Final Rejection
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 § 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.
Claim(s) 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0112878 to Ruscio et al. (hereinafter Ruscio).
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Ruscio discloses an aerosol-generation device 102, configured to heat an aerosol-generating product (para [0038]) to generate an aerosol, comprising: a receiving cavity 106, configured to receive the aerosol-generating product; a heater 130, at least partially extending in the receiving cavity, to heat the aerosol- generating product, wherein the heater has a free front end configured to be inserted into the aerosol-generating product; and a window 118, at least partially surrounding the heater and avoiding the free front end, wherein at least a part of the heater facing away from the free front end is visible through the window. See Figures 2 and 4, illustrating that the location of the window 118 exposed the heater when member 11 is withdrawn.
Claim(s) 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 211048399 to Xu et al. (hereinafter Xu).
Xu teaches an aerosol generating device including a receiving cavity 23, configured to receive the aerosol-generating product A; a heater 30, at least partially extending in the receiving cavity, to heat the aerosol-generating product, wherein the heater has a free front end configured to be inserted into the aerosol-generating product; and a window 12, at least partially surrounding the heater and avoiding the free front end (the heater is spaced from the window), wherein at least a part of the heater facing away from the free front end is visible through the window.
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Allowable Subject Matter
Claims 1, 3, 9, 15, 18, 21, 22, 24-31 and 33 are allowed.
Response to Arguments
Applicant's arguments filed 4 June 2026 have been fully considered but they are not persuasive.
While applicant amended independent claims 1 and 33 to incorporate previously indicated allowable subject matter, independent claim 32 has not been amended. Thus, the rejection thereof is maintained.
The Examiner attempted to contact applicant’s representative by phone on 1 July and by email on 7 July in order to get permission to amend claim 32 by examiner’s amendment, but was unsuccessful.
Conclusion
THIS ACTION IS MADE FINAL. 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 ELIZABETH L MCKANE whose telephone number is (571)272-1275. The examiner can normally be reached Mon-Thu 6:30a-4:30p EST.
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, Patricia Engle can be reached at 571-272-6660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH L MCKANE/Specialist, Art Unit 3991
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