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 1-19 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election without traverse of Group I: Claims 1-17 in the reply filed on 3/30/26 is acknowledged.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-6, 9, 16, and 17 are rejected under 35 U.S.C. 102(a) as being anticipated by Taurino (WO 2021121844 A1, with equivalent US 20230069561 A1 used for the purpose of citations).
Regarding Claim 1, Taurino discloses a flavor inhaler ([0001]-[0003]) comprising:
a heater for heating a smokable material ("A heater for heating an aerosol-forming substrate" [0007]),
the heater having a main surface and an end surface ("The heating element may comprise at least one positive temperature coefficient (PTC) thermistor" [0007]. The PTC thermistor may be arranged such that it comprises a flat main surface and an edge end surface. [0038]-[0040]. See PTC plates 260-265. [0146], Fig 8),
wherein the heater is configured to produce heat in response to a current flowing through the heater in a direction orthogonal to the main surface ("When electric current is supplied to the internal heating element, the temperature of the internal heating element rises " [0029]. Planar section 2111 of heater housing 20 forms a first electrode for a PTC plate 261 and at least one external electrical contact comprising an electrically conductive material forms a second electrode 311; such that the current flows through the PTC plate in a direction orthogonal to the main surface. [0049], [0146], Fig 8).
Regarding Claim 2, Taurino discloses a flavor inhaler wherein the heater is disposed to surround the smokable material (The aerosol-forming substrate is heated by the PTC plates when received in cavity 23, such that the PTC plates surround the substrate. [0147], Fig 8).
Regarding Claim 3, Taurino discloses a flavor inhaler further comprising:
a container that accommodates a consumable including the smokable material (The heater 10 comprises the heater housing 20 which comprises cavity 23, into which the aerosol-forming substrate to be heated is received. [0146]-[0147], Fig 8),
wherein the heater is disposed to surround the container (Six PTC plates 260-265 surround the heater housing 20 to form the heating element of the heater 10. [0146]-[0147], Fig 8).
Regarding Claim 4, Taurino discloses a flavor inhaler:
wherein the heater includes a heater element and a pair of electrodes disposed on both surfaces of the heater element to allow a current to flow between the pair of electrodes (Six PTC plates are provided positioned the heater housing 20 to form the heating element of the heater 10. [0146]-[0147], Fig 8. The heater housing 20 acts as a first electrode for each PTC plate. [0147], Fig 8. Elongate external electrical contacts 310-315 in electrical contact with the PTC plates act as a second electrode for each PTC plate. [0146], Fig 8), and
wherein the heater element is configured to produce heat in response to a current flowing between the pair of electrodes through the heater element in a direction orthogonal to the surfaces of the heater element (Wherein the planar sections 2110-2115 of heater housing 20 form the first electrodes and the electrically conductive material forms the second electrodes 310-315 for PTC plates 260-265; the current flows from the first electrodes to the second electrodes orthogonal to the flat main surface of each of the PTC plates. [0049], [0146], Fig 8).
Regarding Claim 5, Taurino discloses a flavor inhaler:
wherein the electrodes are sheet-shaped (Elongate external electrical contacts 310-315 are shaped like strips, such that each is generally sheet-shaped; and each electrical contact planar section 2110-2115 is in the form of a plane such that each is also generally sheet-shaped. [0146], Fig 8), and
wherein, in plan view of the electrodes, portions of the electrodes that are fixed to the heater element are positioned inside the heater element on the surfaces on which the electrodes are disposed (Planar sections 2110-2115 of heater housing 20 form the first electrodes for PTC plates 260-265 and are position radially inward relative to the PTC plates 260-265. [0146], Fig 8).
Regarding Claim 6, Taurino discloses a flavor inhaler wherein the heater element includes a conductive material and a porous body configured to hold the conductive material (The PTC thermistor may comprise a porous body such as a ceramic semiconductor and a polymeric material which may further comprise carbon grains, carbon ink or other suitable conductive grains. [0054]-[0062]).
Regarding Claim 9, Taurino discloses a flavor inhaler wherein the conductive material includes a substance containing carbon ("The polymeric material may comprise carbon grains, carbon ink or other suitable conductive grains" [0058]).
Regarding Claim 16, Taurino discloses a flavor inhaler further comprising:
a container that accommodates a consumable including the smokable material (The heater 10 comprises the heater housing 20 which comprises cavity 23, into which the aerosol-forming substrate to be heated is received. [0146]-[0147], Fig 8),
wherein the heater is disposed to surround the container (Six PTC plates 260-265 surround the heater housing 20 to form the heating element of the heater 10. [0146]-[0147], Fig 8), and
wherein one of the pair of electrodes includes the container (The heater housing 20 acts as a first electrode for each PTC plate. [0147], Fig 8).
Regarding Claim 17, Taurino discloses a flavor inhaler
wherein the heater is flexible ("The at least one PTC thermistor may comprise a PTC tube arranged within the peripheral portion so as to circumscribe the peripheral inner wall" [0036]. The use of polymeric materials in the PTC thermistor allows for the PTC thermistor to be flexible. [0057]), and
wherein the heater has a minimum bend radius of 3 mm or less (The heater may comprise a PTC tube arranged within the peripheral portion 21 of housing 20, such that it circumscribes the diameter of the article arranged within the cavity 23. [0140]. The article may have an outer diameter as small as 5 mm. [0084]. "The cavity may comprise an inner wall configured to be in thermal contact with the outer surface of the aerosol-forming substrate." [0031]. Wherein the outer diameter of the article is 5 mm and the outer diameter of the article is in contact with the inner wall of the heating components, the heater may have a bend radius of 3mm or less.).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Taurino.
