DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Status of the Claims
Claims 1-15 are pending. Claims 1-15 have been amended.
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 1-2 and 4-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (WO 2021/115339 A1, provided with IDS filed 1/22/2024, using US 2023/0346030 A1 as the English translation, as indicated on the IDS filed 1/22/2024).
Regarding claim 1, Wu disclose an induction heating assembly for an aerosol generating device (“aerosol generation device”, Fig. 2, ¶ 0053; using the specific susceptor and temperature sensor embodiment of Fig. 10), the induction assembly comprising:
a heating chamber for receiving at least part of an aerosol generating substrate (“a chamber, in which a smokable material A, for example, cigarette, is removably received”, Fig. 2, ¶ 0071);
an induction coil (“induction coil L”, Fig. 2, ¶ 0072) positioned externally of the heating chamber (see Fig. 2) for generating an electromagnetic field (“serving as a magnetic field generator”, ¶ 0072);
an inductively heatable susceptor (“susceptor 30d”, Fig. 10, ¶ 0091) positioned inside the heating chamber at a periphery thereof (compare “susceptor 30d” in Fig. 10 to “susceptor 30” positioned within the heating chamber in Fig. 2, ¶ 0073) and externally of the aerosol generating substrate (as a portion of the susceptor is external of the aerosol generating substrate, the susceptor is considered as positioned externally of the aerosol generating substrate; compare “base portion 32d” in Fig. 10 to “base portion 32” in Fig. 2), the inductively heatable susceptor being arranged with respect to the induction coil to be inductively heated by the generated electromagnetic field (“susceptor 30, which extends at least in part in the chamber and is configured to be inductively coupled with the induction coil L and to generate heat while being penetrated by the alternating magnetic field”, ¶ 0073); and
a temperature sensor (“sensing portion 41d” of “temperature sensor 40d”, Fig. 10, ¶ 0091) in thermal contact with the inductively heatable susceptor (see Fig. 10, compare to “temperature sensor 40” of Fig. 2 “which is packaged or accommodated and held within the susceptor 30 and is tightly pressed against the susceptor 30, and which senses in real time an operating temperature of the susceptor”, ¶ 0081),
wherein the inductively heatable susceptor has a geometric feature (“accommodation space 321d”, Fig. 10, ¶ 0091) arranged to shield the temperature sensor from the generated electromagnetic field (“the accommodation space 321d basically is magnetically isolated or shielded”, ¶ 0091).
Regarding claim 2, Wu discloses the induction heating assembly according to claim 1, as discussed above. Wu further discloses wherein the temperature sensor is received within the geometric feature (see Fig. 10).
Regarding claim 4, Wu discloses the induction heating assembly according to claim 1, as discussed above. Wu further discloses wherein the induction coil extends around the heating chamber (“the induction coil L is arranged on an outer wall of the tubular holder 50 in a spiral winding manner, and the tubular holder 50 is at least partially inside hollowed to form the chamber”, Fig. 2, ¶ 0080).
Regarding claim 5, Wu discloses the induction heating assembly according to claim 4, as discussed above. Wu further discloses wherein the heating chamber has a longitudinal axis defining a longitudinal direction (left-to-right direction in Fig. 2), the inductively heatable susceptor is elongate in the longitudinal direction of the heating chamber (compare the susceptor in Fig. 10 to the susceptor in Fig. 2), and the inductively heatable susceptor has an inner surface (see Fig. 10 below, annotated by examiner) and an outer surface (see Fig. 10 below, annotated by examiner).
PNG
media_image1.png
715
1113
media_image1.png
Greyscale
Figure 10, Annotated by Examiner
Regarding claim 6, Wu discloses the induction heating assembly according to claim 5, as discussed above. Wu further discloses wherein the heating chamber comprises a chamber wall (see rendering of Fig. 2 with the susceptor of Fig. 10 below, annotated by examiner, showing a state when an aerosol generating substrate is received in the heating chamber, and more specifically, a state when the aerosol generating substrate is partially received in the heating chamber) that defines an interior volume of the heating chamber (see rendering below), and wherein, when an aerosol generating substrate is received in the heating chamber, an inner air gap (see rendering below) is provided between the inner surface of the inductively heatable susceptor and the aerosol generating substrate (see rendering below) and an outer air gap (see rendering below) is provided between the outer surface of the inductively heatable susceptor and the chamber wall (see rendering below).
PNG
media_image2.png
691
1388
media_image2.png
Greyscale
Rendering of Figure 2 with Susceptor of Figure 10, Annotated by Examiner
Regarding claim 7, Wu discloses the induction heating assembly according to claim 5, as discussed above. Wu also discloses wherein the geometric feature comprises a groove formed in the inner surface of the inductively heatable susceptor (see Fig. 10 above, annotated by examiner), the groove extends in the longitudinal direction (compare Fig. 10 to Fig. 2), and the temperature sensor is positioned in the groove (see Fig. 10).
