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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/29/2026 has been entered.
Response to Amendment
The amendment presents claims 1, 2, and 22 as amended and claims 3-7 and 15-19 as cancelled. Claims 1, 2, 8-14, and 20-30 remain pending examination.
The amendment to claims 2 and 22 obviates the previously indicated rejection of the same under 35 USC 112 (b) and (d), respectively.
Response to Arguments
Applicant's arguments filed 05/29/2026 have been fully considered but they are not persuasive.
Applicant traverses the rejection of claim 1 in that:
With regard to claim 1, the Examiner asserts that porous body 62 is analogous to the susceptor and the induction heatable element 36 is analogous to the induction coil described in claim 1. Applicant disagrees. Gill describes, in paragraph [0077] that "an upper surface of the induction heatable element 36 is in direct contact with porous body 62 and hence, the conveyed aerosol-forming liquid 34" (emphasis added). In contrast, the susceptor in claim 1 is now described as being separated from the induction coil by an airflow channel.
The separation between the susceptor and the induction coil allows vapor formed by heating the aerosol-forming liquid to be readily entrained in the airflow and carried to the outlet. None of the embodiments shown in Gill show such a separation between porous material 62 and the induction heatable element 36. Metz does not include any teachings that make up for this shortcoming in Gill. Accordingly, the cited patent documents, when taken singly or in combination, fail to teach each and every element of claim 1.
In response, the Examiner respectfully disagrees. The Examiner notes that induction heatable element 36 and porous body 62 are relied upon to collectively defined the susceptor. This is in contrast to Applicant’s assertion that element 36 is mapped to the induction coil. Rather, it is Gill’s induction coil 26 that is mapped to the claimed induction coil. From here, the Examiner also notes that Gill teaches the susceptor (36/62) being separated from the induction coil (26) by an airflow channel, as claimed. Specifically, Gill teaches (Fig. 1, and 2g/h, along with paragraph 007) that air enters the cartridge (30) via inlet (40) and flows along air passageway (46). The vaporized liquid is then entrained in the air flowing along passageway (46), which then exits the cartridge through outlet (42). This airflow passageway separates, at least partially, the susceptor and the induction coil.
For such reasons, the Examiner maintains that the combination of Gill and Metz teaches or suggests the claimed invention. As such, the rejection of claims 1, 2, 8-14, and 20-30 under 35 USC 103 are maintained.
Claim Objections
Claims 1, 2, 8-14, and 20-30 are objected to because of the following informalities: “cylindrical housing” in claim 1 lacks proper antecedent basis and should, instead, be “cartridge housing” to be consistent. Appropriate correction is required.
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(s) 1-2, 8, 10-12, 20-22, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gill et al. (US20220061397; relying on earlier filing date) in view of Metz (US 2017/0347714).
Regarding claim 1¸Gill teaches an aerosol-generating device (Title; Figure 1; 10) comprising:
an induction coil (26) configured to generate an alternating electromagnetic field (para. 0071); and
a cylindrical cartridge (30; para. 0070) configured to hold an aerosol-forming liquid (34), the cylindrical cartridge including,
a wall (circumferential wall defining an inner reservoir for aerosol forming liquid 34) having an open end (para. 0077; the 36/62 covers an bottommost end of the cartridge 30. This bottommost end defines an “open” end in that the liquid 34 is allowed to flow downward through 36/62 in order to be vaporized. 36/62 therefore acts to cover this open end) the wall forming a cartridge housing (cartridge 30 defines a housing for liquid 34) [Alternatively, cartridge 30, as shown in Figs. 2g and 2h, defines an open end 42.], and
a susceptor (Figure 2g-2h, susceptor is understood to include porous body 62 of ceramic material and induction heatable element 36; para. 0070 and 0077) arranged in the cylindrical housing (30) at the open end of the cylindrical housing (Fig. 1. See also Figures 2g-2h) (As detailed above, 36/62 cover the “open end” of 30) [Alternatively, cartridge housing also includes open end 42. Susceptor 36/62 is arranged in cartridge 30 at open end 42 in that the susceptor is arranged “near” open end 42. The plain and ordinary meaning of “at” is “used as a function word to indicate presence or occurrence in, on, or near.” See www.merriam-webster.com/dictionary/at, viewed on 08/21/2026.], the susceptor configured to hold a first portion of the aerosol-forming liquid and heat the first portion of the aerosol-forming liquid under influence of the alternating electromagnetic field generated by the induction coil (para. 0077 and 0071), the susceptor including, an open-porous ceramic material (para. 0077; “porous body 62 of ceramic material or another suitable solid material. In the cartridge 30 of FIG. 2g, an upper surface of the induction heatable element 36 is in direct contact with the porous body 62 and, hence, the conveyed aerosol-forming liquid 34. In the cartridge of FIG. 2h, the induction heatable element 36 is encapsulated by the porous body 62 so that both the upper and lower surfaces of the induction heatable element 36 are in contact with the porous body 60 and, hence, the conveyed aerosol-forming liquid 34. In order to facilitate the flow of liquid and vapour through porous body 62, the induction heatable element 36 may include one or more apertures or perforations as seen in FIG. 2h (e.g. it may be in the form of a perforated disc).” [Here, the porous body 62 of ceramic material is understood to describe an open porous material as the liquid 34 is conveyed into and through the porous material in order to be heated by 36. As such, at least a portion of liquid 34 would be retained within the porous body of the susceptor.])
