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 1-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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.
Claim 1, 2, 3, 4, 5, 6, 7, 8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Mao (CN 216961530 U, hereinafter citations referring to English Machine Translation), and further in view of Kim (KR 20210150930 A, hereinafter citations referring to English Machine Translation).
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With regard to Claim 1, Mao teaches a housing (Fig. 1: #30) comprising a cavity (Fig. 3: #22) for accommodating atomized material [0070]. (ii) The device comprises a heating core (Fig. 7: #6) which generates heat during operation to atomize the atomized material [0070]. (iii) The device further includes a flexible printed coil (Fig. 7: #4) in the form of a flexible printed circuit board [0041]. The flexible printed coil (Fig. 7: #4) comprises a measuring circuit for measuring temperature of a coil circuit layer of the flexible printed coil [0078]. Mao teaches all the limitations of the claims as set forth above, however modified Mao is silent to:
A first sensor, which is configured to sense a capacitance change in the accommodation space
A second sensor, which is configured to sense an inductance change in the accommodation space
Kim, directed to an aerosol generating device, teaches (ii) a capacitance sensor that detects a change in a capacitance value to detect insertion of a consumable [0042]. (ii) Additionally, an inductance sensor may be used to detect a change in an inductance value upon insertion of the consumable [0042]. Kim further teaches utilizing a combination of information from multiple sensors to improve accuracy of measurements of the environment of the aerosol generating device [0043 & 0046]. One would understand that the sensors must be operatively connected to a circuit board or processor [0036] to detect and process the signal sent by capacitance and inductance changes. It would have been obvious to combine the sensor techniques of Kim with the circuit board of Mao, as Mao already introduces sensing components disposed on the flexible printed coil, to measure reliable and accurate information of the state of the device in regards to consumable insertion [0043 & 0046].
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 circuit board of Mao to comprise a first sensor, configured to sense a capacitance change in the accommodation space and a second sensor, configured to sense an inductance change in the accommodation space because both Mao and Kim are directed to using sensing techniques to initiate heating of an aerosol generating article. Kim teaches a capacitance and inductance sensor that detects changes in values to detect insertion of a consumable to receive reliable and accurate information of the state of the device [0043 & 0046] and this merely involves applying known sensing techniques to a known circuit board ready for improvement to yield predictable results.
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With regard to Claim 2, Mao teaches a flexible printed coil (Fig. 7: #4) in the form of a flexible printed circuit board [0041], surrounding a tubular component (Fig. 7: #2, [0039]) and used to contain a substance to be atomized [0039].
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With regard to Claim 3, Mao teaches (i) wherein a coil circuit layer (Fig. 5: #44) of the flexible printing coil (Fig. 5: #4) comprises a first extension (Fig. 5: #446) and a second extension (Fig. 5: #448, [0062]), which surround a cavity (Fig. 6: #22) for containing the substance to be atomized [0070]. (ii) One of ordinary skill in the art would have found it obvious to arrange the modified sensors of Mao on separate first and second extensions to allow for sensing at different areas of the aerosol generating substrate for improved detection of an inserted article. (iii) Figure 5 illustrates wherein bottom portions of the first extension (Fig. 5: #446) and the second extension (Fig. 5: #448) are spaced from each other, helping to improve the installation efficiency of the flexible printed coil [0065].
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With regard to Claim 4, Mao teaches (i) wherein a coil circuit layer (Fig. 5: #44) of the flexible printing coil (Fig. 5: #4) comprises a first extension (Fig. 5: #446) and a second extension (Fig. 5: #448, [0062]), which surround a cavity (Fig. 7: #22) for containing the substance to be atomized [0070]. (ii) One of ordinary skill in the art would have found it obvious to arrange the modified sensor of Mao on separate extensions to allow for sensing at different areas of the aerosol generating substrate for improved detection. (iii) Further, one of ordinary skill in the art would have found it obvious to vary the relative positions of the first and second extensions to accommodate component placement and merely involves changes in size and/or proportions (MPEP 2144.04 (IV)(A)).
With regard to Claim 5, Mao teaches (i) wherein a coil circuit layer (Fig. 5: #44) of the flexible printing coil (Fig. 5: #4) comprises a first extension (Fig. 5: #446) and a second extension (Fig. 5: #448, [0062]), which surround a cavity (Fig. 7: #22) for containing the substance to be atomized [0070]. (ii) One of ordinary skill in the art would have found it obvious to arrange the modified sensor of Mao on separate extensions to allow for sensing at different areas of the aerosol generating substrate for improved detection. (iii) Further, one of ordinary skill in the art would have found it obvious to vary the relative dimensions of the first and second extensions to accommodate component placement and merely involves changes in size and/or proportions (MPEP 2144.04 (IV)(A)).