Regarding claim 8, Wu discloses the induction heating assembly according to claim 7, as discussed above. Wu further discloses wherein the groove extends in the longitudinal direction from a location of the temperature sensor to an end of the inductively heatable susceptor (see Fig. 10).
Regarding claim 9, Wu discloses the induction heating assembly according to claim 7, as discussed above. Wu further discloses wherein, when the groove is formed in the inner surface of the inductively heatable susceptor, the temperature sensor is recessed from the inner surface (see Fig. 10 above, annotated by examiner).
Regarding claim 12, Wu discloses the induction heating assembly according to claim 5, as discussed above. Wu also discloses wherein the geometric feature comprises a channel arranged on the inner surface of the inductively heatable susceptor (see Fig. 10 above, annotated by examiner), the channel extends in the longitudinal direction (compare Fig. 10 to Fig. 2), and the temperature sensor is positioned within the channel (see Fig. 10).
Regarding claim 13, Wu discloses the induction heating assembly according to claim 12, as discussed above. Wu further discloses wherein the channel extends in the longitudinal direction from the location of the temperature sensor to an end of the inductively heatable susceptor (see Fig. 10).
Claims 1, 4, 5, 7, and 12 are also rejected as being anticipated by Wu in a first alternative rejection, which is used for the rejection of claims 10 and 14 below.
Alternatively regarding claim 1, Wu disclose an induction heating assembly for an aerosol generating device (“aerosol generation device”, Fig. 2, ¶ 0053; using the specific susceptor and temperature sensor embodiment of Fig. 9), the induction assembly comprising:
a heating chamber for receiving at least part of an aerosol generating substrate (“a chamber, in which a smokable material A, for example, cigarette, is removably received”, Fig. 2, ¶ 0071);
an induction coil (“induction coil L”, Fig. 2, ¶ 0072) positioned externally of the heating chamber (see Fig. 2) for generating an electromagnetic field (“serving as a magnetic field generator”, ¶ 0072);
an inductively heatable susceptor (“susceptor 30c”, Fig. 9, ¶ 0090) positioned inside the heating chamber at a periphery thereof (compare “susceptor 30c” in Fig. 9 to “susceptor 30” positioned within the heating chamber in Fig. 2, ¶ 0073) and externally of the aerosol generating substrate (as a portion of the susceptor is external of the aerosol generating substrate, the susceptor is considered as positioned externally of the aerosol generating substrate; compare “base portion 32c” in Fig. 9 to “base portion 32” in Fig. 2), the inductively heatable susceptor being arranged with respect to the induction coil to be inductively heated by the generated electromagnetic field (“susceptor 30, which extends at least in part in the chamber and is configured to be inductively coupled with the induction coil L and to generate heat while being penetrated by the alternating magnetic field”, ¶ 0073); and
a temperature sensor (“temperature sensor 40”, ¶ 0090, not shown in Fig. 9 but corresponding to “temperature sensor 40” in Fig. 2) in thermal contact with the inductively heatable susceptor (“the temperature sensor 40 may be packaged or accommodated within the susceptor 30c”, ¶ 0090),
wherein the inductively heatable susceptor has a geometric feature (“accommodation space having a side wall opening 322c”, Fig. 9, ¶ 0090) arranged to shield the temperature sensor from the generated electromagnetic field (“side wall opening 322 is deviated from the direction of the magnetic lines M of force of the magnetic field, so as to improve the effect of shielding or isolation between the accommodation space packaging the temperature sensor 40 and the magnetic field generated by the induction coil L that penetrates through the susceptor 30c”, ¶ 0090).
Alternatively regarding claim 4, Wu discloses the induction heating assembly according to claim 1, as discussed in the first alternative rejection of claim 1 above. Wu further discloses wherein the induction coil extends around the heating chamber (“the induction coil L is arranged on an outer wall of the tubular holder 50 in a spiral winding manner, and the tubular holder 50 is at least partially inside hollowed to form the chamber”, Fig. 2, ¶ 0080).
Alternatively regarding claim 5, Wu discloses the induction heating assembly according to claim 4, as discussed in the first alternative rejection of claim 4 above. Wu further discloses wherein the heating chamber has a longitudinal axis defining a longitudinal direction (left-to-right direction in Fig. 2), the inductively heatable susceptor is elongate in the longitudinal direction of the heating chamber (compare the susceptor in Fig. 9 to the susceptor in Fig. 2), and the inductively heatable susceptor has an inner surface (interior surface framing “side wall opening 322c” in Fig. 9) and an outer surface (outer surface of “base portion 32c” in Fig. 9).
