin (moisturizing agent) and a tobacco medium [0063], and a third segment comprising a filter [0061]. Although Fursa does not teach a separate first and second segment, this configuration is known in the art as taught by Courbat [0216] and would have been obvious to one of ordinary skill in the art to apply to the article of Fursa to achieve predictable results, e.g. heating and aerosol generation of separate compositions.
Claims 3-6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fursa and Courbat as applied to claims 1 and 11 above, and further in view of Malgat (US 2021/0106046).
Modified Fursa does not teach the sensor comprises an electrode. Malgat teaches an aerosol generating device comprising an electrode for sensing an aerosol generating article [0079]. As this is an art recognized equivalent for sensing an aerosol generating article, it would have been obvious to one of ordinary skill in the art to use an electrode for the sensor of modified to achieve predictable results. It is not explicitly disclosed that the electrode has side surface extending in a circumferential direction, a substantially circular ring structure, semi-circular ring structure, or quarter-circular ring structure. However, absent evidence of criticality, the claimed limitations are merely change in shape or aesthetic design change. The courts have held changes in shape to be prima facie obvious, see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). One of ordinary skill in the art would appreciate that the electrode may have any shape that is compatible with the aerosol generating article.
Claims 7-8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fursa and Courbat as applied to claims 1 and 11 above, and further in view of Rothwell (US 2025/0344761).
Modified Fursa does not teach a ground portion electrically connected to the sensor. Rothwell teaches a refilling device for an article of an aerosol provision system [0002] comprising a ground portion electrically connected to the sensor [0273]. Fursa teaches [Fig. 1-5] a receiving cavity module 220 (housing), wherein the housing comprises: insertion opening 15 (first end portion, which is open) [0082]; a distal end 5 (second end portion, which is closed and opposite to the first end portion) [0085]; and a side portion between the first end portion and the second end portion, and the sensor is positioned adjacent to the second end portion [0090]. In view of Rothwell, the ground portion would be positioned on the second end portion of the housing.
Conclusion
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/ERIC YAARY/Examiner, Art Unit 1755
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