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 1-16 are pending and are subject to this Office Action. Claims 14 and 16 are withdrawn. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election without traverse of Claims 1-13 and 15 in the reply filed on 07/06/2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 9, 10, 11, 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2021162224 A1), and further in view of Lim (US 20200221782 A1) and Sur (US 20180132531 A1).
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With regard to Claim 1, Lee, directed to an aerosol generating device and system, teaches (i) an aerosol generating device comprising a heat dissipating structure (Fig. 5A: #160). (ii) The device includes an inner and outer wall (Fig. 5A: #261 & #262) forming a housing around an accommodation space (Fig. 5A: #232) into which a cigarette (Fig. 3: #20) can be inserted [83]. (iii) The inner and outer wall (Fig. 5A: #261 & #262) may form an opening (Fig. 5A: “O”) for the cigarette to be inserted through [85]. (iv) The device may further include a support (Fig. 5A: #251), first support wall (Fig. 5A: #252), second support wall (Fig. 5A: 253), and a connection wall (Fig. 5A: #254), forming a support structure [103].
(v) The first support wall (Fig. 5A: #252) forms the accommodation space (Fig. 5A: #232) which receives the cigarette [6]. (vi) A coil (Fig. 5A: #240) is arranged in a coil accommodation space between the first support wall (Fig. 5A: #252) and the second support wall (Fig. 5A: #253, [104]). (vii) The coil (Fig. 5A: #240) generates an induced magnetic field, and a susceptor (Fig. 5A: #250) is heated by the induced field to heat the cigarette (Claim 1). (viii) Figure 5A illustrates wherein the coil (Fig. 5A: #240) is entirely located within the radial envelope formed by the first and second support walls (Fig. 5A: #252 & #253). Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
A first cover coupled to the body
The first cover including an article insertion portion into which the aerosol generating article is inserted
Wherein the heater completely overlaps the support unit, based on a second direction crossing a first direction in which the support unit extends
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In regards to i. and ii., Lim, directed to an aerosol generating device, teaches (i) a cap (Fig. 7: #10) coupled to a case (Fig. 7: #20, [0076]). (ii) The cap (Fig. 7: #10) includes an insertion hole (Fig. 7: #18) into which a cigarette is inserted [0077], in order to provide a structure through which the cigarette can be received while allowing the structure to be selectively removed from the body [0076-0077].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the body of Lee to wherein a first cover is coupled to the body, including an article insertion portion into which the aerosol generating article is inserted because both Lee and Lim are directed to aerosol generating devices configured to receive aerosol generating articles. Lim teaches a cap with an insertion hole to provide a structure through which the cigarette can be received while allowing the structure to be selectively removed from the body [0076-0077] and this merely involves applying a known cover to a known device ready for improvement to yield predictable results.
In regards to iii., Sur, directed to an induction-based aerosol delivery device, teaches (iii) wherein a coil may be positioned at an outer surface of a coil support or fully imbedded in the coil support [0068] so that the coil does not move into contact with and short circuit a resonant receiver coupling device or other structure [0068].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater of modified Lee to wherein the heater completely overlaps the support unit, based on a second direction crossing a first direction in which the support unit extends because both Lee and Sur are directed to inductive heating in aerosol generating devices. Sur teaches a coil on an outer surface of or fully embedded in a coil support to prevent short circuiting with other structures and this merely involves applying a known heater configuration to a known aerosol generating device, ready for improvement, to yield predictable results.
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With regard to Claim 3, Figure 5A of Lee illustrates a longitudinal cross-sectional view [17] of the support (Fig. 5A: #251) and the induction coil (Fig. 5A: #240), wherein the support (Fig. 5A: #251) extends in a first longitudinal direction and the cross-sectional portion of the coil (Fig. 5A: #240) are arranged along the first longitudinal direction between the first and second support walls (Fig. 5A: #252 & #253]. Thus, when the heater assembly is cut along a plane with both the longitudinal direction of support (Fig. 5A: #251) and a transverse direction crossing the longitudinal direction, the cross-sections of the turns of coil (Fig. 5A: #240) extend along the longitudinal direction of the support (Fig. 5A: #251).
With regard to Claim 9, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
The first cover further including a cover insulation member that extends in a direction in which the heater extends and is between the heater and the body
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Sur teaches an outer body (Fig. 5: #304), relating to the first cover, comprising an insulation (Fig. 5: #502) that extends in the same direction as the coil (Fig. 5: #404, [0072]). The insulator (Fig. 5: #502) is between the coil (Fig. 5: #404) and the external control body (Fig. 5: #104), as shown in Figure 5. One of ordinary skill in the art would have been motivated to include the insulator in modified Lee to avoid transmitting current to the outer body [0072].