Regarding Claim 14, Taurino discloses wherein the electrodes extend to a location upstream of the smokable material in a length direction of the smokable material (The electrodes may connect to an electrical contact 30. [0145], Fig 8. The electrical contact 30 is depicted as positioned upstream of the smokeable material. Fig 8.), but does not explicitly disclose wherein the electrodes extend to a location downstream of the downstream end portion. However, given that the location to which the electrodes extend merely involves a rearrangement of the electrode connection components, the modification would be obvious to one having ordinary skill in the art. A person of ordinary skill in the art would find the rearrangement of the electrode connection components an obvious matter of design choice. See MPEP 2144.04(VI)(C). Therefore, it follows that a person having ordinary skill in the art, through rearrangement of the electrode components extension direction disclosed in Taurino, would arrive at an arrangement wherein the electrodes extend to a location downstream of a downstream end portion of the smokable material in a length direction of the smokable material, similarly as claimed, absent evidence to the contrary.
Claims 7, 8, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Taurino as applied to Claims 4 and 6 above, and further in view of Ishida (US 20160118166 A1).
Regarding Claims 7 and 8, Taurino discloses wherein further additives may be added to the at least one PTC thermistor to tune the reference temperature to the desired level ([0062]) but does not explicitly disclose wherein the porous body is formed of inorganic fibers and/or wherein the inorganic fibers are made of an insulating material.
Ishida teaches a PTC thermistor member which may be used as a PTC heater ([0001]) wherein the PTC thermistor comprises inorganic fibers and/or wherein the inorganic fibers are made of an insulating material ([0015]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the PTC thermistor of Taurino with the addition of inorganic fibers and/or insulating fibers as taught by Ishida because Taurino and Ishida are both directed to PTC thermistors used as heating elements, Ishida teaches the addition of insulating inorganic fibers to the PTC thermistor to inhibit cracking ([0016]), and this merely involves applying a known component to a similar heating element to yield predictable results.
Regarding Claim 15, Taurino discloses wherein the PTC thermistor may be heated to a temperature which corresponds to a minimum resistance of the at least one PTC thermistor ([0009]), but does not explicitly disclose wherein the heater element has a volume resistivity of 0.1 mΩ or more and 18 mΩ or less.
Ishida teaches a PTC thermistor member which may be used as a PTC heater ([0001]) wherein electrical resistivity of the PTC thermistor member may be tuned within the range of 0.005 Ωcm to 1,000 Ωcm ([0044]. A prima facie case of obviousness exists where claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP § 2144.05(I)).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the volume resistance of the PTC thermistor of Taurino to be 0.1 mΩ or more and 18 mΩ or less as taught by Ishida because Taurino and Ishida are both directed to PTC thermistors used as heating elements, Ishida teaches modifying the volume resistance of the PTC thermistor within the volume resistance range disclosed by modifying conditions of the conductive particles and specifically utilizing the upper end of the disclosed range for use with PTC thermistors utilized as heaters ([0044]), and this merely involves applying a known component composition to a similar heating element to yield predictable results.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Taurino as applied to Claims 4 and 9 above, and further in view of Chen (US 20100079234 A1).
Regarding Claim 10, Taurino discloses wherein further additives may be added to the at least one PTC thermistor to tune the reference temperature to the desired level ([0062]) but does not explicitly disclose wherein the conductive material includes carbon nanotubes.
Chen teaches a PTC thermistor member which may be used as a self-regulating heat generator ([0004]) wherein the conductive material includes carbon nanotubes (A thermistor may comprise of a composite of materials that include polymer material and a number of conductive carbon nanotubes 102 distributed in the polymer material. [0017]-[0022]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the PTC thermistor of Taurino with the addition of carbon nanotubes as taught by Chen because Taurino and Chen are both directed to PTC thermistors used as heat generating elements, Chen teaches the use/addition of carbon nanotubes as the conductive material component in a PTC thermistor ([0018]), and this merely involves applying a known composition component to a similar heating element to yield predictable results.
Regarding Claim 11, Taurino discloses wherein the electrodes are in electrical contact with the PTC plates ([0049]-[0050]), but does not explicitly disclose wherein at least one of the pair of electrodes includes a conductive adhesive.
Ishida teaches a PTC thermistor member wherein at least one of the pair of electrodes includes a conductive adhesive ("The first and second electrodes 11, 12 are electrically connected to the thermistor 10. The first and second electrodes 11, 12 may be fixed in place by inserting them into the thermistor 10 during solidification of the thermistor 10 or they may be mounted on the surface of the thermistor 10 with the use of conductive adhesive." [0019]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the electrode connection point of Taurino with addition of a conductive adhesive as taught by Chen because Taurino and Chen are both directed to PTC thermistors comprising electrode connections, Chen teaches the use of a conductive adhesive as a method of further adhering electrodes to a PTC thermistor, and this merely involves applying a known component to a similar heating element to yield predictable results.
Regarding Claim 12, Taurino discloses a flavor inhaler wherein at least one of the pair of electrodes includes a metal foil fixed to the heater element with the connection point provided therebetween (The electrodes may comprises a metal such as aluminum. [0050]. As disclosed above regarding Claim 11, it would be obvious to one having ordinary skill in the art to modify the connection point to be a conductive adhesive, similarly as claimed).
Regarding Claim 13, Taurino discloses a flavor inhaler further comprising: a conductive element that includes a portion connected to the connection point and that extends from the connection point (Elongate external electrical contacts 310-315 are connected to the PTC plates and extend away from the connection point. [0146], Fig 8. As disclosed above regarding Claim 11, it would be obvious to one having ordinary skill in the art to modify the connection point to be a conductive adhesive, similarly as claimed).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Buckman whose telephone number is (571)270-0888. The examiner can normally be reached Monday-Friday 9:00-4:00.
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/JEFFREY A. BUCKMAN/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
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