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 .
Election/Restrictions
Applicant’s election of Group II in the reply filed on 6/10/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-4 and 7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/10/2026.
Claim Objections
Claim 17 is objected to because of the following informalities:
Regarding claim 17, the claim limitation “the inner wall of the outer cylinder,” should be changed to “an inner wall of the outer cylinder” because this is the first instance of the presence of the of the inner wall of the outer cylinder in chain of claims.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a keeping member, configured to keep the susceptor” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The limitations are being interpreted as follows:
“a keeping member, configured to keep the susceptor” in claim 1 is being interpreted as “a base” (p. 2, ll. 14-16) and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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.
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.
Claims 9-11 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 209314976; of record; see attached machine translation for reference paragraphs) in view of Wu et al. (WO 2021/115339, of record; US 2023/0346030 is used as the English translation, of record).
Regarding claim 9, Xiao discloses an electric heating suction unit (abstract; “aerosol-generation device”) comprising:
a main unit (200; “power supply assembly”) having a first housing (Fig. 10) electrically connected to an electric heating suction device (100; [0054]);
an induction coil (20; “magnetic field generator”) which generates an electromagnetic field ([0055; “configured to generate a changing magnetic field”);
a heating assembly (see Fig. 1) that is electrically and detachably connected to the main unit ([0035] and [0054]) comprising:
a heated workpiece (30; “susceptor”) configured to heat up via eddy currents generated by the induction coil ([0038], [0055]; “configured to be penetrated by a changing magnetic field”) to bake a solid tobacco material at a low temperature ([0055]; “heat an aerosol-generation product”);
an insulator (70) installed in a lower cavity (40) (collectively “keeping member configured to keep the susceptor” according to 112(f) interpretation above) configured to receive a connecting end (32) of the heating workpiece ([0054]); and
a circuit board (60; “first electrical connector”) having a bottom end (Fig. 1) and a top end connected to the inductor (see Fig. 2); and, further comprising an upper cavity (10; “holder”) configured to receive the induction coil in the receiving cavity (12; [0054]; “configured to hold the magnetic field generator”), wherein
the upper cavity being detachable from the insulator via screws (Fig. 2; [0052]).
However, Xiao does not explicitly teach the power supply assembly is configured to supply power or that the one end of the first electrical connector is configured to be electrically connected to the power supply assembly. While Xiao suggests energizing the induction coil (see [0055]), Xiao does not disclose the completed circuit including a power supply to energize the induction coil.
Wu teaches a susceptor (30; Figs. 3-7; “heating assembly”) that can be replaced and installed in an aerosol generation device ([0106]; “detachably disposed”) comprising: the susceptor (30) configured to be inductively coupled with an induction coil (L) to generated heat while being penetrated by an alternating magnetic field, thereby heating smokable material (A) so that at least one composition of the smokable material A vaporizes to form an aerosol for inhalation ([0073]; “configured to be penetrated by a changing magnetic field to generate heat, to heat an aerosol-generation product”); and a circuit (20; see Fig. 2) which comprises one end that is electrically connected to a rechargeable battery cell (10; [0075]) located in the aerosol generating device (Fig. 2), and a second end that converts the DC output form the battery cell into an alternating current (AC) with an appropriate frequency and then supplies it to the induction coil (L; [0075]; “configured to supply power” and “one end electrically connected to a power supply assembly”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have (1) added a battery cell as in Wu to Xiao’s main unit and (2) connected the added battery cell to the bottom of Xiao’s circuit board as in Wu in order to obtain the predictable result supplying power to the induction coil ([0075]) as suggested by Xiao (see [0055]).
Regarding claim 10, modified Xiao further discloses an insertion end of the inductor coil (22; “third electrical connector”) disposed in the upper cavity (see Fig. 1), wherein
a top end of the insertion end is electrically connected to the induction coil (see Fig. 2); and when the upper cavity and insulator are assembled together (Fig. 1), a bottom end of the insertion end is configured to electrically connect to the circuit board ([0054]).
Regarding claim 11, modified Xiao discloses the upper cavity comprising an inner cylinder (see annotated Fig. 2 below) and an outer cylinder (see annotated Fig. 2 below), wherein the induction coil is placed in the receiving cavity (12; [0054]; “kept between the inner and outer cylinder”).
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Regarding claim 15, modified Xiao discloses an axial length of the outer cylinder (see red length in annotated Fig. 2 above) is greater than an axial extension length of the inner cylinder (see green length in annotated Fig. 2 above) to form an accommodating chamber between an end portion of the outer cylinder and an end portion of the inner cylinder (see red square in annotated Fig. 2 above); and
wherein when the upper cavity and the insulator are assembled (Fig. 1), at least part of the insulator is accommodated in the accommodating chamber (see Fig. 1).
