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 .
Status of the Claims
Claims 1-20 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4, line 3 should read “
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Raichman (US-20200187563-A1, as cited in the IDS dated 05/10/2023).
In regards to claim 1, Raichman directed to a smoking device, discloses an apparatus for use with a capsule comprising a smoking material containing at least one active ingredient (i.e., active agent) ([0020] and [0039]), the apparatus comprising:
A vaporizer (i.e., smoking device) configured to vaporize the active agents from within the smoking material by heating the capsule ([0055]-[0056]), the smoking device comprising:
Two or more electrodes ([0007]) configured to:
heat the smoking material (i.e., vaporize the active agent) by generating resistive heating within the capsule and by driving a current into a portion of the capsule ([0007] and [0139]-[0140]); and
move axially along a length of the capsule ([0142]).
In regards to claim 2, Raichman discloses the capsules have circular cross-sections (i.e., cylindrical) ([0156]) and are elongate (Figure 5).
Raichman further discloses the receptacles that house the capsules are cylindrical tubes (i.e., cylindrically-shaped insertion port) ([0156]) and a non-cylindrical housing configured to house at least a portion of the capsule that contains the smoking material, while the smoking material is heated (Figure 5).
In regards to claim 3, Raichman discloses the electrodes are configured to be pushed towards the capsule in order to improve electrical coupling between the electrodes and the capsule ([0141]).
Claim Rejections - 35 USC § 103
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 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Raichman (US-20200187563-A1, as cited in the IDS dated 05/10/2023) as applied to claim 1 above, and further in view of Jiang et al. (US-20230114383-A1).
In regards to claim 4, Raichman discloses an electrode-movement mechanism configured to move at least a portion of the electrodes with respect to a mesh of the capsule ([0142]) and a temperature sensor for detecting the temperature of the capsule ([0129]), but does not explicitly disclose the sensors are configured to be moveable axially along the length of the capsule together with the one or more electrodes.
Jiang, directed to an aerosol-generation article, electronic vaporizer, and vaporization system discloses the electronic vaporizer further includes a temperature sensor and a controller ([0035]).
Jiang further discloses the temperature sensor 120 is configured to sense a temperature of the aerosol-generation substrate 110, which facilitates the electronic vaporizer 200 to control a heating temperature of the aerosol-generation substrate 110 (i.e., capsule) ([0069]).
Jiang further discloses the temperature sensor is arranged on the first and/or second electrodes and can sense the temperature of both the inside and outside temperatures ([0084]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Raichman, by modifying the temperature sensors location to that on the electrodes, as taught by Jiang, because both are directed to vaporizers with electrodes and temperature sensors, Jiang teaches it is known in the art that temperature sensors can be located on the electrodes and this allows for multiple temperature detections ([0084]), and this merely involves applying a known location of a temperature sensor of a similar device to yield predictable results.
The modified location of modified Raichman would therefore teach a movable temperature sensor, since the temperature sensors would be connected to the movable electrodes of Raichman, and the limitation is considered prima facie obvious.
Claims 6-7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Raichman (US-20200187563-A1, as cited in the IDS dated 05/10/2023) as applied to claim 1 above.
In regards to claim 6, Raichman discloses apparatus according to claim 1, wherein a control component is configured to dynamically adjust the target temperature to heat the smoking material based on the consumption rate and airflow profiled of the user, so that users taking relatively short puffs (i.e., second mode) will not suffer from loss of plant material between the short puffs ([0180]).
Raichman further discloses the device receives an indication from the user by detecting the amount of airflow through the vaporizer and the control component calculating the dosage of active substance that has been provided to the user ([0184]). The first mode is a faster airflow profile and the second mode is being interpreted as a slower airflow profile.
Raichman discloses in response to indication of the first mode, an increase in airflow rate, the temperature of the capsule is decreased to keep a constant active ingredient vaporization rate ([0184]).
Raichman further discloses the control circuitry combines the aforementioned temperature control functionality with setting a time limit (i.e., predetermined period of time) for the heating that is applied in response to each puff of the vaporizer ([0184]).
Raichman further discloses in response to an indication of the second mode, a lower inhalation profile, the temperature of the capsule is reduced to below vaporization temperature to prevent wastage of the plant ingredient ([0185]).
