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
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.
Claims 1-3, 5-8, 11, 16-17, 22, 23, 25-28 are rejected under 35 U.S.C. 103 as
being unpatentable over Blandino (U. S. 2017/0055583) in view of Tayyarah (U. S.
2013/0319429).\
Regarding claims 1, 25, Blandino discloses apparatus 10 for heating an article (see abstract) comprising smokable material to volatilize at least one component of the smokable material, the apparatus comprising: a coil 122; a thermal insulator 130, 140 comprising: an inner wall 114, 115 at least partially defining a heating zone 113 for receiving at least a portion of the article (See abstract) comprising smokable material (see paragraph 0061), an outer wall 140: and an insulation region (see paragraph 0087) bound by the inner wall 114, 115 and the outer wall 140, wherein the insulation region (see paragraph 0087) is evacuated to a lower pressure than an exterior of the insulation region (see paragraph 0087). Blandino discloses the claimed invention except for the inner wall comprises a metallized layer. Tayyarah discloses a metallized layer at paragraph 0058. It would have been obvious to ordinary skill in the art before the effective filling date of the claimed invention to modify Blandino to provide such features as taught by Tayyarah so as to provide for best material.
Regarding claim 2, Blandino discloses the outer wall 140 is magnetically impermeable and/or is electrically non-conductive.
Regarding claim 5, Blandino discloses the coil 122 comprises a helical coil.
Regarding claim 7, Blandino discloses the coil 122 comprises a first part to heat
a first section of the inner wall 114 and a second part to heat a second section of the
inner wall 114, wherein the first part and the second part are independently controllable.
Regarding claim 8, Blandino discloses comprising a second coil 122 that encircles at least part of the outer wall 140, wherein the coil 122 and the second coil are independently controllable.
Regarding claim 11, Blandino discloses the inner wall 114, 115is a cylindrical tube.
Regarding claim 16, Blandino discloses a first section of the inner wall 114, 115 is made of a first material and a second section of the inner wall 114, 115 is made of a
second material that is different from the first material (see paragraph 0081).
Regarding claim 17, Blandino (see paragraph 0081) discloses the apparatus is for heating non-liquid smokable material to volatilize at least one component of the
smokable material without burning the smokable material.
Regarding claims 22, 28, Blandino, see figure 5, discloses apparatus 100 for heating an article comprising (see abstract) smokable material to volatilize at least one component of the smokable material (see paragraph 0081), the apparatus 100 comprising: a heating zone 113 for receiving at least a portion of the article comprising smokable material (see paragraph 0081); a thermal insulator 130 comprising: an outer wall 140; an inner wall 114, 115 between the heating element and the outer wall 140, wherein the inner wall 114, 115 comprises a first portion and a second portion that are heated independently from one another, and an insulation region (see paragraphs 0087, 0085) bound by the inner wall 114, 115 and the outer wall 140, wherein the insulating region (see paragraphs 0087, 0085) is evacuated to a lower pressure than an exterior of the insulating region (see paragraphs 0087, 0085). Blandino discloses the claimed invention except for the inner wall comprises a metallized layer. Tayyarah discloses a metallized layer at paragraph 0058. It would have been obvious to ordinary skill in the art before the effective filling date of the claimed invention to modify Blandino to provide such features as taught by Tayyarah so as to provide for best material.
Regarding claim 26, Blandino discloses a system for heating smokable material
(see paragraphs 0087, 0085) to volatilize at least one component of the smokable
material (see paragraphs 087, 0085), the system comprising: the article comprising
smokable material (see paragraphs 0087, 0085) for locating at least partially in the
heating zone 113 of the apparatus 100.
Regarding claim 27, Blandino discloses a method of heating smokable material
to volatilize at least one component of the smokable material (see paragraphs 0087,
0085), the method comprising: providing locating at least a portion of an article
comprising smokable material (see paragraphs 0087, 0085) in the heating zone 113 of
the apparatus 100.
Regarding claim 3, Blandino and Tayyarah disclose the claimed invention except
for the outer wall comprises glass or ceramic. It would have been obvious to ordinary
skill in the art before the effective filling date of the claimed invention to modify Blandino
and Tayyarah to provide such features so as to provide for smoothness to aid cleaning.
Regarding claim 6, Blandino and Tayyarah disclose the claimed invention except
for the coil comprises a Litz wire. It would have been obvious to ordinary skill in the art
before the effective filling date of the claimed invention to modify Blandino and Tayyarah
to provide such features so as to select best type wire for intended use.
Regarding claim 23, Blandino and Tayyarah disclose the claimed invention except for one or each of the outer wall and the inner wall is formed of glass. It would have been obvious to ordinary skill in the art before the effective filling date of the
claimed invention to modify Blandino and Tayyarah to provide such features SO as to
provide for smoothness to aid cleaning.
Response to Arguments
Applicant's arguments filed with the amendment have been fully considered but they are not persuasive.
On pages 8-10 of the amendment filed on 11/16/2025, applicant argues that in the office action, it is asserted that each of independent claims 1, 22 and 20 are obvious based on Blandino in view of teach of newly cited Tayyarah … neither Blandino nor Tayyarah teaches or suggests that the size and weight of the apparatus… with an insulation region can be beneficial. The examiner respectfully disagrees. Blandino, (see abstract) in view of Tayyarah, see paragraphs 0057, 0058, 0062 disclose these features.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG K DINH whose telephone number is (571)272-2090. The examiner can normally be reached M-F from 8:30 am - 5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Riyami A Abdullah can be reached at 571-270-3119. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG K DINH/Primary Examiner, Art Unit 2831
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