CTNF 18/466,684 CTNF 95662 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 1-3, 11, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US 2021/0045448 A1) in view of Tsutomu (JP H08-135888, with English Machine Translation Provided) . Regarding claim 1, Yamada teaches a flavor inhaler capable of heating a consumable (Para. [0069]) comprising a containing unit that accommodates the consumable (Fig. 2, Ref. Num. 40), a heating element that heats the consumable (Fig. 2, Ref. Num. 50), a heat insulating member (Fig. 33, Ref. Num. 71). However, Yamada does not teach how the insulated member is attached to the container and heater. In an analogous art, Tsutomu teaches a cylindrical vessel (Fig. 2a, Ref. Num. 5) with a tape member (Fig. 2a, Ref. Num. 2) that is attached to both the vessel and a heat insulating member (Fig. 2a, Ref. Num. 1). The tape can be divided into a first and a second part that are attached to each other where the ends of both parts (Fig. 1, Ref. Num. 21) extend beyond the heat insulating member. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Yamada with Tsutomu in order to attach the heat insulating member to the containing unit with tape. This modification will make it easy to attach heat insulating materials (Tsutomu; Para. [0017]). Regarding claim 2, modified Yamada teaches that the first tape member has a fixing part (Tsutomu; Fig. 2a, Ref. num. 21) that extends past the insulating member and attaches to the vessel being insulated. Regarding claim 3, modified Yamada teaches that the first tape member (Tsutomu; Fig, 2a, Ref. Num. 2) is attached to the heat insulating member (Fig. 2a, Ref. Num. 1) throughout the entire length. Regarding claim 11, modified Yamada teaches that in both x and y axis directions the tape (Tsutomu; Fig, 2a, Ref. Num. 2) is longer than 50% the length of the insulating member (Fig. 2a, Ref. Num. 1). Regarding claim 13, Yamada teaches that the containing unit has an opening which the consumable is inserted (Fig. 2, Ref. Num. 40C) and a bottom (Fig. 2, Ref. Num. 42) and that the heating element (Fig. 2, Ref. Num. 50) is disposed closer to the opening than to the bottom. Regarding claim 14, Yamada teaches that the heating element (Fig. 2, Ref. Num. 50) heats the consumable from the outer side . 07-22-aia AIA Claim s 4, 5, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US 2021/0045448 A1) in view of Tsutomu (JP H08-135888) as applied to claim 1 above, and further in view of Hupkes et al. (US 2023/0165309 A1) . Regarding claim 4, modified Yamada does not teach how many times the heat insulating member is wound around the containing unit. In an analogous art, Hupkes teaches a containment unit that accommodates the consumable (Fig. 1, Ref. Num. 10) with an insulating member (Fig. 3B, Ref. Num. 20) wound around it for at least one turn and preferably multiple turns (Para. [0044]) around the outer circumference of the containing unit. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Yamada in order to wrap the insulating member around the containment unit at least one turn and preferably multiple. This modification will improve the thermal insulation (Hupkes; Para. [0044]). Regarding claim 5, modified Yamada teaches that the heat insulating member is wrapped around the containment unit for at least one turn and preferably multiple turns (Hupkes; Para. [0044]) around the outer circumference of the containment unit, which overlaps with the claimed times of two or more which is a prima facie case of obviousness. Regarding claim 12, modified Yamada does not teach that the insulating member is made out of fibrous material. In an analogous art, Hupkes teaches a containment unit that accommodates the consumable (Fig. 1, Ref. Num. 10) with an insulating member (Fig. 3B, Ref. Num. 20) where the insulating material is made out of ceramic fiber (Para. [0044]) It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Yamada with Hupkes to make the insulating material out of fibrous material. This modification will improve thermal insulation (Hupkes; Para. [0044]) . 07-22-aia AIA Claim s 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US 2021/0045448 A1) in view of Tsutomu (JP H08-135888) as applied to claim 1 above, and further in view of Tabasso et al. (US 2019/0320717 A1) . Regarding claim 6, Yamada teaches a thermistor (Para. [0086]) provided on the outside of the containment unit that accommodates the consumable; however, Yamada does not teach that the thermistor is provided outside the first tape member. In an analogous art, Tabasso teaches a flavor inhaler (Fig. 1) with a thermistor (Para. [0104]) where the thermistor is provided on the outside of the heating unit and insulating material (Fig. 2a, Ref. Num. 210). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Yamada with Tabasso to provide the thermistor outside the insulating material and the tape. This modification will be able to sense the ambient temperature to prevent thermal overshoot (Tabasso; Para. [0109]). Regarding claim 7, modified Yamada teaches that the thermistor (Tabasso; Fig. 2a, Ref. Num. 210) is located radially outside of the heating element (Tabasso; Fig. 2a, Ref. Num. 140). Regarding claim 8, modified Yamada teaches that containing unit has a cylindrical side wall (Fig. 22, Ref. Num. OP) that has a flat outer surface (Fig. 22, Ref. Num. 41) where the thermistor is located outside the flat outer surface (Tabasso; Fig. 2a, Ref. Num. 210) in a radial direction. Regarding claim 9, modified Yamada does not explicitly teach that the thermistor is attached with a second tape member; however, adhering the thermistor with heat-resistant tape, such as in Tsutomu is common practice. When the thermistor is attached with a second tape member, it will be sandwiched between the first and second tape member. Regarding claim 10, Yamada teaches that a shrinkable tube is place outside the thermistor (Para. [0163]) and, therefore, outside the second tape member attaching the thermistor. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J WEILER whose telephone number is (571)272-2664. The examiner can normally be reached M-F 9:00am-5:30pm. 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, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /N.J.W./Examiner, Art Unit 1749 /KATELYN W SMITH/ Supervisory Patent Examiner, Art Unit 1749 Application/Control Number: 18/466,684 Page 2 Art Unit: 1749 Application/Control Number: 18/466,684 Page 3 Art Unit: 1749 Application/Control Number: 18/466,684 Page 4 Art Unit: 1749 Application/Control Number: 18/466,684 Page 5 Art Unit: 1749 Application/Control Number: 18/466,684 Page 6 Art Unit: 1749 Application/Control Number: 18/466,684 Page 7 Art Unit: 1749