Raichman does not explicitly disclose during the second mode the smoking material is only heated to the vaporization temperature while receiving an active input from the user that they wish for the smoking material to be heated, but Raichman does disclose a dynamic control component that is supposed to adjust the heating temperature in response to the user input ([0011]), and therefore it would be obvious that Raichman’s device would teach the vaporization temperature is initiated again in response to an indication from a user that the user wishes to continue smoking.
In regards to claim 7, Raichman discloses the vaporizer initiates a pre-heating step (temperature below the vaporization temperature of the one or more active agents), in response to receiving a first input ([0174]), but prior to receiving a second user input that notified the device whether the user wishes to smoke the active agents ([0199]).
Raichman further discloses the device detects if the user is in a first or second mode ([0174]).
In regards to claim 14, Raichman discloses the electrodes are configured to be pushed towards to capsule in order to improve electrical coupling between the electrodes and the capsule ([0141]).
While Raichman does not explicitly disclose the capsule has a change of shape, it would be obvious to one of ordinary skill in the art that the electrodes pushing into the capsule would change the shape of the capsule and is therefore considered prima facie obvious.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Raichman (US-20200187563-A1, as cited in the IDS dated 05/10/2023) as applied to claim 14 above, and further in view of Jang et al. (US-20220110368-A1).
In regards to claim 15, Raichman discloses electrodes are configured to be pushed towards the capsule in order to improve electrical coupling between the electrodes and the capsule ([0141]), but does not explicitly disclose the electrodes are configured to flatten at least a portion of the capsule that contains the smoking material such that the part of the portion of the capsule that contains the smoking material defines a cross-sectional shape having a ratio of more than 2:1 between a long side of the cross-sectional shape and a short side of the cross-sectional shape.
Jang directed to an aerosol generation device with a reduced preheating time discloses the aerosol generating device comprising a heater and a pressed aerosol-generating substrate (i.e., capsule) ([0010]-[0011]).
Jang further discloses the capsule is pressed so that a diameter thereof is within a range of 10 to 50% of a diameter of the capsule before being pressed, for example a capsule with a diameter of 7.2 mm could be pressed to a diameter of 3.6 mm ([0057]). The resulting range and ratio would be at least 2:1 between a long side of the cross-sectional shape and a short side of the cross-sectional shape, as claimed, and is therefore considered prima facie obvious.
Jang further discloses the stronger the capsule is pressed, the more the preheating time is reduced, creating improvement ([0060]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Raichman by making the electrodes flatten the capsule to a ratio of more than 2:1 between a long side and a short side of the cross-sectional shape, as taught by Jang, because both are directed to vaporizers comprising electrodes, Jang teaches the further the capsule is pressed, the less pre-heating time required which is an improvement to the device ([0060]), and this merely involves applying a known technique of flattening a capsule to a certain ratio of a similar device to yield predictable results.
In regards to claim 16, Modified Raichman discloses the capsule is pressed so that a diameter thereof is within a range of 10 to 50% of a diameter of the capsule before being pressed, for example a capsule with a diameter of 7.2 mm could be pressed to a diameter of 3.6 mm (Jang [0057]).
Jang further discloses the stronger the capsule is pressed, the more the preheating time is reduced, creating improvement ([0060]).
While Modified Raichman does not explicitly disclose the electrodes are configured to flatten at least a portion of the capsule that contains the smoking material such that the part of the portion of the capsule that contains the smoking material defines a cross-sectional shape having a ratio of more than 4:1 between a long side of the cross-sectional shape and a short side of the cross-sectional shape, it would be obvious to one of ordinary skill in the art that Jang would be motivated to further press the capsule motivated by the desire to further decrease the pre-heating time ([0060]) and that the capsule could be pressed to a desired ratio such as 4:1 as claimed, and is therefore considered prima facie obvious.
Claims 1-3, 8-13, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fuisz et al. (US-20220218023-A1, as cited in the IDS dated 05/09/2023) and further in view of Raichman (US-20200187563-A1, as cited in the IDS dated 05/10/2023).