Gill additionally teaches the susceptor (36/62) being separated from the induction coil (26) by an airflow channel (See Fig. 1, and 2g/h, along with paragraph 0071. Air enters the cartridge 30 via inlet 40 and flows along air passageway 46. The vaporized liquid is then entrained in the air flowing along passageway 46, which then exits the cartridge through outlet 42. This airflow passageway separates, at least partially, the susceptor and the induction coil).
While Gill teaches substantially the claimed invention including the susceptor including an open porous ceramic material, Gill does not teach ceramic material defining a cylindrical shape. However, Gill does teach the cartridge (30) being cylindrical and that the susceptor is positioned within the cartridge (Figs. 2g-2h). One skilled in the art would logically conclude that the susceptor could also be made in a cylindrical shape to match the shape of the cartridge.
Metz relates to an aerosol-generating device (para. 0001; Figures 1-2) and teaches using a cylindrical heater (42; which is defined by resistance heater 44a and porous ceramic 44b. Figure 2A shows 42 being cylindrical in shape.) (see para. 0015 and 0032; teaching the benefit of using porous ceramic material).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Gill with Metz, by replacing the shape of the susceptor of Gill, being inherently of some shape, with the cylindrical shape taught by Metz, for in doing so would be a minor change in shape of the susceptor which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shape was significant. See MPEP 2144.04-IV-B. Furthermore, as detailed above, having the susceptor being cylindrical would allow for the susceptor to match the shape of the cartridge.
Regarding claim 2, the primary combination teaches the claimed invention, as detailed in claim 1, and further teaches wherein susceptor forms the open end of the cylindrical cartridge (Gill, as detailed in claim 1 above, illustrates the susceptor forming the bottommost end of the cartridge).
Regarding claim 8, the primary combination teaches the claimed invention, as detailed in claim 1, and further teaches wherein the susceptor is in an interior region of the induction coil (Gill; Figure 1).
Regarding claim 10, the primary combination teaches the claimed invention, as detailed in claim 1, and further teaches wherein a distance between the susceptor and the induction coil is constant (Gill; Figure 1 shows constant relative spacing).
Regarding claim 11, the primary combination teaches the claimed invention, as detailed in claim 1, and further teaches wherein the open-porous ceramic material has a porosity ranging from 20% to 60% (Metz; para. 0033, “the ceramic layer has a porosity in the range of 10-80%, preferably 15-50%, more preferably 20-30% and most preferably the porosity is about 25%. It was shown that especially the porosity in a range of 20-30% provides an optimum in the performance of specifically the ceramic layer and the heater as a whole.”) (see also para. 00072).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Gill with Metz, by replacing the porosity of the porous ceramic material of Gill, being inherently of some value, with the porosity taught by Metz, as the prior art teaches that a porosity in the range of 20-30% provides an optimum performance. Furthermore, the porosity of the ceramic material is interpreted to be a result effective variable that would be optimized in order to achieve a recognized result. In this case the recognized result would be the performance of the susceptor, including the rate at which the liquid is able to be vaporized during use of the device. A person of ordinary skill in the art would recognize that the porosity directly corresponds to how much of the aerosol forming liquid can be directed into the ceramic material to be heated and vaporized by the heating element. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See MPEP 2144.05-ll-A and MPEP 2144.05-ll-B.