Regarding claim 16, modified Xiao discloses the insulator (70) is disposed in the insulator (40) (collectively “keeping member” according to 112(f) interpretation above) comprising second mounting holes (52; Fig. 5) and the upper cavity (10) has first mounting holes (14), screws are passed through the first mounting hole and second mounting hole to fix and lock the lower cavity to the upper cavity to fix them together ([0052]; “detachably connected”).
Claims 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Wu et al. as applied to claim 11 above, and further in view of An et al. (US 2020/0390156).
Regarding claim 12, modified Xiao discloses the aerosol-generation device as discussed above wherein the outer cylinder and the inner cylinder are integral (see Fig. 2).
However, modified Xiao is silent as to the inner cylinder is detachably connected too the outer cylinder.
An teaches an aerosol generating device (abstract) comprising a holder having an inner wall (13) and an outer wall (140) (see Figs. 5-6). In a first embodiment, An teaches that the inner wall and the outer wall are integrally formed so there is no coupling portion between the inner wall and the outer wall ([0150]; Fig. 6). In a second embodiment, An teaches that the inner wall and the outer wall are separated from each other to define a space therebetween for a coil (160), the coil being fixed inside the space by a fixing member (161) and including a sealing ring (141).
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 modified Xiao’s known integral configuration for An’s known separate configuration with a fixing member and sealing ring in order to obtain the predictable result of forming a space between the inner and outer walls to accommodate a coil (An; [0145] and [0152]). Substituting equivalents known for the same purpose may be relied upon as rationale for supporting an obviousness rejection. MPEP 2144.06(II). Moreover, It has been held that making the apparatus parts integral or separable when the operation of the apparatus is not otherwise changed is within the level of ordinary skill in the art. See MPEP 2144.04(V).
Regarding claim 14, modified Xiao is silent as to wherein an inner wall of the outer cylinder is provided with a groove, and an outer wall of the inner cylinder has a first convex buckle snap-fitted to the groove; and the first convex buckle is a cantilever formed on the outer wall of the inner cylinder. Specifically, while Xiao discloses the fixing member (An; 161), Xiao does not disclose details of the fixing member.
Xiao further teaches a receiving space (44; Figs. 2 and 6) having an inner wall (see Fig. 6) including a second inclined portion (412; Fig. 6; the space below the second inclined portion is the “groove”), and a fixing plate (80; Fig. 9) having a first inclined portion (81; “first convex buckle”) that is snapped onto the second inclined portion ([0049]; “snap-fitted to the groove” and “cantilever”).
It would have been obvious to said skilled artisan to have used the first inclined portion and second inclined portion of Xiao as the fixing member in modified Xiao in order to obtain the predictable result of snapping the first inclined portion onto the second inclined portion such that the installation between the outer cylinder and the inner cylinder is made easier by the guiding properties of the inclined surfaces (Xiao; [0050]).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Wu et al. as applied to claim 16 above, and further in view of Zhao et al. (CN 209931492; US 2022/0142252 is used as the English translation).
Regarding claim 17, modified Xiao discloses the aerosol-generation device as discussed above with respect to claim 16, wherein the insulator and upper cavity are detachably connected via mounting holes and screws ([0052]).
However, modified Xiao is silent as to an inner wall of the outer cylinder is provided with a first engagement hole, and an outer wall of the keeping member has a second convex buckle-snap-fitted to the first engagement hole.
Zhao teaches a smoking set (abstract) comprising a bracket (1; Fig. 4; similar to the “outer cylinder” of Xiao) having two clamping grooves (13; “first engagement hole”) provided on an inner wall (see Fig. 5; the grooves are located on an inner wall compared to the outermost wall of the bracket), and a second fixing seat (32; “keeping member”) having two clamping protrusions (3211; “second convex buckle”) matched with the two clamping grooves so that the second fixing seat is fixedly connected to the bracket ([0047], [0056]; “snap-fitted”).
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 modified Xiao’s mounting holes and screws for Zho’s clamping protrusions and clamping grooves in order to obtain the predictable result of fixing the insulator to the upper cavity (Zhao; [0047]) with the benefit of avoiding the problem of a tilted and not centered heating body to ensure uniform heating (Zhao; [0023]).
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Wu et al. as applied to claim 9 above, and further in view of Sun et al. (CN 208480605, of record; see machine translation attached).
Regarding claims 18 and 20, modified Xiao discloses the aerosol-generation device as discussed above with respect to claim 9.
