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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters “350” and “350a” have both been used to designate the airflow cover air inlet. In paragraph 152, the air inlet is labeled as 350 and should be corrected to 350a. The characters “37” and “370” have both been used to designate the sensor receivers. In paragraph 185, the receiver should be relabeled from 37 to 370. The characters “372” and “382” have both been used to designate the article detecting sensor receiver. In paragraph 189, the article detecting sensor receiver should be relabeled as “372”. The characters “241”, “242”, “243”, “244”, and “245” along with the characters “24a”, “24b”, “24c”, “24d”, and 24e” have been used to designate the first through fifth wrappers. In paragraphs 215 – 222 the first through fifth wrappers should be relabeled as “24a” through “24e” to match figure 11. The characters “351”, “352”, “353”, “354”, and “355 along with the characters “35a”, “35b”, “35c”, “35d”, and “35e” have been used to designate the first through fifth wrappers. In paragraphs 242 – 251 the first through fifth wrappers should be relabeled as “35a” through “35e” to match figure 12. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “351” has been used to designate both an air flow passage cover body and a first wrapper. In paragraphs 242 and 245, the character “351” should be corrected to “35a” to match figure 12. The character “352” has been used to designate both a cover locking member, and a second wrapper. In paragraphs 242, 246, and 247, “352” should be corrected to “35b” to match figure 12. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in paragraph 196 embodiment should replace the word embedment.
Appropriate correction is required.
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.
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, 6, 7, 8, 11, 12, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022191517 A1 (Kim et al. 2022), and further in view of both WO 2023084196 A1 (Mihai 2023) and KR 20220161780 A (Kim et al. 2022).
Regarding claims 1 and 15, Kim ‘1517 teaches an aerosol generating device (100) which includes include a heater (130), a coil (131), a battery (110), and a controller (120) (paragraph 30, figure 1). The aerosol generating device (200) includes an insertion hole (250) configured to receive an aerosol generating article, and that the insertion hole is arranged on an upper surface of the housing (paragraph 69, figure 3). Kim ‘1517 further teaches that the coil (131) applies an alternating magnetic field to the heater (130) (paragraph 38, figure 1). And that the heater includes a susceptor material to generate heat in the external magnetic field which is used to heat the aerosol generating article accommodated in the insertion hole (paragraph 38, figure 1). Additionally, Kim teaches an outer flow passage (261) which is arranged between the coil (231) and the housing (240) (paragraph 75, figure 3). As this forms an airflow path external to the main body of the device, the housing (240) outside the outer flow passage can be
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considered an air flow passage cover.
[AltContent: textbox (Figure 1 – Figure 3 from WO 2022191517 A1 (Kim et al. 2022) showing external airflow passage (261), air flow cover (240 and dotted grey line) and the body of the device (black lines).)]
Additionally, Kim ‘1517 teaches that the battery (110) supplies power to the aerosol generating device (100). The battery (110) also supplies power to the coil (131) (paragraph 44; figure 1). Additionally, the controller (120) controls power supply to the coil (131) (paragraph 47; figure 1).
Kim ‘1517 does not teach a pressure sensor located on the air flow passage cover configured to detect a change in the pressure inside the air flow passage or a moisture detecting sensor located on a support unit for supporting the coil and configured to detect moisture in the aerosol generating article accommodated in the receiving space. Mihai teaches an aerosol generating device that comprises an airflow sensor (30) such as a pressure sensor or flow rate sensor. The airflow sensor is disposed in a wall of the air inlet channel (25) or the chamber (50) and/or extends at least partially interior across a portion of an air flow pathway defined by an air inlet channel (25) or the chamber (50) (figures 1 & 2, page 11 lines 9-16). Mihai further teaches an aerosol generating device that includes a sensor (60) configured to estimate a level of moisture of the aerosol-generating material (43). The sensor estimates levels of moisture of a part, section or portion of the aerosol-generating material, for example the sensor (60) is configured to estimate a level of moisture in or adjacent to the aerosol generating material, such as a level of moisture between two contacts on (or near to) either side of the aerosol-generating material such that a measurement is made of the moisture within the material, and of any moisture on the surface of the material, between the contacts (page 15 lines 20 – 26).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the aerosol generating device of Kim ‘1517 with the pressure and moisture sensors of Mihai, with reasonable expectation of success, because Mihai states that the controller can use signals from both the pressure and moisture sensors to determine when or the amount of power should be supplied to the device. The pressure sensor can determine when puffs or inhalations are detected, and shut off power when not present (page 11 lines 29 – 34) while the moisture sensor can determine the amount of moisture present in the article and allow the controller to use predefined aerosol generation profiles based on moisture levels detected (page 18 lines 14 – 17).