Alternatively regarding claim 7, Wu discloses the induction heating assembly according to claim 5, as discussed in the first alternative rejection of claim 5 above. Wu also discloses wherein the geometric feature comprises a groove formed in the outer surface of the inductively heatable susceptor (see Fig. 9), the groove extends in the longitudinal direction (compare Fig. 9 to Fig. 2), and the temperature sensor is positioned in the groove (“so that the temperature sensor 40 may be packaged or accommodated within the susceptor 30c through the side wall opening 322c”, ¶ 0090).
Regarding claim 10, Wu discloses the induction heating assembly according to claim 7, as discussed in the first alternative rejection of claim 7 above. Wu further discloses wherein, when the groove is formed in the outer surface of the inductively heatable susceptor, the temperature sensor is recessed from the outer surface (“so that the temperature sensor 40 may be packaged or accommodated within the susceptor 30c through the side wall opening 322c”, Fig. 9, ¶ 0090).
Alternatively regarding claim 12, Wu discloses the induction heating assembly according to claim 5, as discussed in the first alternative rejection of claim 5 above. Wu also discloses wherein the geometric feature comprises a channel arranged on the inner surface of the inductively heatable susceptor (see Fig. 9), the channel extends in the longitudinal direction (compare Fig. 9 to Fig. 2), and the temperature sensor is positioned within the channel (“so that the temperature sensor 40 may be packaged or accommodated within the susceptor 30c through the side wall opening 322c”, ¶ 0090).
Regarding claim 14, Wu discloses the induction heating assembly according to claim 12, as discussed in the first alternative rejection of claim 12 above. Wu further discloses wherein the channel is formed by a pair of side walls extending in the longitudinal direction (two longitudinally extending side walls of “side wall opening 322c” in Fig. 9), the side walls comprising an electrically conductive and magnetically permeably material (the side walls are part of the susceptor, which employs “a magnetic conductive metallic material”, ¶ 0084).
Claims 1, 4, 5, 7, and 12 are also rejected as being anticipated by Wu in a second alternative rejection, which is used for the rejection of claims 11 and 15 below.
Alternatively regarding claim 1, Wu disclose an induction heating assembly for an aerosol generating device (“aerosol generation device”, Fig. 11, ¶ 0092; using the specific susceptor and temperature sensor embodiment of Fig. 17), the induction assembly comprising:
a heating chamber for receiving at least part of an aerosol generating substrate (“chamber configured for receiving the smokable material A”, Fig. 11, ¶ 0092);
an induction coil (“induction coil L”, Fig. 11, ¶ 0092) positioned externally of the heating chamber (see Fig. 11) for generating an electromagnetic field (“serving as a magnetic field generator”, ¶ 0072);
an inductively heatable susceptor (“susceptor” labeled as 30g in Fig. 17, ¶ 0068) positioned inside the heating chamber at a periphery thereof (compare “susceptor 30g” in Fig. 17 to “susceptor 30e” positioned within the heating chamber in Fig. 11, ¶ 0092) and externally of the aerosol generating substrate (as a portion of the susceptor is external of the aerosol generating substrate, the susceptor is considered as positioned externally of the aerosol generating substrate), the inductively heatable susceptor being arranged with respect to the induction coil to be inductively heated by the generated electromagnetic field (“the susceptor being configured to be penetrated by a varying magnetic field to generate heat”, ¶ 0045, see also Fig. 11, ¶ 0092); and
a temperature sensor (“sensing portion 341”, ¶ 0102, not shown in Fig. 17 but corresponding to “sensing portion 341e” of “temperature sensor 34e” in Fig. 13, ¶ 0096) in thermal contact with the inductively heatable susceptor (“the sensing portion 341e of the temperature sensor 34e is tightly pressed against an inner wall of the hollow portion 320e, a high-temperature glue may be applied to seal, fill or pad the remaining gap, so that the sensing portion 341e of the temperature sensor 34e is stably fixed and is in tight contact with the inner wall of the tubular element 32”, ¶ 0096, where “tubular element 32” corresponds to “tubular element 32g” of “susceptor 30g” in Fig. 17),
wherein the inductively heatable susceptor has a geometric feature (hollow of “hollow portion 320e” in “tubular element 32g”, ¶ 0102, not shown in Fig. 17 but corresponding to the hollow of “hollow portion 320e” in “tubular element 32e” shown in Fig. 13, ¶ 0094) arranged to shield the temperature sensor from the generated electromagnetic field (“the tubular element 32g and the sheet like end cover 33g that are made of metallic materials; such design aims to form a magnetically isolated or shielded space inside the hollow portion 320e as much as possible, thereby being capable of effectively preventing the sensing portion 341 made of a thermosensitive metallic material being impacted by a magnetic field during the temperature measurement process”, ¶ 0102).
