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 § 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 1-20 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.
Regarding independent claim 1, Applicant recites the phrase “a heat generator having a long shape” (emphasis added); however, the phrase “long shape” is a term of degree without a clear baseline. A long shape compared to what? The term “long shape” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Applicant further recites “at least two regions where different amounts of heat are generated” but it is not clear if this means that two distinct physical locations along the length of the generator produce different temperatures at the same time, or that the generator can be controlled over time to product different thermal outputs. Also, the terms “different amounts” lack clarity because it is not clear what the amounts are “different” in terms of. Watt density? Surface temperature?
Further, the recitation “a pair of metal plates provided to respectively cover opposing surfaces…” is unclear, grammatically, because it’s not clear if Applicant means “…a pair of metal plates provided to cover opposing surfaces...”, or “…respectively covering opposing surfaces...”.
Lastly, the claim recites “a heat generator having a long shape” but hasn’t established that it has flat/planar “opposing surfaces”.
Clarification and/or appropriate amendment of the above is requested.
Claim Objections
Claims 11-12 are objected to because of the following informalities:
-in lines 1-2 of these claims, the phrase “at least one of the pair of metal plates” should be changed to recite -- at least one of the metal plates of the pair --.
Appropriate correction is requested.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5, 7-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over CN 209807157 (hereinafter referred to as “Liu et al”, see Mechanical English Translation) in view of Dumen (US. Pat. App. Pub.2021/0219612).
Regarding independent claim 1, Liu et al discloses a low-temperature smoking device (read: aerosol generation system) which includes a Positive Temperature Coefficient (hereinafter referred to as “PTC”) heating element (read: heat generator) which is designed to heat (not combust) tobacco or nicotine products (read: aerosol generating substrate). The PTC heating element generates heat having a temperature range of between 220-250oC which reduces the harmful smoke components produced by thermal degradation of tobacco - unlike traditional cigarettes. The PTC heating element is in sheet-form (read: having a long shape) and is comprised of a PTC substrate material (201) made of ceramic with flanges (2011) on both sides, and having metal electrode sheets (202) (read: pair of metal plates) that have slots (2021) which match the flanges (2011) and that hold the metal electrode sheets (202) onto the two sides of the PTC heating element. This allows the two metal electrode sheets (202) to cover the two sides of the substrate (201) and maintain close contact with the PTO ceramic substrate material (read: cover opposing surfaces along the long shape). It is understood that the PTC heating element of Liu et al is designed to be inserted longitudinally into the (center of the) tobacco/nicotine product, and is also connected to an electrical power source (see entire English Translation).
Liu et al fails to explicitly disclose that its PTC heating element (201) includes at least two regions where different amounts of heat are generated; however, Dumen discloses an internal heating element for an aerosol generating device where the heater comprises different heating areas wherein one heating area may be heated to a higher temperature than another heating area (see paras. [0021]-[0022]). Dumen teaches that providing regions with different heat allows for the ability to heat a variety of different aerosol-forming substates so that they can release a variety of different volatile substances at a temperature which is most suitable for said substrate/substance. It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to modify the PTC heating element of Liu to incorporate the at least two regions generating different amount of heat as taught by Dumen in order to optimize the aerosol formation efficiency.
Regarding claim 2, as the low temperature smoking device of Liu et al necessarily requires a tobacco/nicotine product (read: aerosol generating substrate) to operate, it would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have included such product in conjunction with the device into which the PRC heating element would be inserted during use.
Regarding claim 3, as evident from Fig. 6, the length of each of the metal electrode sheets (202) (read: pair of metal plates) - in the longitudinal direction - is greater than the length of the PTC ceramic substrate (201) (read: heat generator).
Regarding claim 4, additionally, the bottom-most part (read: base side) of the electrode sheets (202) extends further - in the longitudinal direction - relative to the PTC ceramic substrate (201).