In regards to claim 1, Fuisz directed to a vaporizer for smoking cigarettes, discloses the vaporizer (i.e., apparatus) for use with a tobacco stick, the tobacco stick comprising smoking material such as reconstituted tobacco leaf (i.e., capsule with one or more active agents) ([0060] and [0146]), the apparatus comprising:
A smoking device for generating an aerosol by heating the active agents within the smoking material, ([0047]-[0049] and [0069]) the smoking device comprising:
An individual heater and three active contact semi-rings (i.e., electrodes) ([0023]) that heat via electric conduction (i.e., vaporize the smoking material by driving a current) ([0183]-[0189]).
Fuisz discloses more than two electrodes but does not explicitly disclose two electrodes that move axially along a length of the capsule.
Raichman directed to a smoking device, discloses an apparatus for use with a capsule comprising a smoking material containing at least one active ingredient (i.e., active agent) ([0020] and [0039]), the apparatus comprising:
A vaporizer (i.e., smoking device) configured to vaporize the active agents from within the smoking material by heating the capsule ([0055]-[0056]), the smoking device comprising:
Two or more electrodes ([0007]) configured to:
heat the smoking material (i.e., vaporize the active agent) by generating resistive heating within the capsule and by driving a current into a portion of the capsule ([0007] and [0139]-[0140]); and
move axially along a length of the capsule ([0142]).
Raichman further discloses the movement of the electrodes is in order to facilitate insertion of a capsule into the vaporization location or removal of a capsule from the vaporization location, in a manner that friction between the capsule and the electrodes is reduced or eliminated ([0142]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Fuisz by modifying the electrodes to be moveable axially along a length of the capsule, as taught by Raichman, because both are directed to vaporizers for use with capsules, Raichman teaches the movement of the electrodes facilitates insertion of a capsule and reduces friction between the capsule and electrodes ([0142]), and this merely involves applying additional features of an electrode assembly of a similar device to yield predictable results.
In regards to claim 2, Modified Fuisz discloses the capsules have circular cross-sections (i.e., cylindrical) (Raichman [0156]) and are elongate (Raichman Figure 5).
Raichman further discloses the receptacles that house the capsules are cylindrical tubes (i.e., cylindrically-shaped insertion port) ([0156]) and a non-cylindrical housing configured to house at least a portion of the capsule that contains the smoking material, while the smoking material is heated (Figure 5).
In regards to claim 3, Modified Fuisz discloses the electrodes are configured to be pushed towards to capsule in order to improve electrical coupling between the electrodes and the capsule (Raichman [0141]).
In regards to claim 8, Fuisz discloses the capsule is provided with an individual foil metal heater 10 having two contact rings 17 and active contact semi-rings 14 (i.e., electrodes) ([0186] and [0199]), wherein the heater is a resistive heater and the electrodes heat the metal foil (i.e., drive a current through the metallic foil) ([0187]).
In regards to claim 9, Fuisz discloses a tipping paper around the outside of the capsule (i.e., around the foil) ([0114] and [0122]) and the electrodes pierce the tipping paper with a pointed end (i.e., needle shaped and would contact the metal foil beneath the paper) ([0121]).
In addition, Modified Fuisz discloses the bladed tips of the electrodes act as electrical contact to the capsule (Raichman [0141]).
In regards to claims 10-11, Fuisz discloses the electrodes surround the capsule and are spaced by a distance, but does not explicitly disclose the distance between the electrodes being more than 5 mm in an axial direction and more than 15 mm in an axial direction along a length of the capsule.
However Fuisz discloses the length of the capsule is from 45.2 mm to 83 mm and a chamber length from 27.5 mm to 77.5 mm ([0086]-[0087]). Figure 10 discloses the electrodes 14 within the chamber and occupying a distance about half of the chamber, therefore it would be obvious that the first electrode drives a current toward a second electrode along a length of more than 5 mm and 15 mm in an axial direction along a length of the capsule.
In addition, claim 10 is directed an apparatus for use with a capsule and is limited to the apparatus such that the spacing of the electrodes does not impart patentability to the claim. Configured use must impart structure and result in a structural different between the claimed invention and the prior art to patentably distinguish the claimed invention from the cited prior art. Since the structure of Fuisz is capable of performing the intended use of the spacing between the electrodes, then Fuisz is considered to meet the requirements of the claim.