Alternatively regarding claim 4, Wu discloses the induction heating assembly according to claim 1, as discussed in the second alternative rejection of claim 1 above. Wu further discloses wherein the induction coil extends around the heating chamber (“the induction coil L is arranged on an outer wall of the tubular holder 40e in a spiral winding manner, and the tubular holder 40e is at least partially inside hollowed to form the chamber”, Fig. 11, ¶ 0092).
Alternatively regarding claim 5, Wu discloses the induction heating assembly according to claim 4, as discussed in the second alternative rejection of claim 4 above. Wu further discloses wherein the heating chamber has a longitudinal axis defining a longitudinal direction (left-to-right direction in Fig. 11), the inductively heatable susceptor is elongate in the longitudinal direction of the heating chamber (compare the susceptor in Fig. 17 to the susceptor in Fig. 11), and the inductively heatable susceptor has an inner surface (inner surface of “tubular element 32g” bounding “hollow portion 320e”, ¶ 0102, not shown in Fig. 17 but corresponding to the inner surface of “tubular element 32e” bounding “internal hollow portion 320e” in Fig. 13, ¶ 0094) and an outer surface (outer surface of “tubular element 32g” in Fig. 17, ¶ 0102).
Alternatively regarding claim 7, Wu discloses the induction heating assembly according to claim 5, as discussed in the second alternative rejection of claim 5 above. Wu also discloses wherein the geometric feature comprises a groove formed in the inner surface of the inductively heatable susceptor (not shown in Fig. 17 but corresponding to the groove of the geometric feature of Fig. 13), the groove extends in the longitudinal direction (compare Fig. 13 to Fig. 11), and the temperature sensor is positioned in the groove (see Fig. 14).
Regarding claim 11, Wu discloses the induction heating assembly according to claim 7, as discussed in the second alternative rejection of claim 7 above. Wu further discloses wherein the groove is covered by an electrically conductive and non-magnetically permeable material strip (“sheet like end cover 33g”, Fig. 17, ¶ 0102, where “sheet like end cover 33g is made of the above preferred non-magnetized metals such as aluminum alloy”, ¶ 0102) to enclose the temperature sensor in the groove (“hollow portion 320e is substantially or basically enclosed by . . . sheet like end cover 33g”, ¶ 0102).
Alternatively regarding claim 12, Wu discloses the induction heating assembly according to claim 5, as discussed in the second alternative rejection of claim 5 above. Wu also discloses wherein the geometric feature comprises a channel arranged on the inner surface of the inductively heatable susceptor (not shown in Fig. 17 but corresponding to the channel of the geometric feature of Fig. 13), the channel extends in the longitudinal direction (compare Fig. 13 to Fig. 11), and the temperature sensor is positioned within the channel (see Fig. 14).
Regarding claim 15, Wu discloses the induction heating assembly according to claim 12, as discussed in the second alternative rejection of claim 12 above. Wu further discloses wherein the channel is covered by an electrically conductive and non-magnetically permeable material strip (“sheet like end cover 33g”, Fig. 17, ¶ 0102, where “sheet like end cover 33g is made of the above preferred non-magnetized metals such as aluminum alloy”, ¶ 0102) to enclose the temperature sensor in the channel (“hollow portion 320e is substantially or basically enclosed by . . . sheet like end cover 33g”, ¶ 0102).
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.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (WO 2021/115339 A1, provided with IDS filed 1/22/2024, using US 2023/0346030 A1 as the English translation, as indicated on the IDS filed 1/22/2024) as applied to claim 2 above, and further in view of Reevell (US 2017/0245553 A1).
Regarding claim 3, Wu discloses the induction heating assembly according to claim 2, as discussed above. Wu further discloses wherein the temperature sensor comprises a first wire received within the geometric feature and a second wire received within the geometric feature (“conductive pin 42d”, Fig. 10, ¶ 0091, although only one of the wires of “conductive pin 42d” can be seen in the cross-sectional view of Fig. 10, compare to the view of the corresponding “conductive pin 42” of Fig. 3 where two such wires can be seen, ¶ 0083). Wu also teaches that temperature sensors can be thermistors (¶ 0005); however, Wu does not discuss thermocouples as temperature sensors.
One of ordinary skill in the art would have understood that thermistors and thermocouples are interchangeable temperature sensors that are capable of performing the same function of sensing temperature (see ¶ 0030 of Reevell). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the thermocouple taught by Reevell in place of the thermistor taught by Wu, and the results of the substitution would have been predictable (see MPEP § 2143(I)(B)). In the resulting configuration, the first wire and second wire will be a first thermocouple wire and a second thermocouple wire.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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 (571)270-3882. 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.
/COURTNEY G CULBERT/Examiner, Art Unit 1747
Prosecution Insights