Kim ‘1517 modified by Mihai teaches an aerosol generating article containing a receiving space for heating an aerosol generating article via a susceptor heated by a magnetic field generated by coils, along with an external airflow passage and cover, and moisture and pressure sensors configured to detect air pressure changes in the air flow passage, and moisture levels in the aerosol generating article. Kim ‘1517 modified by Mihai does not teach a moisture detector located on a support unit for supporting the coil. Kim ‘1780 teaches a heater assembly for an aerosol generating device containing a support part (9) which supports the sensing member (6). To this end, the support member (9) is included a groove into which the bent member (62) of the sensing member (6) is inserted. As the bending member (62) is inserted into the groove, the support part (9) supports the sensing member (6) (figure 17, paragraph 175 of translation). Furthermore, the support part (9) is positioned inside the heater (10) to support the heater (10) (paragraph 120) and the heater (10) can be an electrically conductive coil (paragraph 30) making the support part a coil support unit.
It would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention, to locate the moisture detecting sensor of Kim ‘1517 and Mihai on the support unit of Kim ‘1780, with reasonable expectation of success, because Kim ‘1517 indicates that even if vibration or shaking acts on the heater assembly (1) for the aerosol generating device according to the embodiment, the position of the sensing part (6) is fixed, so the sensing part (6) can stably detect temperature of the heater (10) or susceptor (paragraph 175).
Regarding claims 6 and 7, Kim ‘1517, modified by Mihai, and Kim ‘1780 teach a heater assembly for an aerosol generating device as described in claim 1. Kim ‘1517 further teaches a first air inlet (263) and the insertion hole (250) are formed on different surfaces of the housing (240). The insertion hole (250) is arranged on an upper surface of the housing (240), and the first inlet (263) is arranged on a side surface of the housing (240) (paragraph 74; figure 3). Additionally, Kim ‘1517 teaches that when a user inhales, air flows from outside into the aerosol generating device (200), through the first inlet (271). Air introduced into the second inlet (271) flows downward from the second flow passage (270). The air passing through the second flow passage (270) meets air flowing into the inner flow passage (262) from the outer flow passage (261). Air is heated by the susceptor (230) while passing through the inner flow passage (262), and is delivered to the aerosol generating article (300) (paragraphs 88 – 89; figures 4 & 6).
Regarding claim 8, Kim ‘1517, modified by Mihai, and Kim ‘1780 teaches a heater assembly for an aerosol generating device as described in claim 1. Kim ‘1517 does not teach a moisture detecting sensor located to correspond to one segment of the aerosol generating article comprising an aerosol generating material. Mihai teaches a moisture detector (60) located adjacent to the aerosol generating article (41) (figures 1 & 2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heating assembly for an aerosol generating device described by Kim ‘1517 with the location of the moisture detecting sensor of Mihai, with reasonable expectation of success, because Mihai indicates that locating the moisture sensing detector near the aerosol generating article allows measurement across the portion of the aerosol-generating material, without additionally measuring across a portion of a different component of the consumable. As a result, electrical measurements by the moisture sensor are less affected by background effects caused by the other components, if at all (page 19, lines 15 – 21).
Regarding claims 11, 12 and 14, Kim ‘1517, modified by Mihai, and Kim ‘1780 teaches a heater assembly for an aerosol generating device as described in claim 1. Kim ‘1517 modified by Mihai does not teach a first a heater assembly for an aerosol generating device comprising a cover coupled to the body and comprising an article insertion portion into which the aerosol generating article is inserted or that the first cover comprises a cover insulation member extending along a direction in which the coil extends and located between the coil and the body. In addition, Kim ‘1517 modified by Mihai does not teach a holder coupled to the first cover and comprising an insertion hole and a ridge, wherein the insertion hole communicates with the article insertion portion so that the aerosol generating article is accommodated in the receiving space, and the ridge protrudes toward the insertion hole to support the aerosol generating device.
