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 § 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ABI AOUN et al. (WO 2020/182743).
Abi Aoun teaches a flavor inhaler comprising a casing (128); an atomizer (132) that is accommodated in the casing and that produces heat; a temperature sensor (424 in figure 10) disposed at a location close to the atomizer; and a wire (408 in figure 10) electrically connected to the temperature sensor, wherein the wire extends from the temperature sensor such that the wire extends away from the atomizer.
Regarding claim 2, figure 10 shows that the temperature sensor (242) is located directly on heating element 132, which is considered a region in which the temperature sensor is influenced by temperature variation of the atomizer.
Regarding claim 3, figure 10 shows a region through which the wire extends is away from the surface of heating element 132 and therefore reads on a region in which a temperature is lower than a temperature sensed by the temperature sensor.
Regarding claim 4, figure 10 shows a portion of the wire extends from the temperature sensor in a direction substantially perpendicular to a direction in which the atomizer extends.
Regarding claim 5, Abi Aoun teaches an additional member (212, 412 in figures 8 and 10) accommodated in the casing, wherein at least a portion of the wire is sandwiched and held between a first inner wall of the casing and a surface of the additional member facing the first inner wall (see figure 8).
Claim(s) 1-4, 7-8, 11-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by HIJMA (US 2024/0081411).
Hijma teaches a flavor inhaler comprising a casing (30); an atomizer (48) that is accommodated in the casing and that produces heat; a temperature sensor (64 in figures 3 and 4) disposed at a location close to the atomizer; and a wire (65 in figures 3 and 4) electrically connected to the temperature sensor, wherein the wire extends from the temperature sensor such that the wire extends away from the atomizer (see figure 4).
Regarding claim 2, figures 3 and 4 show that the temperature sensor (64) is located directly on heating element 48, which is considered a region in which the temperature sensor is influenced by temperature variation of the atomizer.
Regarding claim 3, figures 10 3 and 4 show a region through which the wire extends is away from the surface of heating element 48 and therefore reads on a region in which a temperature is lower than a temperature sensed by the temperature sensor.
Regarding claim 4, figure 4 shows a portion of the wire extends from the temperature sensor in a direction substantially perpendicular to a direction in which the atomizer extends.
Regarding claim 7, figure 3 shows the temperature sensor (64) is disposed in contact with a first inner wall of the casing (30).
Regarding claim 8, figure 3 shows a support member (66b) that is accommodated in the casing (30) and that supports the atomizer, wherein the temperature sensor is sandwiched and held between the first inner wall of the casing and the support member.
Regarding claim 11, figure 4 shows the support member (66b) is provided with a second wiring supporter (66) that supports the wire that extends.
Regarding claim 12, figure 3 shows a third wiring supporter (see opening of 30 through which wire 65 extends) is provided on a first inner wall of the casing, the third wiring supporter supporting the wire such that the wire extends away from the atomizer.
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.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over ABI AOUN et al. (WO 2020/182743).
Abi Aoun teaches method for manufacturing a flavor inhaler. Ani Aoun teaches preparing a casing (102 in figures 1 and 2) wherein Abi Aoun is silent as to whether the casing comprises a single casing or a first casing element and a second casing element. Figure 3 shows casing 102 cut in half to show the internal components of the flavor inhaler. It would have been obvious to one of ordinary skill in the art to prepare a first casing element and a second casing element that are to be positioned to face each other to form a casing because it would have allowed for easier assembly of the internal components inside of the casing. Additionally, figure 1 appears to show that the casing 102 could be split into multiple casing elements (see apparent seams on 102). Abi Aoun teaches arranging an atomizer (132 in figure 10) that produces heat, a temperature sensor (424 in figure 10), and a wire (424 in figure 10) electrically connected to the temperature sensor at predetermined positions with respect to the second casing element. Figure 10 shows placing the wire such that the wire extends from the temperature sensor so as to extend away from the atomizer. Figure 10 also shows the temperature sensor is at a location close to the atomizer.
Regarding claim 14, figure 10 shows that the temperature sensor (242) is located directly on heating element 132, which is considered a region in which the temperature sensor is influenced by temperature variation of the atomizer.
Regarding claim 15, Abi Aoun teaches placing an additional member (212 in figure 6, 412 in figure 10) at a predetermined position with respect to the second casing element (see figure 3); and positioning the first casing element with respect to the second casing element so that the wire is sandwiched and held between an inner wall of the first casing element and the additional member (see figures 7 and 8).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over ABI AOUN et al. (WO 2020/182743) in view of REEVELL (US 2017/0196268).
Abi Aoun teaches a flavor inhaler comprising a casing (128); an atomizer (132) that is accommodated in the casing and that produces heat; a temperature sensor (424 in figure 10) disposed at a location close to the atomizer; and a wire (408 in figure 10) electrically connected to the temperature sensor, wherein the wire extends from the temperature sensor such that the wire extends away from the atomizer. Abi Aoun teaches a first wiring supporter (210 in figure 8). Abi Aoun is silent to an adhesive layer.
Reevell teaches a flavor inhaler having a temperature sensor (para. 0107) and wires connected to the electrical circuit (para. 0177). Reevell teaches that an adhesive layer is provided on the surface of a housing part, and wherein at least a portion of the wire is fixed to the first wiring supporter by adhesion (para. 0178). It would have been obvious to one of ordinary skill in art to modify the wiring supporter of Abi Aoun with an adhesive layer for fixing the wire because Abi Aoun teaches that it is desirable to hold the wire taught (page 34 lines 21-23).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over HIJMA (US 2024/0081411) in view of QUI (US 2017/0196273).
Hijma teaches a flavor inhaler comprising a casing (30); an atomizer (48) that is accommodated in the casing and that produces heat; a temperature sensor (64 in figures 3 and 4) disposed at a location close to the atomizer; and a wire (65 in figures 3 and 4) electrically connected to the temperature sensor, wherein the wire extends from the temperature sensor such that the wire extends away from the atomizer (see figure 4). Figure 3 shows the temperature sensor (64) is disposed in contact with a first inner wall of the casing (30) and figure 3 shows a support member (66b) that is accommodated in the casing (30) and that supports the atomizer, wherein the temperature sensor is sandwiched and held between the first inner wall of the casing and the support member. Figure 3 shows the temperature sensor is in contact with the support member. Hijma is silent to fixing the temperature sensor to an adhesive insulating layer.
Qui teaches a flavor inhaler having a temperature sensor (134) adhered to a heating member by an insulating coating (para. 0148). It would have been obvious to one of ordinary skill in the art to use an adhesive insulating layer to fix the temperature sensor of Hijma because Qui teaches that this provides the advantage of avoiding direct contact between the temperature sensor and the heating element (para. 0148).
Conclusion
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741