In regards to claims 12-13, Fuisz discloses the capsule has a length of 45.2 mm ([0086]).
Claims 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fuisz et al. (US-20220218023-A1, as cited in the IDS dated 05/09/2023) in view of Raichman (US-20200187563-A1, as cited in the IDS dated 05/10/2023), as applied to claim 1 above, and further in view of Batista et al. (US-20200236998-A1).
In regards to claim 17, Modified Fuisz discloses the electrodes are configured to be pushed towards to capsule in order to improve electrical coupling between the electrodes and the capsule (Raichman [0141]), but does not explicitly disclose the smoking device configured to flatten at least a portion of the capsule that contains the smoking material.
Batista directed to an aerosol generating device with an induction heater, discloses the aerosol generating device comprising an aerosol-forming substrate/consumable (i.e., capsule) and an induction heater ([0008]).
Batista further discloses an elliptical cross-section of the heating element may be utilized to flatten the aerosol-forming substrate during insertion of the consumable (i.e., flatten at least part of the capsule that contains the smoking material) ([0023]).
Batista further discloses during flattening, the smoking material is heated and the tobacco material is vaporized (Figures 6-7 and [0049]).
Batista further discloses flattening of the capsule optimizes the heating ([0023]) and facilitates insertion of the consumable into the heating element ([0043]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Fuisz by modifying the device to include flattening means, as taught by Batista, because all are directed to aerosol generating devices with control components, Batista teaches the flattened configuration optimizes heating of the capsule ([0023]), and this merely involves applying a known technique of using a flattening mechanism of a similar device to yield predictable results.
In regards to claim 19, Modified Fuisz discloses an elliptical cross-section of the heating element may be utilized to flatten the aerosol-forming substrate during insertion of the consumable (i.e., flatten at least part of the capsule that contains the smoking material) (Batista [0023]) and teaches the coil is shaped to define a non-circular cross-sectional shape even before part of the capsule that contains the smoking material is introduced to within the coil (Figure 7).
Batista further discloses the housing for inserting the capsule is sloped downwards (i.e., funnel) for flattening the capsule during insertion into the device (Figure 6c and 7).
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In regards to claim 20, Modified Fuisz discloses an elliptical cross-section of the heating element may be utilized to flatten (i.e., mechanical elements) the aerosol-forming substrate during insertion of the consumable (i.e., flatten at least part of the capsule that contains the smoking material) and the capsule is compressed by a press-fit (i.e., applying mechanical pressure to the capsule) (Batista [0022]-[0023]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Fuisz et al. (US-20220218023-A1, as cited in the IDS dated 05/09/2023) in view of Raichman (US-20200187563-A1, as cited in the IDS dated 05/10/2023) and Batista et al. (US-20200236998-A1), as applied to claim 17 above, and further in view of Monticone (US-20250176625-A1).
In regards to claim 18, Fuisz discloses mechanical elements for flattening the capsule upon insertion into the device ([0022]-[0023]).
Raichman discloses perforated sheets that cover the plant material within the capsule are flattened by rollers ([0122]-[0124]) but does not explicitly disclose the capsule comprising the smoking material is flattened by roller wheels upon the capsule being inserted into the smoking device.
Monticone directed to an aerosol-generating device comprising a compression device and method for compressing an aerosol-generating article, discloses the aerosol generating device comprising pressing members and an oven (i.e., heater) ([0014]).
Monticone further discloses the pressing members are compression rollers (i.e., roller wheels) and apply pressure in a direction as the article (i.e., capsule) is inserted into the device towards the heater ([0016]-[0020]).
Monticone further discloses the rollers not only compress the capsule into a desired shape for the heater, but the facilitate transfer of the capsule to the heater ([0046]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Modified Fuisz by making the compression elements a roller wheel, as taught by Monticone, because all are directed to vaporizers with compressing means, Monticone teaches the roller wheels compress the capsule into a desired shape for the heater and facilitate transfer of the capsule to the heater ([0046]), and this merely involves applying a known technique of using a roller wheel compressing element of a similar device to yield predictable results.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 4-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5-9 of U.S. Patent No. 18/314,314. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to an apparatus for use with a capsule that contains a smoking material containing one or more active agents, the apparatus comprising: a smoking device configured to vaporize one or more of the active agents from within the smoking material by heating the smoking material, electrodes for driving a current through the capsule, and temperature sensors.