However, modified Xiao is silent as to an extractor configured to extract the aerosol-generation product receiving in a heating chamber, wherein the extractor is detachably connected to the holder; and a second housing that is detachably connected to the holder and the extractor, and a first anti-mistaken disassembly structure, wherein the second housing is detachably connected to the extractor and the holder through the first anti-mistaken disassembly structure.
Sun teaches a non-combustion smoking apparatus (abstract) comprising a heating chamber (31; Figs. 4-6; similar to the “holder”), an extractor (20), and a rotating shell (10; “second housing”), wherein the extractor moves between an operation position (see Fig. 5) and an extraction position (Fig. 6) (abstract; “configured to extract the aerosol-generation product”) and detachably connected to the heating cavity via a linear guide (23) and linear guide rails (32) (p. 8, para. 4), wherein the rotating shell is detachably connected to the heating chamber (see Fig. 4) via a groove (33) and detachably connected to the extractor via a clamp (11) and spiral groove (22) (p. 9, para. 5); the groove and clamp/spiral are collectively the “first anti-mistaken disassembly structure”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the extractor and rotating shell as in Sun to modified Xiao’s device in order to obtain the predictable result of moving an aerosol generating article between an operation position and an extracting position (Sun; abstract) thus allowing the user to more easily remove the aerosol forming substrate (p. 1, last paragraph-p. 2 first paragraph).
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Wu et al. as applied to claim 9 above, and further in view of Fursa (US 2022/0225676).
Regarding claims 22 and 24, modified Xiao discloses the aerosol-generation device according to claim 9, wherein the electric heating suction device (100), including the upper cavity, is electrically and detachably connected to the main unit (200) ([0035] and [0054]; “holder is detachably connected to the first housing”).
However, Xiao does not explicitly teach a second anti-mistaken disassembly structure, wherein the holder is detachably connected to the first housing through the second anti-mistaken disassembly structure. Moreover, Xiao does not disclose a clamping portion disposed inside the first housing and the heating assembly has an interface configured to be screw-locked with the clamping portion.
Fursa teaches an aerosol-generating system (abstract) comprising a device housing (102; Fig. 3; “first housing”), a receiving portion (304; see Fig. 4; “holder”), and fixing means (107, 337; “clamping portion” and/or “anti-mistaken disassembly structure”) which are deflected into the housing to interact with the receiving portion by deflecting into the grooves (“interface”) in the receiving portion ([0099]) and prevents movement of the internal components with respect to the housing ([0089], [0099]; “screw-locked” because the fixing means prevents movement, including rotational movement within the housing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiao’s upper cavity to include fixing means as in Fursa in order to improve the reliability of the fixing elements (Fursa; [0099]) while also being inexpensive and simple (Fursa; [0074]), which would lower manufacturing costs and complexity.
Claims 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Wu et al. as applied to claim 9 above, and further in view of Batista (US 2021/0282461).
Regarding claims 25-27, modified Xiao discloses the aerosol-generation device as discussed above with respect to claim 9.
However, modified Xiao is silent as to the first housing is provided with a second engagement hole and the heating assembly has an elastic arm configured to be buckled to the second engagement hole; a moving member configured to move toward the elastic arm under the action of an external force, to disengage the elastic arm from the second engagement hole; and an elastic member connected to the movement member, wherein the elastic member is configured to generate a repulsive force under the action of the external, so that the moving member returns to an initial position.
Batista teaches a device for generating an aerosol (abstract) comprising a housing (2; Fig. 1; “first housing”) and a heater (4; Figs. 2-3; “heating assembly”), and an abutment element (9) configured to pull an article (3) out of the heating chamber (5), the housing comprising an extension portion (2d) having a cooperating recess (9b; “second engagement hole”), and an engagement member or catch (9a; “elastic arm”) resiliently biased into engagement with the recess ([0125], [0130]; “configured to be buckled to the second engagement hole”), wherein sliding of the first portion (2b; “moving member”) in the direction of arrow D (Fig. 3; “move toward the elastic arm under action of an external force”) from the closed condition toward the open condition ([0134]; “disengage the elastic arm from the second engagement hole”), and a spring ([0125]; “elastic member”) operationally connected to the first potion wherein the spring is configured to resiliently bias the catch towards and into the recess ([0125], [0130]; “repulsive force under action of the external force so that the moving member returns to an initial position”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added Batista’s abutment element, cooperating recess, catch, and spring to modified Xiao’s device in order to obtain the predictable and beneficial result of driving an aerosol generating article out of the heating chamber (Batista; [0046]) to improve the user’s experience.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONNY V NGUYEN whose telephone number is (571)272-8294. The examiner can normally be reached Monday - Friday; 7:00 AM - 3:00 PM EST.
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/SONNY V NGUYEN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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