Kim ‘1780 teaches an aerosol generating device in which one side of the first cover (3) and the body (2) and the other side of the second cover (4) and the body (2) are joined together to form a receiving space (21) for receiving the aerosol-generating article (paragraph 60 of translation; figures 4, 5 & 6). Kim ‘1780 further teaches that the first cover (3) includes a cover insulation member (32). The cover insulation member (32) extends along the length direction in which the heater (10) is extended. The cover insulation member (32) is placed between the heater (10) and the body (2) (paragraph 89 – 90 of translation; figures 5 & 6). Additionally, Kim ‘1780 teaches that the holder (20) includes an insertion hole (20a) into which an aerosol generating article (200) is inserted, a ridge (20b) that protrudes toward the insertion hole (20a) to support the aerosol generating article (200) and a holder protrusion (20c) that protrudes toward the first cover body (31) to be inserted into the holder insertion groove (312) (paragraph 128 of translation; figures 5, 6 & 7). When the holder (20) is coupled to the first body cover (31), the insertion hole (20a) of the holder (20) is connected to the first hole (311, insertion hole) of the first cover body (31) (paragraph 129 of translation).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the aerosol generating device described by Kim ‘1780 and Mihai with the cover comprising an article insertion portion, a cover insulation member, and a holder with a ridge, with reasonable expectation of success, because Kim ‘1780 indicates that the second cover, first cover, and body are arranged to surround the entire outer side of the heater, thereby functioning as a physical barrier to prevent heat generated from the heater from being released to the outside. Accordingly, the heater assembly for an aerosol generation device improves the thermal insulation performance through a physical barrier, thereby reducing the amount of power consumed to operate the heater (paragraph 62 of translation). Additionally, the holder and ridge serve to support the aerosol generating article once inserted (paragraph 128).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022191517 A1 (Kim et al. 2022), WO 2023084196 A1 (Mihai 2023) and KR 20220161780 A (Kim et al. 2022) as applied to claim 1 above, and further in view of US 20210015161 A1 (Moloney et al. 2021).
[AltContent: textbox (Figure 2 – Figure 3 from WO 2022191517 A1 (Kim et al. 2022) showing external airflow passage (261), air flow cover (240 and dotted grey line) and the body of the device (black lines). Arrow indicates possible location of article detecting sensor on airflow passage cover. )]
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Regarding claim 2, Kim ‘1517 modified by Mihai and Kim ‘1780 teaches a heater assembly for an aerosol generating device as described in claim 1. Kim ‘1517, Mihai and Kim ‘1780 do not teach an article detecting sensor located on the air flow passage cover at a position spaced apart from the pressure sensor and configured to detect a type of the aerosol generating article accommodated in the receiving space. Moloney teaches an aerosol generating article comprising a sensor arrangement (122), in the form of an optical sensor, which is configured to sense the indicia (126) indicative of a parameter associated with the article (102) (paragraph 37; figure 5). The indicia sensed by the optical sensor conveys information including the maker of the article, the type of aerosolizable medium of the article, aerosol article variants, or the suggested heating profile of the article, among other characteristics (paragraph 41). Additionally, the apparatus is configured to provide an airflow in a direction from the sensor (322) to the chamber (312). The airflow is provided by a user exhaling/inhaling into the space between the sensor (322) to the chamber (312). In another example, an air pump/pressurized source provides a source of air to enable the air to flow (paragraph 64). Therefore, the optical sensor can be considered to be located on an airflow passage cover.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the aerosol heater assembly of the aerosol generating device described by Kim ‘1517, Mihai, and Kim ‘1780, with the article detection sensor of Moloney, with reasonable expectation of success, because Moloney indicates that the sensor arrangement provides one or more inputs to the controller based on sensed indicia. The controller may determine a parameter of the article, such as whether the article is a genuine article. Preventing the use of the apparatus when a non-genuine article is inserted into the apparatus would reduce the likelihood of consumers having a poor experience due to the use of illicit consumables. The controller is also able to tailor the heat profile provided by the heater arrangement based on the determined parameter. For example, the apparatus is able to determine whether the consumable is a solid or a non-solid consumable or between different blends of tobacco in the article and tailer the heating profile accordingly (paragraphs 38). Additionally, the recitation that the pressure and article detection sensors are spaced apart from one another is a broad recitation. Since the sensors are not the same sensor, it would be obvious to space the pressure and article detection sensors apart from each other so that the sensors are not on top of one another and there is enough space for an electrical connection.
