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 Interpretation
The term “low water absorbency” in claim 6 is a relative term. The specification states that “low water absorbency” is considered “a maximum water absorbency of 4% or less in an environment of 22°C and 60%RH” ([0059]). Thus, in claim 6 “low water absorbency” will be interpreted as “a maximum water absorbency of 4% or less in an environment of 22°C and 60%RH”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a heat-insulating member that suppresses dissipation of heat of the smokable article or the heater to an outside of a device”. It is unclear from the claim language whether the chamber and heater are intended to be housed within the referenced “device” as the claim makes no structural connection between “a device” and other elements of the claim. Therefore, the claim is rendered indefinite. Claims 2-15 are rejected by dependence.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 6, 7, 9, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sekiya et al. (WO 2020084758A1) (claims are mapped to the English translation provided).
Claim 1. Sekiya et al. discloses a flavor inhaler 10 which has an opening 12a for inserting a smoking article 110. The opening 12 a communicates with the heating assembly 41, and the smoking article 110 is heated by the heating assembly 41. Heating assembly 41 is arranged in the heating unit 40 of the flavor inhaler 10 and forms a tubular body as a whole (Figures 1 and 2; [08]-[09]). The heating assembly (heat insulating member) comprises an inner cylinder, 45 is an outer cylinder (first radiation-suppressing material), 47 is a sealing member, 47t is a sealing member made of a thermosetting resin, 47p is a sealing member made of a photocurable resin, and 43 is a heating member. Reference numeral 54 is a closed space, 44 is a heat insulating material (aerogel), 46 is a washer, 42a is a first opening, and 42b is a second opening (Figure 4; [10]). Heat insulating material 44 is preferably granular airgel which is a porous material, and includes silicon aerogel and carbon aerogel (Figure 4; [19]).
Claims 2 and 6. Sekiya et al. discloses that the material of the outer cylinder 45 is preferably metal, and more preferably stainless steel (Figure 4; [11] wherein stainless steel is impermeable to water).
Claim 7. Sekiya et al. discloses that sealing member 47 comprises sealing member 47t made of a thermosetting resin, and sealing member 47p made of a photocurable resin (together forming part of a holding body which contains the heat insulating material 44) (Figure 4; [10]).
Claim 9. Sekiya et al. discloses that sealing member 47 comprises a washer 46 (support member) which supports the sealing member 47t made of a thermosetting resin, and sealing member 47p made of a photocurable resin (together forming part of a holding body) (Figure 4; [10]).
Claim 13. Sekiya et al. discloses that the heating member 43 is affixed to the outer peripheral surface of the inner cylinder 42 which creates the chamber into which the smoking article 110 is inserted ([26]; Figure 4).
Claim 14. Sekiya et al. discloses that the heating member 43 can preferably generate heat up to 400 ° C, more preferably up to 300 ° C, particularly preferably up to 250 ° C ([12]).
Claim 15. Sekiya et al. discloses that the heating assembly (heat insulating member) comprises inner cylinder 42 (first surface), outer cylinder 45 (second surface), and sealing member 47 (end surface) which connected the inner cylinder 42 and outer cylinder 45 and has a smaller area than the inner cylinder 42 and outer cylinder 45 (Figure 4; [10]).
Claims 1-3, 6, 7, 9, 10, and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (US 2022/0160040).
Claims 1, 2, and 3. Zhang et al. discloses a cigarette heater (flavor inhaler) comprising a heating assembly 10 which is configured for heating a cigarette to generate an inhalable aerosol, plus a heat insulation assembly 20 (heat-insulating member) ([0041]; Figures 1 and 2). The heating assembly 10 includes an elongated heating cavity 11 (chamber) configured for accommodating a cigarette A (smokable article) and a heating body 12 (heater) configured for heating the cigarette A ([0041]; Figures 1 and 2). The heat insulation assembly 20 (heat-insulating member) includes an annular insulation tube 21 sleeved outside the heating cavity 11 along the radial direction of the heating cavity 11; the insulation tube 21 includes an inner tube body 211 and an outer tube body 212 opposite each other along the radial direction, wherein a spacing is defined between the inner tube body 211 and the outer tube body 212 to form a first insulation cavity 213 internally; the first insulation cavity 213 is filled with a first powder insulation material (aerogel); the first powder insulation material may preferably adopt a powder material of low thermal conductivity coefficient, such as aerogel powder ([0043]; Figures 1, 2, and 4). The heat insulation assembly 20 (heat-insulating member) can further include an anisotropic material layer 214a (first-radiation suppressing material) disposed outside a first insulation cavity 213a along the radial direction. The anisotropic material for heat conduction adopts one or more of graphite materials, such as graphite flake or graphite powder, graphene coating, carbon fiber, titanium dioxide polycrystalline film or polycrystalline silicon ([0051]; Figures 1, 2, and 8).
Claim 6. Zhang et al. discloses that the anisotropic material layer 214a (first-radiation suppressing material) is one or more of carbon fiber, titanium dioxide polycrystalline film or polycrystalline silicon ([0051] wherein the listed materials are known to have low water absorbency; Figures 1, 2, and 8).
Claim 7. Zhang et al. discloses that the heat insulation assembly 20 (heat-insulating member) includes an annular insulation tube 21 (holding body) sleeved outside the heating cavity 11 along the radial direction of the heating cavity 11; the insulation tube 21 includes an inner tube body 211 and an outer tube body 212 opposite each other along the radial direction, wherein a spacing is defined between the inner tube body 211 and the outer tube body 212 to form a first insulation cavity 213 internally; the first insulation cavity 213 is filled with a first powder insulation material (aerogel); the first powder insulation material may preferably adopt a powder material of low thermal conductivity coefficient, such as aerogel powder ([0043]; Figures 1, 2, and 4).