With regard to Claim 6, Mao teaches (i) wherein a coil circuit layer (Fig. 5: #44) of the flexible printing coil (Fig. 5: #4) comprises a first extension (Fig. 5: #446) and a second extension (Fig. 5: #448, [0062]), which surround a cavity (Fig. 7: #22) for containing the substance to be atomized [0070]. (ii) One of ordinary skill in the art would have found it obvious to arrange the modified sensor of Mao on separate extensions to allow for sensing at different areas of the aerosol generating substrate for improved detection. (iii) Further, one of ordinary skill in the art would have found it obvious to vary the relative dimensions of the first and second extensions to accommodate component placement and merely involves changes in size and/or proportions (MPEP 2144.04 (IV)(A)).
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With regard to Claim 7, Mao teaches (i) wherein a coil circuit layer (Fig. 5: #44) of the flexible printing coil (Fig. 5: #4) comprises a first extension (Fig. 5: #446) and a second extension (Fig. 5: #448, [0062]), which surround a cavity (Fig. 7: #22) for containing the objected to be atomized [0070]. (ii) One of ordinary skill in the art would have found it obvious to arrange the modified sensors of Mao on separate extensions to allow for sensing at different areas of the aerosol generating substrate for improved detection. (iii) One of ordinary skill in the art would understand that when the flexible printing coil (Fig. 5: #4) is formed into a tubular structure, as shown in Figure 6, the first and second extensions (Fig. 5: #446 & #448) would face each other.
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With regard to Claim 8, Mao teaches (i) a coil circuit layer (Fig. 7: #44) that generates a changing magnetic field [0039], which is transferred to the heating core (Fig. 7: #6) towards the cavity (Fig. 7: #22). (ii) The flexible printing coil (Fig. 5: #4) comprises a first extension (Fig. 5: #446) and a second extension (Fig. 5: #448, [0062]), which surround a cavity for containing the substance to be atomized [0070]. One of ordinary skill in the art would have found it obvious to arrange the modified sensors of Mao on the separate first and second extensions to allow for sensing at different areas of the aerosol generating substrate for improved detection. Mao teaches wherein the first and second extensions (Fig. 5: #442 & #448) are connected to respective coil units of the coil circuit layer [0062-0065]. Since the extensions extend from and are positioned outwardly of the coil unit forming in the coil circuit layer, one would understand the extensions as being arranged on an outer side of the coil.
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With regard to Claim 13, Mao teaches (i) an outer housing forming an inner structure (Fig. 7: “S”) comprising the cavity (Fig. 7: #22, [0070]) and is used to contain the substance to be atomized [0039]. (ii) The flexible printing coil (Fig. 7: #22) surrounds an outer part of the tubular component (Fig. 3: #2), within the inner structure (Fig. 7: “S”). One of ordinary skill in the art would have understood that the space extending between the tubular member (Fig. 7: #2) and the inner structure (Fig. 7: “S”) of the outer housing corresponds to a groove portion extending in an axial direction of the heater (Fig. 7: #10). (ii) The flexible printing coil (Fig. 7: #4) is accommodated within the space and retained by the inner structure (Fig. 7: “S”).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Mao (CN 216961530 U, hereinafter citations referring to English Machine Translation) and Kim (KR 20210150930 A, hereinafter citations referring to English Machine Translation), as applied to claim 1 above, and further in view of Korus (US 20240099379 A1).
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With regard to Claim 9, Mao teaches (i) a coil circuit layer (Fig. 7: #44) that generates a changing magnetic field [0039], which is transferred to the heating core (Fig. 7: #6) towards the cavity (Fig. 7: #22). (ii) The flexible printing coil (Fig. 5: #4) comprises a first extension (Fig. 5: #446) and a second extension (Fig. 5: #448, [0062]), which surround a cavity (Fig. 6: #22) for containing the substance to be atomized [0070]. One of ordinary skill in the art would have found it obvious to arrange the modified sensors of Mao on the separate first and second extensions to allow for sensing at different areas of the aerosol generating substrate for improved detection. Mao teaches all the limitations of the claims as set forth above, however modified Mao is silent to:
The coil has at least two spiral pancake shapes surrounding at least a portion of the accommodation space
The extension which is arranged between the at least two spiral pancake shapes in a circumferential direction of the accommodation space
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Korus, directed to an aerosol generating device, teaches (i) first and second inductor coils (Fig. 3: #3) positioned on opposite sides of a susceptor (Fig. 3: #31). The coils can be provided along the length of a consumable (Pg. 10, Lines 3-5). One of ordinary skill in the art would have found it obvious to modify the coil around the accommodation space of modified Mao to two spiral pancakes to improve heating efficiency of the device (Pg. 12, Lines 25-26). (ii) The coils are arranged in a circumferential direction of the susceptor, as shown in Figure 4. One of ordinary skill in the art would have found it obvious to position the extension of modified Mao between the first and second coils of Korus to improve the surface area in which varying magnetic fields may be generated, thereby increasing the efficiency of the system (Pg. 12, Lines 25-29).
