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 .
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.
Claim(s) 1-7, 9, and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (US 20200154766 A1) in view of Lee et al. (US 20200086068 A1).
Regarding Claim 1, Jeong (US 20200154766 A1) teaches a heater assembly (Figure 1, element 100) for an aerosol generating device (Figure 10, element 200), comprising: a heater (Figure 4, element 111) having formed therein an accommodating space (Figure 3, [0046]) in which an aerosol generating article is accommodated (Figure 3, element 10, [0046]), the heater being configured to heat the aerosol generating article accommodated in the accommodating space (Figure 3, [0047]); and a heater accommodating portion connected to the heater (See annotated Figure 3 below) so that aerosols generated from an aerosol generating material flow to the aerosol generating article accommodated in the accommodating space ([0121]-[0125]).
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Annotated Figure 3
Jeong teaches the heater accommodation space being attached to the heater (See annotated Figure 3 above) but does not teach the heater accommodation space being insert-injected with the heater.
Lee et al. (US 20200086068 A1) teaches that parts of a vapor generating device can be integrally fixed together by insert-injection ([0127]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to join the heater accommodating portion and the heater of Jeong by insert injection, as taught by Lee et al., to avoid gap between the heater and the heater accommodating portion thereby enhancing sealing effect and preventing external materials from being introduced.
Regarding Claim 2, the combination of Jeong and Lee satisfies the limitations of Claim 1.
By modifying Jeong’s design to include a heater and a heater accommodating portion joined through insert-injection molding, the component become integrally joined. Consequently, a person of ordinary skill in the art would have a reasonable expectation that this modification results in a device where the heater and its accommodating portion are integrally connected.
Regarding Claim 3, the combination of Jeong as modified by Lee et al. teaches the elements of Claim 1.
Jeong discloses a heater with a protruding member (Figure 4, element 111d) protruding towards the heater accommodating portion (Figure 2).
Regarding Claim 4, the combination of Jeong and Lee et al. teaches all the elements of Claim 1.
Jeong teaches a heater comprising an extending portion (Figure 4, element 111d) extending in a direction crossing a direction in which the heater accommodating portion extends (Figure 2).
Regarding Claim 5, the combination of Jeong and Lee et al. teaches all the elements of Claim 4.
Jeong teaches a heater accommodating portion (Figure 2, element 131) connected to the heater to surround an entire outer side of the extending portion (Element 111d).
Regarding Claim 6, the combination of Jeong and Lee et al. teaches all the elements of Claim 4.
Jeong teaches an inner surface of the heater, facing the accommodating space, and an inner surface of the heater accommodating portion, facing the accommodating space, are connected to each other through a continuous surface (see annotated Figure 3 below).
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Regarding Claim 7, the combination of Jeong and Lee et al. teaches all the elements of Claim 1.
While Jeong alone does not disclose a heater comprising a first extending portion extending in a second direction crossing a first direction in which the heater accommodating portion and a second extending portion extending in the first direction from the first extending portion, Lee et al. explicitly teaches a heater comprising a first extending portion (Figure 8, element 22) extending in a second direction crossing a first direction in which the heater accommodating portion extends; and a second extending portion (Figure 8, element 127) extending in the first direction from the first extending portion.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the heater configuration taught by Lee into the assembly of Jeong to prevent relative movement (shaking and floating) of the heater.
With respect to Claim 9, the combined teachings of Jeong and Lee et al. disclose every element of Claim 1.
Since Jeong has been modified to have the heater and the heater accommodating portion be joined by insert-injection molding for claim 1, a skilled artisan would have reasonable expectation that the device of Jeong modified by Lee would have the heater extending in a direction in which the heater accommodating portion extends to be insert-injected with the heater accommodating portion (Figure 3 of Jeong).
With respect to Claim 12, the combined teachings of Jeong and Lee et al. disclose every element of Claim 1.
Jeong also teaches that the heater accommodating portion comprises an aerosol inlet hole (Figure 3, element 134, [0123] - [0125]) connected to a chamber that is a space in which the aerosols are generated (Figure 3, [0125]).