The rejected claims differ from the conflicting claims in that the copending application 18/314,314 recites the sensors in the independent claim and the electrodes in dependent claims, whereas the instant application has the limitations reversed. However, the limitations recited in the rejected claims are all included in the co-pending conflicting claims. Therefore, all elements of the rejected claims are present and obvious over the conflicting claims.
Claim 1 is obvious over claims 1 and 5.
Claim 4 is obvious over claim 9.
Claim 5 is obvious over claim 6.
Claim 6 is obvious over claim 7.
Claim 7 is obvious over claim 8.
Claims 1, 3, and 6-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 15-20 of U.S. Patent No. 18/314,325. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to an apparatus for use with a capsule that contains a smoking material containing one or more active agents, the apparatus comprising: a smoking device configured to vaporize one or more of the active agents from within the smoking material by heating the smoking material, electrodes for driving a current through the capsule, and temperature sensors.
The rejected claims differ from the conflicting claims in that the copending application 18/314,325 includes additional limitations regarding a coil configured to heat the smoking material by generating a magnetic field such as to heat the capsule via magnetic induction and the coil configured to be flattened while at least a part of the portion of the capsule that contains the smoking material is disposed within the coil.
However, the conflicting claims still contain all the elements of the rejected claims.
Therefore, the applications are not patentably different from one another in scope and all elements of the rejected claims are present and obvious over the conflicting claims.
Claim 1 is obvious over claims 1 and 5-6.Claim 3 is obvious over claim 7.
Claim 6 is obvious over claim 3.
Claim 7 is obvious over claim 4.
Claim 8 is obvious over claim 10.
Claim 9 is obvious over claim 11.
Claim 10 is obvious over claim 8.
Claim 11 is obvious over claim 9.
Claim 12 is obvious over claim 15.
Claim 13 is obvious over claim 16.
Claim 14 is obvious over claim 2.
Claims 15-16 are obvious over claims 17-20.
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and to overcome the double patenting rejection above.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, no prior art alone or in combination with references discloses the smoking device comprising a rail and a motor wherein the motor is configured to move the two or more electrodes axially along the length of the capsule by sliding the two or more electrodes along the rail.
Raichman (US-20200187563-A1, as cited in the IDS dated 05/10/2023) directed to a smoking device, discloses an apparatus for use with a capsule comprising a smoking material containing at least one active ingredient (i.e., active agent) ([0020] and [0039]), the apparatus comprising:
A vaporizer (i.e., smoking device) configured to vaporize the active agents from within the smoking material by heating the capsule ([0055]-[0056]), the smoking device comprising:
Two or more electrodes ([0007]) configured to:
heat the smoking material (i.e., vaporize the active agent) by generating resistive heating within the capsule and by driving a current into a portion of the capsule ([0007] and [0139]-[0140]); and
move axially along a length of the capsule ([0142]).
Raichman further discloses an electrode-movement mechanism configured to move at least a portion of the electrodes with respect to a mesh of the capsule ([0142]) but differs from the instant invention in that Raichman does not disclose electrodes are moved along a rail.
Hu et al. (CN-203676129-U), directed to a heating device of tobacco material with adjustable heating mechanism discloses the adjustable mechanism comprising an adjusting part (abstract).
Hu further discloses the adjusting part comprises a sleeve, a guide rail and a track, tobacco material installed in the sleeve, the guide rail is set on the sleeve, the track set on the shell of the smoke heating device; and the tobacco moving up and down in the shell through the guide rail and the rail in the sleeve ([0014]).
Hu further discloses the user can adjust the position of the tobacco material through a motor and a guide rail to adjust the smoke concentration to their liking ([0064]), but Hu does not disclose the heater/electrodes are what is moved along a rail. Therefore Hu differs from the claimed invention in that Hu does not teach the smoking device comprising a rail and a motor wherein the motor is configured to move the two or more electrodes axially along the length of the capsule by sliding the two or more electrodes along the rail.