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the first cover of modified Lee to include a cover insulation member that extends in a direction in which the heater extends and is between the heater and the body because both Lee and Sur are directed to inductive heating in aerosol generating devices. Sur teaches an insulator to avoid transmitting current to the outer body [0072] and this merely involves applying a known temperature control technique to a known heating assembly ready for improvement to yield predictable results.
With regard to Claim 10, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
Wherein, when the first cover is coupled to the body, the cover insulation member is inserted into the body
The cover insulation member surrounds a part of an outer side of the heater
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Sur teaches (i) wherein the outer body (Fig. 5: #304) is contained within the control body (Fig. 5: #104, [0062]). The insulator (Fig. 5: #502) is contained within the outer body (Fig. 5: #304, [0072]). It would have been obvious to one of ordinary skill in the art that once assembled, since the insulator is within the outer body (Fig. 5: #304) and the outer body (Fig. 5: #304) is within the control body (Fig. 5: #104), the insulator (Fig. 5: #502) would also be inserted into the control body (Fig. 5: #104).
(ii) Further, Sur discloses wherein the transmitter coupling device (Fig. 5: #302) is tubular, includes a tubular support (Fig. 5: #402) and a helical coil (Fig. 5: #404, [0068-0069]). Thus, based on the shape of the device and positioning of the insulator (Fig. 5: #502), it would've been obvious that the insulator surrounds an outer side of the coil (Fig. 5: #404), as illustrated in Figure 5. One of ordinary skill in the art would have been motivated to include the insulator in modified Lee to avoid transmitting current to the outer body [0072].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater of modified Lee to wherein when the first cover is coupled to the body, the cover insulation member is inserted into the body and surrounds a part of an outer side of the heater because both Lee and Sur are directed to inductive heating in aerosol generating devices. Sur teaches wherein the insulator surrounds a coil to avoid transmitting current to the outer body [0072] and this merely involves applying a known insulating technique to a known aerosol generating device, ready for improvement, to yield predictable results.
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With regard to Claim 11, Lee teaches a cigarette recognition sensor (Fig. 6: #380), within the inner and outer walls (Fig. 5A: #361 & #362), that may include a detection coil, on an outer part of the coil (Fig. 6: #340), to output an inductance value based on a frequency value that changes according to insertion or extraction of the cigarette into an accommodation space (Fig. 6: #332, [111]).
With regard to Claim 12, Lee teaches a shielding portion (Fig. 6: #370) provided outside of the cigarette recognition sensor (Fig. 6: #380, [113]), comprising the detection coil, and the inner and outer walls (Fig. 5A: #361 & #362). Figure 6 illustrates a detailed cross-sectional view where the shielding portion (Fig. 6: #370) surrounds the cigarette recognition sensor (Fig. 6: #380, [113]), comprising the detection coil.
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With regard to Claim 15, Lee teaches (i) an aerosol generating device comprising a heat dissipating structure (Fig. 5A: #160). (ii) The device comprises a battery (Fig. 1: #11000) which supplies electric power to be used for operation of the aerosol generating device, including power supplied to the coil [47]. (iii) A controller (Fig. 1: #12000) is configured to control operations of the aerosol generating device, including controlling power supplied to the coil [48].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2021162224 A1), Lim (US 20200221782 A1), and Sur (US 20180132531 A1), as applied to claim 1 above, further in view of Fursa (US 20210145061 A1) and Zinovik (EP 3145341 B1, as cited in IDS dated 06/04/2026).
With regard to Claim 2, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
Wherein the support unit and the heater are insert-injected
Fursa, directed to an aerosol generating device, teaches wherein at least a portion of the housing is formed by over molding of the housing over a pre-formed inductor coil, integrating manufacture of the housing and assembly of the inductor coil with the housing into a single manufacturing step [0027]. The over molding allows retention of the inductor coil [0027].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater assembly of modified Lee to wherein the support unit and the heater are insert-injected because both Lee and Fursa are directed to inductive heating in aerosol generating devices. Fursa teaches wherein a housing is over molded over a pre-formed inductor coil, allowing retention of the inductor coil [0027] and this merely involves applying a known process to a known assembly ready for improvement to yield predictable results.