Claims 9 and 10. Zhang et al. discloses that the heat insulation assembly 20 (heat-insulating member) further includes an outer heat shield 23 (support member) disposed outside the insulation tube 21 (holding body) along the radial direction of the insulation tube 21; the outer heat shield 23 itself is made from a temperature-resistant plastic material, such as polyimide, Teflon, Selenium phosphate gel, polyphenylene sulfide or polysulfone resin, etc., or made of an aluminum shell. By making the outer heat shield 23 a supplement to the insulation tube 21 (holding body), on one hand a multi-layer insulation structure is formed from inside to outside, which performs heat guide and limitation of heat dissipation respectively and thus well isolates the heat inside the heating cavity 11 eventually; on the other hand the outer heat shield 23 and the insulation tube 21 have different heat insulation and conduction mechanisms; the outer heat shield 23 is mainly used as a shield for heat radiation to reduce the radiation of heat towards outside ([0045]; Figure 2).
Claim 12. Zhang et al. discloses heat insulation assembly 20 (heat-insulating member) can further include an anisotropic material layer 214a (first-radiation suppressing material in form of a sheet) disposed outside a first insulation cavity 213a along the radial direction ([0051]; Figures 1, 2, and 8).
Claim 13. Zhang et al. discloses that the heating body 12 is designed to be a cylinder, and an internal space thereof forms the above elongated heating cavity 11 configured for accommodating the cigarette A (Figures 1-3; [0042]).
Claim 14. Zhang et al. discloses that the cigarette may be heated at a temperature of about 200 to 320 degrees centigrade to generate an aerosol ([0040]).
Claim 15. Zhang et al. discloses that the inner tube body 211 and the outer tube body 212 (first and second surfaces) are designed to be separated from each other; two opposite ends of the insulation tube 21 along the axial direction are plugged with plastic plugs 25 (end surfaces), which can seal the insulation tube 21 and prevent leakage of powder (Figure 4; [0047]).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 4, 5, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0160040).
Claims 4 and 5. Zhang et al. discloses the flavor inhaler of claim 1 but does not explicitly disclose that the volume ratio of the anisotropic material layer 214a (first radiation-suppressing material) to the first powder insulation material (aerogel) is 0.001% or greater and 2% or less (Claim 4), or that the volume ratio of the anisotropic material layer 214a (first radiation-suppressing material) to the first powder insulation material (aerogel) is 0.01% or greater and 1% or less (claim 5).
However, differences in concentration generally will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration is critical (See MPEP § 2144.05(II)(A)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date that the volume ratio of the anisotropic material layer 214a (first radiation-suppressing material) to the first powder insulation material (aerogel) may be 0.001% or greater and 2% or less (Claim 4), or 0.01% or greater and 1% or less (claim 5) as a matter of routine optimization.
Claim 11. Zhang et al. discloses the flavor inhaler of claim 1 wherein the heat insulation assembly 20 (heat-insulating member) comprises a first insulation cavity 213 (first portion) and a second insulation cavity 215a (second portion) which is farther than the first insulation cavity 213 (first portion) from the heating cavity 11 (chamber) (Figures 2 and 8; [0052]). The first insulation cavity 213 is filled with a first powder insulation material (aerogel); the first powder insulation material may preferably adopt a powder material of low thermal conductivity coefficient, such as aerogel powder ([0043]; Figures 1, 2, and 4). The second insulation cavity 215a is also filled with a second powder insulation material of low thermal conductivity coefficient, such as aerogel powder, diatomite powder and zirconia powder. The second insulation cavity 215a is different from the first insulation cavity 213 in terms of function. The powder material filled in the second insulation cavity 215a has a lower grain fineness, which is beneficial to reducing clearance ([0052]).
Zhang et al. does not explicitly disclose that the first portion includes a larger amount of the first radiation-suppressing material than the second portion. However, differences in concentration generally will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration is critical (See MPEP § 2144.05(II)(A)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date that the first portion includes a larger amount of the first radiation-suppressing material than the second portion as a matter of routine optimization.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0160040) in view of Lord et al. (US 2022/0071289).
Claim 8. Zhang et al. discloses the flavor inhaler of claim 1 wherein the annular insulation tube 21 (holding body) may be made from a non-metallic temperature-resistant plastic material, such as polyimide, Teflon, Selenium phosphate gel, polyphenylene sulfide or polysulfone resin, etc. ([0043]).
Zhang et al. does not explicitly state that the annular insulation tube 21 (holding body) is a porous body. However, it would have been obvious to one of ordinary skill in the art before the effective filing date that the insulation tube 21 (holding body) made from polyimide would be porous, as evidenced by Lord et al. which teaches polyimide used as a porous material for a fluid-transfer article. Lord et al. discloses an aerosol delivery device comprising fluid-transfer article 34a which may comprise a porous material where pores of the porous material hold, contain, carry, or bear the aerosol precursor material and thus act as a reservoir for the aerosol precursor. In particular, the porous material of the fluid-transfer article may be a porous polymer material such as, for example, a sintered material. Particular examples of material suitable for the fluid-transfer article include: Polyetherimide (PEI); Polytetrafluoroethylene (PTFE); Polyether ether ketone (PEEK); Polyimide (PI); Polyethersulphone (PES); and Ultra-High Molecular Weight Polyethylene ([0266]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Wilson can be reached at (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747
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