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 without traverse of Species A in the reply filed on 29 June 2026 is acknowledged.
Claims 11-13 and 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 29 June 2026.
Claim Interpretation
No claim limitations are interpreted under 112(f).
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.
(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.
Claims 1-4, 6-9, and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen (US 20220346451).
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Regarding claim 1, Chen discloses:
A heating assembly, used in an aerosol-forming apparatus, comprising:
a heating rod (housing 41, see Fig 7 ¶113, the embodiment of Fig 9 also appears to anticipate, see housing 61);
a base film (insulator 43, ¶116, 63) at least partially wrapping the heating rod;
a heating film (heating element 42, ¶113, 62 in Fig 9) arranged between the base film and the heating rod (there is a layer of insulator 43 outside of heating element 42, as shown in Fig 7); and
two electrode leads (¶421, ¶113, 621 in Fig 9),
wherein each electrode lead of the two electrode leads comprises a conduction portion arranged between the base film and the heating rod (as shown in Fig 7, there is a layer of insulator 43 outside of pin 421) and connected to the heating film (¶117).
Regarding claim 2, Chen discloses:
the base film, the heating film, and the two electrode leads are sintered together by co-firing (the heating element and leads are embedded in insulator 43, so ¶119 “insulating paste is prepared from a porous ceramic powder and a binder and the like, and then an insulator with a certain structural strength is formed by filling, curing, etc.,” in particular the curing, implies co-firing).
Regarding claim 3, Chen discloses:
two conductive films (see annotated Fig 8 above), wherein the two conductive films are arranged between (See Fig 7, showing a layer of insulator 43 outside of heating layer 42) the base film (43) and the heating rod (41) and respectively connected to the heating film and the two electrode leads.
Regarding claim 4, Chen discloses:
the base film, the heating film, the two conductive films, and the two electrode leads are sintered together by co-firing (the heating element and leads are embedded in insulator 43, so ¶119 “insulating paste is prepared from a porous ceramic powder and a binder and the like, and then an insulator with a certain structural strength is formed by filling, curing, etc.,” in particular the curing, implies co-firing).
Regarding claim 6, Chen discloses:
each of the two conductive films and the conduction portion are at least partially overlapped with each other (Fig 8 shows pin 421 extending outside of an uninterrupted conduction portion).
Regarding claim 7, Chen discloses:
a fixing base (see annotated Fig 7) arranged on one end of the heating rod (41).
Regarding claim 8, Chen discloses:
a gap (see annotated Fig 7. Due to the large cross-sectional area of the conductive film, it has low resistance and is not an effective heater.) is formed between the heating film and the fixing base.
Regarding claim 9, Chen discloses:
base film is located entirely outside the fixing base, or the base film is partially accommodated in the fixing base (base film 43/63 is formed in one piece with the fixing base, and thus can be interpreted to meet either of these limitations, depending on how the boundary between base film and fixing base is interpreted).
Regarding claim 18, Chen discloses:
An aerosol-forming apparatus (¶1 “a heat-not-burn smoking device”), comprising: the heating assembly of claim 1.
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20220346451) in view of Nettenstrom (US 20190099561).
Regarding claim 14, Chen does not disclose:
a diameter or a width of the conduction portion is 0.2 mm to 1 mm.
Chen is silent on the diameter of the conductors/pins 421.
Nettenstrom teaches a vaporizer, such as an electronic cigarette (¶2) having an electrode 522A/B supplying power to a heater 522 for vaporizing (¶11). The electrode has a diameter of about 0.25 mm (¶84).
COMBINATION
It would have been obvious to one of ordinary4 skill in the art before the effective filing date of the claimed invention to have modified the vaporizer of Chen to have an electrode diameter of about 0.25 mm because Nettenstrom teaches that this is appropriate for delivering power to a heater of a vaporizer.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20220346451) in view of Han (CN 114766725).
Regarding claim 17, Chen does not disclose:
a protective layer arranged on an outer surface of the base film, wherein the protective layer has a smooth dense surface.
Chen is silent on the diameter of the conductors/pins 421.
Chen discloses a high temperature resistant coating on a surface configured to contact tobacco, but not on an outer surface of the insulating layer.
Han teaches an aerosol generating device (¶2) having a ceramic heating body 11 (¶48) with a protective layer 14. Although the protective layer is disposed at the surface that interfaces with the aerosol generating substrate, Han teaches advantages of the coating that would be applicable to surfaces that do not contact the aerosol generating substrate. Han teaches that the protective layer is a glass glaze or ceramic coating that reduces the corrosive effect of oxygen and impurities on the heating body, improve the life of the heating element, improve the surface smoothness of the heating element, and reduces the adhesion of aerosols (¶46).
COMBINATION
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 the vaporizer of Chen to include a protective layer on an outer surface of the base film 13 to obtain the benefits of reducing corrosion, extending life, improving smoothness, and reducing soiling.
Allowable Subject Matter
Claims 5 and 10 are 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.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
EPO approach:
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Regarding claim 1, Lim (US 20220408812) discloses:
A heating assembly, used in an aerosol-forming apparatus, comprising:
a heating rod (structure 1310 in which a cylinder and a cone are combined, ¶133);
a base film (flexible substrate 510, see Fig 5, ¶135) at least partially wrapping the heating rod;
a heating film (conductive track 521, ¶87) arranged between the base film and the heating rod (¶132); and
two electrode leads (electrodes 531, 532, ¶91),
wherein each electrode lead of the two electrode leads comprises a conduction portion arranged between the base film and the heating rod (¶132 describes a related embodiment. ¶133 describes the embodiment of Fig 13 with the heating rod and is a bit less clear about whether the heating circuit faces inward or outward, but Fig 13 does show the heating circuit in ghost/broken lines and ¶133 states “a layer on which the electrically conductive track pattern 521 (refer to FIG. 5) and the temperature sensor 540 seated thereon are formed, may surround the outside of the structure 1310,” and is thus understood to be between 1310 and 510) and connected to the heating film.
Regarding claim 3, Lim (US 20220408812) discloses:
two conductive films (see annotated Fig 5), wherein the two conductive films are arranged between the base film (510) and the heating rod (1310) and respectively connected to the heating film and the two electrode leads (531, 532).
Regarding claim 2, Lim does not disclose:
the base film, the heating film, and the two electrode leads are sintered together by co-firing.
Lim discloses that the base film 510 may be ceramic (¶85) and the heater may be ceramic (¶61). However, Lim describes the base film as “flexible” 26 times, every time it is referred to in the description. Sintering would change the properties of the substrate to no longer be flexible. Lim teaches away from this modification.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOPAZ L ELLIOTT whose telephone number is (571)270-5851. The examiner can normally be reached Monday-Friday 9 a.m. - 4 p.m. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761
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