Zinovik, directed to an inductive heating device, teaches an induction coil molded into a supporting pin, wherein the induction coil is arranged inside and embedded within the pin [0031]. Zinovik further teaches that the pin and housing may be manufactured by injection molding [0013]. It would have been obvious for one of ordinary skill in the art to modify the heater assembly of Lee in view of Fursa by using Zinovik's injection molding technique to form the supporting structure over Fursa's pre-formed inductor coil, resulting in the claimed insert-injected configuration. Zinovik teaches injection molding of the supporting structure to facilitate and ease manufacture [0013].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater assembly of modified Lee to wherein the support unit and the heater are insert-injected because both Lee and Zinovik are directed to inductive aerosol generating devices. Zinovik teaches a pin and housing that may be manufactured by injection molding to ease manufacture [0013] and this merely involves combining prior art elements according to known integration techniques to yield predictable results.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2021162224 A1), Lim (US 20200221782 A1), and Sur (US 20180132531 A1), as applied to claims 1 and 3 above, further in view of Reevell (US 20200245682 A1).
With regard to Claim 4, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
Wherein a frequency of the magnetic field applied to the susceptor is 5 MHz or more
Reevell, directed to an aerosol generating device, teaches passing a high frequency alternating current through an induction coil, where the induction coil creates an alternating magnetic field that penetrates a heating element [0003 & 0010]. A high frequency AC current is understood to be frequency ranging from 5 MHz to 7 MHz [0010] to facilitate rapid heating for generating an aerosol [0003]. The range of Reevell overlaps with the claimed range and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the magnetic field of modified Lee to wherein a frequency of the magnetic field applied to the susceptor is 5 MHz or more because both Lee and Reevell are directed to inductive heating in aerosol generating devices. Reevell teaches a frequency ranging from 5 MHz to 7 MHz [0010] to facilitate rapid heating for generating an aerosol [0003] and this merely involves applying a known frequency value to a similar aerosol generating device utilizing induction, to yield predictable results.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2021162224 A1), Lim (US 20200221782 A1), and Sur (US 20180132531 A1), as applied to claim 1 above, further in view of Taurino (US 20210204603 A1, as cited in IDS dated 07/09/2024).
With regard to Claim 5, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
Wherein, a gap between adjacent portions of the heater on a first side of the support unit is different from a gap between adjacent portions of the heater on a second side of the support unit
Taurino, directed to an aerosol-generating device, teaches an inductor coil having first, second, and third portions, wherein the number of turns per unit length is less than the number of turns per unit length in one or both of the first and second portions [0007] to obtain a more uniform temperature profile [0009]. The number of turns per unit length may decrease from the first portion to the third portion [0019], thus providing different spacing between adjacent turns at different portions of the coil.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the magnetic field of modified Lee to wherein a gap between adjacent portions of the heater on a first side of the support unit is different from a gap between adjacent portions of the heater on a second side of the support unit because both Lee and Taurino are directed to inductive heating in aerosol generating devices. Taurino teaches wherein a number of turns per unit length decreases in different portions of a coil to obtain a more uniform temperature profile [0009] and this merely involves applying a known spacing technique to a known coil ready for improvement, to yield predictable results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2021162224 A1), Lim (US 20200221782 A1), and Sur (US 20180132531 A1), as applied to claim 1 above, further in view of Batista (US 20220386698 A1, as cited in IDS dated 07/09/2024).
With regard to Claim 6, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
Wherein the heater includes a first heater and a second heater, which are arranged in different portions of the support unit
Batista, directed to an inductive heating arrangement, teaches a first induction coil surrounding a first region of a device cavity and a second induction coil surrounding a second region of a device cavity [0016] to enable the device to generate aerosol with different characteristics, increasing functionality and flexibility of the device [0017].
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the heater of modified Lee to wherein the heater includes a first heater and a second heater, which are arranged in different portions of the support unit because both Lee and Batista are directed induction coils in aerosol generating devices. Batista teaches first and second induction coils surrounding different regions to enable the device to generate aerosol with different characteristics, increasing functionality and flexibility of the device [0017] and this merely involves applying a known multi-coil arrangement to a known heating assembly ready for improvement to yield predictable results.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2021162224 A1), Lim (US 20200221782 A1), and Sur (US 20180132531 A1), as applied to claim 1 above, further in view of Voerman (WO 2022167280 A1).