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 Mao to wherein the coil has at least two spiral pancake shapes surrounding at least a portion of the accommodation space and wherein the extension is arranged between the at least two spiral pancake shapes in a circumferential direction of the accommodation space because both Mao and Korus are directed to generating heat within varying magnetic fields. Korus teaches spiral shaped inductor coils arranged in a circumferential direction of a susceptor to improve the surface area in which varying magnetic fields may be generated, thereby increasing the efficiency of the system (Pg. 12, Lines 25-29) and this merely involves combining prior art elements according to known heat generation methods to yield predictable results.
Claims 10, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Mao (CN 216961530 U, hereinafter citations referring to English Machine Translation) and Kim (KR 20210150930 A, hereinafter citations referring to English Machine Translation and referred to as Kim ‘930), as applied to claim 1 above, and further in view of Kim (KR 20210150152, hereinafter citations referring to English language equivalent US 20230112831 A1 and referred to as Kim ‘152).
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With regard to Claim 10, Mao teaches (i) wherein a coil circuit layer (Fig. 7: #44) generates a changing magnetic field [0039], which is transferred to a heating core (Fig. 7: #6) towards the cavity (Fig. 7: #22). Modified Mao teaches all the limitations of the claims as set forth above, however modified Mao is silent to:
A susceptor comprising the accommodation space and configured to generate heat by a magnetic field generated by the coil
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Kim ‘152, directed to an aerosol generating device, teaches a heater (Fig. 8: #130) that may operate in the form of a susceptor [0151], wherein the heater surrounds a cigarette insertion space (Fig. 8: #160). An electrically conductive coil, using an induction heating method [0060], may heat the heater to improve a heating temperature of the cigarette [0151].
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 accommodation space of modified Mao to wherein a susceptor comprises the accommodation space and is configured to generate heat by a magnetic field generated by the coil because both Mao and Kim ‘152 are directed to generating heat using magnetic fields in aerosol generating devices. Kim ‘152 teaches a heater in the form of a susceptor to improve a heating temperature of the cigarette [0151] and this merely involves applying a known heating technique to a known aerosol generating device, ready for improvement to yield predictable results.
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With regard to Claim 11, Mao teaches (i) wherein a coil circuit layer (Fig. 7: #44) generates a changing magnetic field [0039], which is transferred to a heating core (Fig. 7: #6) towards the cavity (Fig. 7: #22). Modified Mao teaches all the limitations of the claims as set forth above, however modified Mao is silent to:
Wherein the coil is configured to generate an alternating magnetic field towards the accommodation space to induce-heat metal foil of the aerosol generating article
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Kim ‘152 teaches an electrically conductive coil using an induction heating method [0060]. A heater (Fig. 8: #130) may be heated by the coil [0151], wherein the heater surrounds the cigarette insertion space (Fig. 8: #160). The cigarette may comprise a metal foil having a high thermal conductivity to increase the heating efficiency of the aerosol generating material, affecting the current flowing from the coil [0152].
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 Mao to wherein the coil is configured to generate an alternating magnetic field towards the accommodation space to induce-heat metal foil of the aerosol generating article because both Mao and Kim ‘152 are directed to generating heat using magnetic fields in aerosol generating devices. Kim ‘152 teaches a cigarette comprising a metal foil to increase the heating efficiency of the aerosol generating material, affecting the current flowing from the coil [0152] and this merely involves applying a known heating material to a known aerosol generating article, ready for improvement to yield predictable results.
With regard to Claim 12, modified Mao teaches a second sensor used to detect a change in the inductance value upon insertion of a consumable. Modified Mao teaches all the limitations of the claims as set forth above, however modified Mao is silent to:
Wherein the second sensor is configured to generate a signal by sensing an inductance change made by the metal foil of the aerosol generating article when the aerosol generating article is accommodated in the accommodation space
Kim ‘152 teaches wherein a magnetic field generated by current flowing through inductors may be affected by the metal foil of the cigarette, when inserted, through detection areas and a frequency of the current may change [0152]. Based on the information detected, an output corresponding to the cigarette can be produced [0152-0153]. One of ordinary skill in the art would have found it obvious to combine the second sensor of modified Mao with the sensed values based on a metal foil of a cigarette to increase the heating efficiency of the aerosol generating material of modified Mao [0152].