Regarding claim 3, Kim ‘1517, Mihai, Kim ‘1780 and Moloney teaches a heater assembly for an aerosol generating device as described in claim 2. Kim ‘1517, Mihai, Kim ‘1780 do not teach an air flow passage cover comprising a sensor receiver in which at least one of the pressure sensor or article detection sensor is accommodated. Moloney teaches that the optical sensor (22) is provided in a hollow element or recess that is connected to or integral with the chamber (312) (paragraph 61; figures 3, 5, 9 & 11).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heater assembly for an aerosol generating device described by Kim ‘1517, Mihai, and Kim ‘1780 with the optical sensor recess found in Moloney, with reasonable expectation of success, because Moloney indicates that the hollow tube (or recess) has a length and diameter selected such that the pathway for aerosol to travel to the sensor arrangement (322) is greater than a defined resistance level. For instance, a smaller tube diameter and a longer tube length generally decrease the probability of aerosol particles traveling along the tube and depositing on the sensor arrangement (paragraph 61).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2022191517 A1 (Kim et al. 2022), WO 2023084196 A1 (Mihai 2023), KR 20220161780 A (Kim et al. 2022), and US 20210015161 A1 (Moloney et al. 2021) as applied to claim 2 above, and further in view of US 20220408840 A1 (Adair 2022).
Regarding claim 4, Kim ‘1517, modified by Mihai, Kim ‘1780 and Moloney teach a heater assembly for an aerosol generating device as described in claim 2. Kim ‘1517, modified by Mihai, Kim ‘1780 and Moloney do not teach a pressure and article detection sensor mounted together on a mount member located on the air flow passage cover. Adair teaches an aerosol generating device where the sensor is mounted on a support bracket. The support bracket is configured to enable a portion of the sensor to at least partially extend into the vapor channel. And preferably, the support bracket is arranged across the vapor flow channel (paragraphs 79 – 82; figures 1C, 1D & 5 – sensor 150, sensor bracket 152, air flow path 118).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heater assembly described by Kim ‘1517, by Mihai, Kim ‘1780 and Moloney with the sensor bracket of Adair, with reasonable expectation of success, because Adair indicates that with the bracket mounted on the airflow cover a more accurate reading of the vapor temperature can be achieved (paragraph 81). In this way, the sensor can be supported in the path of the vapor flow in the vapor flow channel while readily allowing the generated vapor to pass through (paragraph 83). Additionally, mounting both an article detection sensor and pressure sensor on the same bracket would save space inside the airflow path cover.
[AltContent: textbox (Figure 3 – figure 3 from WO 2022191517 A1 (Kim et al. 2022). Grey dotted lines indicate airflow passage cover. Black solid line indicates possible location of mount member on air flow passage cover, with arrows indicating possible locations of pressure and article detection sensors on mount member.)]
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Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2022191517 A1 (Kim et al. 2022), WO 2023084196 A1 (Mihai 2023) and KR 20220161780 A (Kim et al. 2022) as applied to claim 1 above, and further in view of WO 202260369 A1 (Kim et al. 2022).
Regarding claim 5, Kim ‘1517, modified by Mihai, and Kim ‘1780 teaches a heater assembly for an aerosol generating device as described in claim 1. Kim ‘1517, modified by Mihai, and Kim ‘1780 does not teach a sensor protective cover coupled to the air flow passage cover to cover at least part of the pressure sensor. Kim ‘0369 teaches an aerosol generating device comprising a sensor cover (520) which is disposed to cover at least one region of the pressure sensor (500) to support the pressure sensor (paragraph 119; figures 3A & 3B and 5A & 5B). Figures 3A, 3B, 5A and 5B show
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the pressure sensor of Kim ‘1517, Mihai, Kim ‘1780, with the protective cover of Kim ‘0369 with reasonable expectation of success, because Kim ‘0369 indicates that at least a portion of the heat generated in the heater is transferred to the pressure sensor through convection and/or radiation, and the sensor cover transfers heat transferred to the pressure sensor to an outside (e.g. housing) of the pressure sensor (paragraph 119).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2022191517 A1 (Kim et al. 2022), WO 2023084196 A1 (Mihai 2023) and KR 20220161780 A (Kim et al. 2022) as applied to claim 1 above, and further in view of US 11241548 B2 (Qiu 2022).