With regard to Claim 7, Lee teaches wherein the aerosol generating device may include a temperature detecting sensor [64]. Modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
The sensing unit supported by the support unit inside the body and detecting a temperature of at least one of the support unit and heater
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Voerman teaches a temperature sensor (Fig. 5: #60) positioned on a coil support body (Fig. 5: #50) within the induction heating assembly (Fig. 5: #11). The temperature sensor (Fig. 5: #60) measures the temperature of part of the inductively heatable susceptor (Pg. 15, Lines 3-9) to control the magnitude of the alternating electrical current supplied to the induction coil (Pg. 17, Lines 13-17).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the assembly of modified Lee to wherein the sensing unit is supported by the support unit inside the body and detecting a temperature of at least one of the support unit and heater because both Lee and Voerman are directed to temperature sensing in aerosol generating devices using inductive heating. Voerman teaches a temperature sensor that measures the temperature of a susceptor to control the magnitude of the alternating electrical current supplied to the induction coil (Pg. 17, Lines 13-17) and this merely involves applying a known sensing technique to a known heating assembly ready for improvement to yield predictable results.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2021162224 A1), Lim (US 20200221782 A1), Sur (US 20180132531 A1), and Voerman (WO 2022167280 A1), as applied to claims 1 and 7 above, and further in view of Bessant (WO 2022090156 A1).
With regard to Claim 8, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
A sensing connection unit provided at a portion where the support unit is connected to the sensing unit and including a metal material
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Bessant, directed to a heating assembly, teaches a temperature sensor (Fig. 1: #38) comprising electrical connections made of metal material [0037]. The sensor connections are formed on the substrate layer (Fig. 1: #10) and the temperature sensor (Fig. 1: #38) is attached to those connections [0037]. One of ordinary skill in the art would be motivation to apply the connections and material of Bessant to modified Lee to allow for a simple manufacturing process [0037].
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the assembly of modified Lee to comprise a sensing connection unit provided at a portion where the support unit is connected to the sensing unit and including a metal material because both Lee and Bessant are directed to temperature sensing in aerosol generating devices. Bessant teaches a temperature sensor comprising metal electrical connections formed on a substrate to allow for a simple manufacturing process [0037] and this merely involves applying a known sensing technique to a known heating assembly ready for improvement to yield predictable results.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2021162224 A1), Lim (US 20200221782 A1), and Sur (US 20180132531 A1), as applied to claim 1 above, further in view of Lu (WO 2022194279 A1, hereinafter citations referring to English language equivalent US 20240172795 A1) and Ouyang (CN 212368320 U, hereinafter citations referring to English Machine Translation).
With regard to Claim 13, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to:
A second cover coupled to the body to form the accommodation space together with the body and the first cover
A sealing portion inserted into a through hole formed in the second cover and configured to seal the through hole
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Lu, directed to a heating mechanism, teaches (i) a lower end cap (Fig. 3: #1089) coupled to a base body (Fig. 3: #10851), wherein the lower end cap (Fig. 3: #1089) is sleeved on the second end of the base body [0038]. The heating chamber for receiving an aerosol generation product is formed within the base body and lower end cap structure [0040], and when the product is inserted, the product abuts the open end of inner cylinder (Fig 3: #10891) of the lower end cap (Fig. 3: #1089, [0041]). Thus, the lower end cap (Fig. 3: #1089) forms a lower end portion of the accommodation space. (ii) The lower end cap (Fig. 3: #1089) further comprises a through hole on the lower end cap (Fig. 3: #1089, [0045]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater assembly of modified Lee to comprise second cover coupled to the body to form the accommodation space together with the body and the first cover and a through hole formed in the second cover because both Lee and Lu are directed to tubular heating assemblies in aerosol generating devices. Lu teaches a lower end cap to provide an increased thermal conduction distance to avoid hazards [0042] and this merely involves applying a known cover to a known aerosol generating device, ready for improvement, to yield predictable results.
In regards to ii., Ouyang, directed to an electronic cigarette, teaches a first sealing member arranged within a wire hole [0041]. One of ordinary skill in the art would have found it obvious to combine this sealing arrangement with the second cover and through hole of Lee as modified by Lu to seal the gap between the hole and what is passing through the hole [0041] and lowers the risk of liquid seeping into parts of the device [0041].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the second cover of modified Lee to comprise a sealing portion inserted into a through hole formed in the second cover and configured to seal the through hole because both Lee and Ouyang are directed to electrically power aerosol generating devices. Ouyang teaches a sealing member arranged within a wire hole to seal a gap, lowering the risk of liquid seeping into parts of the device [0041] and this merely involves applying a known sealing technique to a known cover ready for improvement, to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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