Regarding claim 5, as stated above, the PTC heating element of Liu et al is connected to an electrical power source and it would be understood that the ceramic substrate (201) (read: heat generator), namely, would receive power form this source.
Regarding claim 7, Dumen discloses that its heating blade (13) includes four heating zones (26, 27, 28, 29) (read: plurality of heat generating elements) arranged in series along the length of the heating blade (13) (See Fig. 4) The varying hashmark/shading in the figure shows that each of these zones are “provided separately from each other”.
Regarding claim 8, each heating area (26, 27, 28 and 29) are respectively provided with different connection resistance heating tracks (260, 270, 280, 290) (read: properties different from each other).
Regarding claim 9, as evident from Fig. 4 of Dumen, each of the heating areas (26, 27, 28 and 29) are “arranged separately from each other in a longitudinal direction”.
Regarding claim 10, as evident from the Figures of Liu, the PTC ceramic substrate material (201) has an “angularly protruding shape” at the end which is inserted into the tobacco product (read: aerosol generating substrate).
Regarding claims 11-13, as indicated above, the PTC heating element is comprised of a PTC substrate material (201) made of ceramic with flanges (2011) (read: leading-end rib) on both sides (read: each of opposite sides in the lateral direction), and it is clear that these “flanges” are formed by “bending an edge/bending at least one edge along the shape at the leading end/in a lateral direction” of the PTC heating element.
Regarding claim 14, as evident from Fig. 6, it appears clear that the PTC heating element of the modified Liu device has a “tabular shape”, i.e. in that its thickness is considerably smaller than its width. While the modified heating element may not exhibit the specific dimensional parameters as claimed, it would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have arrived upon such as a matter of mere design choice.
Regarding claim 15, also as evident from Fig. 6 of Liu, and disclosure that the “big” (larger area) covered by the metal electrode sheets (202) on the PTC ceramic substrate (201) helps to reduce the contact resistance which is a clear indication that this “big” area is the “principal surface”.
Regarding claim 16, Liu discloses in one of its Examples, that two metal electrodes are printed on the front and back sides of the PTC ceramic substrate (201) using a paste printing process (read: conductive adhesive paste), which forms the printed electrode sheets (202) covering the front and back sides of the PTC ceramic substrate (201).
Regarding claim 17, while the modified Liu device fails to disclose metal electrode sheets comprised of the specifically-claimed alloy, Liu discloses in its “Background” that use of alloys for heating elements are known and it discloses a preference for Nickel containing materials in its disclosure because of its temperature control qualities. Hence, it would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have arrived upon the claimed material of construction for the sheets (202) after considering the available options of conventionally-known materials of construction for heaters in the art.
Regarding claim 18, as stated above, Liu et al discloses a Positive Temperature Coefficient (hereinafter referred to as “PTC”) heating element (read: heat generator).
Regarding claim 19, also as stated above, the PTC heating element generates heat having a temperature range of between 220-250oC (read: below 3 Claims 1-5, 7-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over CN 209807157 (hereinafter referred to as “Liu et al”, see Mechanical English Translation) in view of Dumen (US. Pat. App. Pub.2021/0219612), further in view of Kohl et al (US. Pat. App. Pub. 2019/0166653).
Regarding claim 19, while the modified Liu et al device fails to disclose that its PTC heating element includes “barium titanate”, it would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have chosen to incorporate this ceramic as such material is known for being used in PTC heaters dues to its beneficial heat conductivity (see para. [0008] and claim 12).
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
-The prior art of record neither teaches nor reasonably suggests an aerosol generation system having the claimed combination of structural features including an insulator that limits supply of the electricity from the pair of metal plates to the heat generator and is further provided between the heat generator and at least one of the pair of metal plates.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONNE WALLS MAYES whose telephone number is (571)272-5836. The examiner can normally be reached Mondays and Thursdays, 8:00AM - 4:00PM (EST).
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, Michael H 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DIONNE W. MAYES/Primary Examiner, Art Unit 1747
Prosecution Insights