Regarding claim 9, Kim ‘1517, modified by Mihai, and Kim ‘1780 teaches a heater assembly for an aerosol generating device as described in claim 1. Kim ‘1517, modified by Mihai, and Kim ‘1780 do not teach that at least a part of the moisture detecting sensor comprises a curved surface. Qiu teaches an aerosol generating material with a mouthpiece (10), with at least one sensor (11) being provided in an inner cavity of the mouthpiece (10). The sensor (11) is a temperature or humidity sensor, functioning to detect the temperature or the humidity of the smoke (column 3 lines 1 - 4). Preferably, in order to detect the temperature or the humidity of the smoke more accurately, the sensors (11) are provided alternatively or symmetrically on both sides of the inner cavity of the mouthpiece (10), or the sensor (11) is provided in a circular form, and is circularly provided in the inner cavity of the mouthpiece (10), or the sensor (11) is provided along, or vertical to, an axial direction of the inner cavity of the mouthpiece (column 3 lines 5 – 10; figure 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the moisture detector in the heater assembly of the aerosol generating device described by Kim ‘1517, Mihai, Kim ‘1780, with a curved moisture detector structure described by Qiu because the moisture detector of Kim ‘1517, Mihai, and Kim ‘1780 is located in the receiving space to detect moisture of the aerosol generating article. As the receiving space is an annular shape it would be obvious to have a moisture detecting sensor to match that shape (see also MPEP 2144.04 Section IV (B)).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2022191517 A1 (Kim et al. 2022), WO 2023084196 A1 (Mihai 2023) and KR 20220161780 A (Kim et al. 2022) as applied to claim 1 above, and further in view of WO 2022034087 A1 (Gao and Kuang 2022), as evidenced by WO 2022191517 A1 (Kim et al. 2022).
Regarding claim 10, Kim ‘1517, modified by Mihai, and Kim ‘1780 teaches a heater assembly for an aerosol generating device as described in claim 1. Kim ‘1517, modified by Mihai, and Kim ‘1780 does not teach a sensor bracket located outside the support unit wherein the moisture detecting sensor is coupled to the sensor bracket and coupled to the support unit. Gao teaches an aerosol generating device with a pressure capture assembly (36) which comprises a pressure sensor (61), a flexible housing (62) configured to receive the pressure sensor (61) and a holder (63) configured to fix the flexible housing (62) with the pressure sensor (61) on the bracket (24) (figures 2 & 3). Furthermore, figure 3 shows the bracket (24) would be fixed outside the support unit (63).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heater assembly of an aerosol generating device described by Kim ‘1517, Mihai, and Kim ‘1780 with a sensor coupled to a sensor bracket of Gao, with reasonable expectation of success, because Kim ‘1517 indicates that if vibrations or shaking impacts the heating assembly, the location of the moisture sensor will be fixed allowing it to stably detect moisture levels of the aerosol generating article (paragraph 175).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2022191517 A1 (Kim et al. 2022), WO 2023084196 A1 (Mihai 2023) and KR 20220161780 A (Kim et al. 2022) as applied to claim 11 above, and further in view of WO 25023001547 A1 (Pilatowicz 2023).
Regarding claim 13, Kim ‘1517, modified by Mihai, and Kim ‘1780 teaches a heater assembly for an aerosol generating device as described in claim 11. Kim ‘1780 further teaches that the sensing unit (6) detects the temperature of at least one of the heater (coil) (10) or susceptor (11) (paragraph 110 of translation). The sensing unit is positioned inside the body (2) and at least a portion of it is extended along the extended length direction that the heater (10) extends (paragraph 111 of translation; figures 5, 6, 8 & 10). Kim ‘1517, modified by Mihai, and Kim ‘1780 does not teach that the first cover further comprises an avoidance groove into which the temperature unit is inserted. Pilatowicz teaches an aerosol generating device comprising a groove formed in the outer surface (48b) of the inductively heat able susceptor (48). The temperature sensor (64) is positioned in the groove (72) so that it is recessed from the outer surface (48b) (page 16 lines 14 – 19; figures 6 – 9). Furthermore, figures 1 and 2 show the inductively heat able susceptor (48) is located inside the heating assembly (11) which is located inside the body (12).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heater assembly of an aerosol generating device described by Kim ‘1517, Mihai and Kim ‘1780 with the temperature sensor recessed in an avoidance groove of Pilatowicz, with reasonable expectation of success, because Pilatowicz indicates that by recessing the temperature sensor from the inner surface or the outer surface of the inductively heat able susceptor, the effect of the generated electromagnetic field on the temperature sensor and its component parts is minimized, resulting in a more accurate measurement of the temperature of the inductively heat able susceptor (page 6 lines 10 – 14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brendon Juengst whose telephone number is (571)272-8750. The examiner can normally be reached Mon-Fri 8:30-5.
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/BRENDON THOMAS JUENGST/ Examiner, Art Unit 1749
/KATELYN W SMITH/ Supervisory Patent Examiner, Art Unit 1749
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