With respect to claim 13, Jeong teaches a heater assembly (Figure 1, element 100) for an aerosol generating device (Figure 10, element 200), comprising: a heater (Figure 4, element 111) having formed therein an accommodating space (Figure 3, [0046]) in which an aerosol generating article is accommodated (Figure 3, element 10, [0046]), the heater being configured to heat the aerosol generating article accommodated in the accommodating space (Figure 3, [0047]); and a heater accommodating portion connected to the heater (See annotated Figure 3 below) so that aerosols generated from an aerosol generating material flow to the aerosol generating article accommodated in the accommodating space ([0121] - [0125]). Jeong teaches device accommodating the aerosol generating article and configured to heat the aerosol generating article ([0045] - [0046]). Jeong teaches a cartridge for storing the aerosol generating material (Figure 8 & 12, element 120, [0087]) that is coupled to a heater assembly (Figure 3, [0061], [0107], [0110], [0122]), and to facilitate the passage of generated aerosols to the aerosol generating article ([0121] & [0122]).
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Annotated Figure 3
Jeong teaches the heater accommodation space being attached to the heater (See annotated Figure 3 above) but does not teach the heater accommodation space being insert-injected with the heater.
Lee et al. (US 20200086068 A1) teaches that parts of a vapor generating device can be integrally fixed together by insert-injection ([0127]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to join the heater accommodating portion and the heater of Jeong by insert injection, as taught by Lee, to avoid gap between the heater and the heater accommodating portion thereby enhancing sealing effect and preventing external materials from being introduced.
With respect to Claim 14, the combined teachings of Jeong and Lee et al. disclose every element of Claim 13.
Jeong also teaches a cartridge (element 120) comprising a storage (Figure 3, element 122a) in which the aerosol generating material is stored ([0087]); a heating unit (Figure 3, element 121, [0091]) configured to absorb the aerosol generating material stored in the storage and heat the aerosol generating material ([0087] & [0088]); and a chamber (Figure 8, element 124) accommodating the heating unit and providing a space in which the aerosols are generated (Figure 3, element 125).
With respect to Claim 15, the combined teachings of Jeong and Lee et al. disclose every element of Claim 13.
Jeong also teaches that aerosols generated in the cartridge are externally discharged through the aerosol generating article accommodated in the heater assembly ([0125]).
Claim(s) 8, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (US 20200154766 A1) in view of Lee et al. (US 20200086068 A1) as applied to claim 1 above, and further in view of Kim et al. (WO 2021246621 A1).
With respect to Claim 8, the combined teachings of Jeong and Lee et al. disclose every element of Claim 1.
While Jeong alone does not teach a sealing ring configured to surround a heater and a heater accommodating portion together, Kim et al. (WO 2021246621 A1) teaches a sealing stopper (Figure 11, element 50, [64]) arranged to seal the space between the heat transfer pipe and the cover ([4]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to incorporate the sealing stopper of Kim et al. into the device of Jeong (as modified by Lee et al.) with reasonable expectation of success because a sealing prevents any heat loss, thereby improving heating performance and stability ([6]).
Regarding Claim 10, the combined teachings of Jeong and Lee et al. disclose every limitation of Claim 1.
Specifically, Jeong teaches a heater comprising a film (Figure 6, element 111b, [0051]) configured to generate heat when power is applied and a heat transfer member (Figure 6, element 111a, [0051]) located inside the film and configured to transfer the heat generated in the film to the aerosol generating article accommodated in the accommodating space ([0045]).
While Jeong does not explicitly disclose that the heat transfer membrane is a pipe, Kim et al. (WO 2021246621 A1) teaches a tubular transfer pipe (Figure 3, element 10, [35]) configured to transfer the heat to a target object.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jeong’s heat transfer member with a pipe as taught by Kim et al. because the transfer pipe has higher surface area-volume ratio which improves thermal distribution and ensures uniform heating of aerosol generating article.
Regarding Claim 11, the combined teachings of Jeong, Lee et al., and Kim et al. disclose every element of Claim 10.
By modifying Jeong’s device (as previously modified by Lee et al.) to replace the heat transfer membrane with Kim’s heat transfer pipe, the resulting structure yields the insert-injected pipe described in claim 10. Consequently, a person of ordinary skill in the art would reasonably expect this modification produce a device where the heat transfer pipe is insert-injected into the heater-accommodating portion.
Conclusion
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/PRADEEP PAUDEL/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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