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 Mao to wherein the second sensor is configured to generate a signal by sensing an inductance change made by the metal foil of the aerosol generating article when the aerosol generating article is accommodated in the accommodation space because both Mao and Kim ‘152 are directed to generating heat using magnetic fields in aerosol generating devices. Kim ‘152 teaches wherein a magnetic field generated by current flowing through inductors may be affected by the metal foil of the cigarette, when inserted, through detection areas and a frequency of the current may change to increase the heating efficiency of the aerosol generating material [0152] and this merely involves applying a known heating material to a known aerosol generating article, ready for improvement to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Mao (CN 216961530 U, hereinafter citations referring to English Machine Translation) and Kim (KR 20210150930 A, hereinafter citations referring to English Machine Translation), as applied to claims 1 and 13 above, and further in view of Cornils (US 20210186116 A1).
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With regard to Claim 14, Mao teaches (i) wherein the lower portion of the inner structure (Fig. 7: “S”) comprises a bottom wall (Fig. 7: “B”) and comprises an area for a portion of the flexible printed coil (Fig. 7: #4) to pass through. Modified Mao teaches all the limitations of the claims as set forth above, however modified Mao is silent to:
Wherein the circuit board further comprises a bending portion that is bent to face the bottom wall and supported by the bottom wall
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Cornils, directed to a vaporizer unit, teaches a circuit board portion (Fig. 8a: #40) made of flexible circuit board material [0107] that is bent and arranged adjacent to a lower wall structure [0113] to maintain stable electrical connections in a compact configuration [0113, 0115].
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 circuit board of modified Mao to wherein the circuit board further comprises a bending portion that is bent to face the bottom wall and supported by the bottom wall because both Mao and Cornils are directed to using flexible circuit boards in aerosol generating devices. Cornils teaches a circuit board with a bent portion and arranged adjacent to a lower wall to maintain stable electrical connections in a compact configuration [0113, 0115] and this merely involves applying a known structural characteristic to a known circuit board ready for improvement to yield predictable results.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Mao (CN 216961530 U, hereinafter citations referring to English Machine Translation) and Kim (KR 20210150930 A, hereinafter citations referring to English Machine Translation and referred to as Kim ‘930), as applied to claims 1 and 13 above, and further in view of Kim (KR 20210150157 A1, hereinafter citations referring to English language equivalent US 20220354184 A1 and referred to as Kim ‘157).
With regard to Claim 15, modified Mao teaches all the limitation of the claims as set forth above, however modified Mao is silent to:
An upper coupling member arranged on an upper portion of the inner cylinder and surrounding the aerosol generating article
Wherein the upper coupling member comprises a cover extending in the lengthwise direction of the inner cylinder to surround a portion of an outer circumference of the inner cylinder
Another portion of the circuit board is supported by the cover
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Kim ‘157, directed to a heater module and aerosol generating device, teaches (i) a cover (Fig. 14: #20) arranged on an upper portion of a heat reflector (Fig. 14: #30, [0051]) and surrounding a cigarette (Fig. 14: #7). (ii) The cover (Fig. 14: #20) comprises an end (Fig. 14: #21) and sidewall (Fig. 14: #22), the sidewall (Fig. 14: #22) extending in a lengthwise direction of the heat reflector (Fig. 14: #30) to surround a portion of an outer circumference of the heat reflector (Fig. 14: #30, [0063]) to improve secureness of components in the device [0097]. (iii) One of ordinary skill in the art would understand that after modifying the inner cylinder of Mao with Kim ‘157’s cover configuration, the end (Fig. 14: #21) and sidewall (Fig. 14: #22) become part of the enclosure that surrounds the inner cylinder and contributes in maintaining the position of the circuit board within the inner cylinder.
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 inner cylinder of modified Mao to wherein an upper coupling member is arranged on an upper portion of the inner cylinder and surrounding the aerosol generating article, wherein the upper coupling member comprises a cover extending in the lengthwise direction of the inner cylinder to surround a portion of an outer circumference of the inner cylinder, and another portion of the circuit board is supported by the cover because both Kim ‘157 and Mao are directed to aerosol generating devices with insertable aerosol generating articles. Kim ‘157 teaches a cover comprised of an end and sidewall to improve secureness of components in the device [0097] and this merely involves combining prior art elements according to known methods 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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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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