Kim Bae Nam (Kim) (KR-20200045818-A), directed to a microparticle generator having an elevating heater, discloses an aerosol generating device having a lifting and lowering heater ([0007]).
Kim further discloses the heater is lifted and lowered by a motor and a rotating shaft has a spiral groove wherein a vertical moving part for adjusting the heater is connected and moves alongside (i.e., rail).
Kim differs from the claimed invention in that while Kim teaches a type of Rail, Kim’s rail is rotatable and therefore does not teach the electrodes are moved axially alongside the length of the capsule.
Kim further differs from the claimed invention in that Kim does not teach at least two electrodes and only teaches a heater moves alongside a rail driven by a motor.
Therefore Kim differs from the claimed invention in that Kim does not teach the smoking device comprising a rail and a motor wherein the motor is configured to move the two or more electrodes axially along the length of the capsule by sliding the two or more electrodes along the rail.
Hu et al. (US-20190124988-A1), directed to an aerosol generating device capable of adjusting the heating area, discloses the aerosol generating device includes a device main body defining a heating chamber for accommodating an aerosol generating material, a heating element made of a metal material and mounted in the heating chamber, an induction coil configured to generate an alternating magnetic field and positioned around the periphery of the heating element, a power supply connected with the induction coil to form an electrical circuit, and an adjusting element for changing a length of the induction coil which is connected into the electrical circuit, so that at least overlapping portion of the heating element corresponding to the induction coil of this length internally generates eddy currents and heats the aerosol generating material (abstract).
Hu further discloses an adjusting element includes a slider 105, and the slider 105 includes a sliding contact 1052 in electrical contact with the induction coil 106. The power supply 200 includes an internal battery 201, a circuit board, and an electrode connecting piece 202. One pole of the electrode connecting piece 202 is electrically connected to the sliding contact 1052 through a wire or a structural element, and the other pole of the electrode connecting piece 202 is connected with one end of the induction coil 106. When the sliding contact 1052 of the slider 105 slides up and down, the sliding contact 1052 is always in electrical contact with the induction coil 106, so that the length of the induction coil 106 in the electrical circuit can be changed. When the aerosol generating device 100 is in operation, the user can adjust the working length of the induction coil 106 by moving the slider 105 to increase the temperature of portion of the heating element 104 in the corresponding length, thereby achieving partial heating of the tobacco material. When the slider 105 is moved to the upper end of the induction coil 106, the induction coil 106 covers the entire length of the heating element 104, thus simultaneous heating of the tobacco material as a whole can be achieved.
Hu differs from the claimed invention in that while Hu teaches an electrode connection piece is moved up and down within the slider, Hu does not teach the electrode is what is moved alongside the rail of the device. Hu also does not explicitly disclose more than one electrode. Therefore Hu differs from the claimed invention in that Hu does not teach the smoking device comprising a rail and a motor wherein the motor is configured to move the two or more electrodes axially along the length of the capsule by sliding the two or more electrodes along the rail.
Liu (US-20230210169-A1) directed to a power supply assembly and an electronic vaporization device discloses the power supply assembly including a conductive adsorption member that is electrically connected to a circuit board and includes a first electrode electrically connected to the vaporization assembly, wherein the first electrode needle is electrically connected to the circuit board and includes a second electrode electrically connected to the vaporization assembly (abstract).
Liu further discloses the power supply mechanism further includes a first elastic member, the first conductive mounting base has a first guide slideway, the first electrode needle is slidably connected to the first guide slideway, and the first elastic member deformably abuts between the first electrode needle and the first conductive mounting base.
Liu differs from the claimed invention in that while Liu teaches two moving electrodes, Liu does not explicitly disclose the moving electrodes move axially along the length of the capsule.
As such, no prior art appears to disclose or reasonably suggest a smoking device comprising a rail and a motor wherein the motor is configured to move the two or more electrodes axially along the length of the capsule by sliding the two or more electrodes along the rail as recited in claim 5 and therefore claim 5 is indicated as having allowable subject matter.
Conclusion
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/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755