Regarding claim 12, the primary combination teaches the claimed invention, as detailed in claim 1, and further teaches wherein the open-porous ceramic material is an electrically non-conductive material (Gill; para. 0070; 62 is part of capillary element 38 which is “an electrically insulating and non-magnetic material” that does not directly heat up in the presence of an electromagnetic field.) (See also Metz in para. 0015 and 0032 for benefits of using a non-conductive material ceramic).
Regarding claim 20, the primary combination teaches the claimed invention, as detailed in claim 1, and further teaches wherein the cylindrical cartridge is configured to be removed from the aerosol-generating device (Gill; para. 0047).
Regarding claim 21, the primary combination teaches the claimed invention, as detailed in claim 1, and further teaches wherein the open end defines a bottom of the cylindrical cartridge (As detailed in claim 1, above).
Regarding claim 22, the primary combination teaches the claimed invention, as detailed in claim 21, and further teaches wherein the susceptor fills the open end (see claim 1, above).
Regarding claim 30, the primary combination teaches the claimed invention, as detailed in claim 1, and further teaches wherein the cylindrical cartridge (Gill, 30) is substantially leak proof (30 includes housing 41 that retains liquid 34. The housing has surrounding walls to define the internal reservoir and as such has necessary structure to substantially prevent leaking from occurring. See MPEP 2112 and 2114).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gill et al. (US20220061397; relying on earlier filing date) in view of Metz (US 2017/0347714) and in further view of Cadieux (US20150245669).
Regarding claim 9, the primary combination teaches the claimed invention, as detailed in claim 1, except for the induction coil being a planar induction coil.
Cadieux relates to an aerosol generating device (title) and teaches using a planar inductive coil (para. 0025 and 0162).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Gill, as modified by Metz, with Cadieux, by replacing the shape of the induction coil of Gill, being inherently of some shape, with the planar shape taught by Cadieux, for in doing so would be a minor change in shape of the coil which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shape was significant. See MPEP 2144.04-IV-B.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gill et al. (US20220061397; relying on earlier filing date) in view of Metz (US 2017/0347714) and in further view of Swanson (US20110297668).
Regarding claim 13, the primary combination teaches the claimed invention, as detailed in claim 1, except for wherein the open-porous ceramic material includes a manganese-magnesium ferrite, a nickel-zinc ferrite, a cobalt-zinc barium ferrite, or any combination thereof.
Swanson relates to an inductive heater for vaporizing a liquid (para. 0006) and teaches using a ferrite ceramic material that exhibits low hysteretic losses (para. 0022) [corresponding to induction heatable element 36 of Gill that heats up in the presence of an electromagnetic field as a result of hysteresis losses]. Swanson teaches the ferrite material including ferrous oxide having iron, nickel, manganese, or zinc and, in particular, the ferrite including nickel-zinc (para. 0022).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Gill, as modified by Metz, with Swanson, by replacing the ceramic material of Gill, with the ferrite ceramic taught by Swanson, for in doing so would result in the selection of a known material based on its suitability for its intended use (induction heating). See MPEP 2144.07.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gill et al. (US20220061397; relying on earlier filing date) in view of Metz (US 2017/0347714) and in further view of Swanson (US20110297668), as evidenced by Bowman et al. (US 20120160828).
Regarding claim 14, the primary combination teaches the claimed invention, as detailed in claim 1, except for wherein the open-porous ceramic material has a Curie temperature ranging from 150° C. to 400° C.
Swanson relates to an inductive heater for vaporizing a liquid (para. 0006) and teaches using a ferrite ceramic material that exhibits low hysteretic losses (para. 0022) [corresponding to induction heatable element 36 of Gill that heats up in the presence of an electromagnetic field as a result of hysteresis losses]. Swanson teaches the ferrite material including ferrous oxide having iron, nickel, manganese, or zinc and, in particular, the ferrite including nickel-zinc (para. 0022).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Gill, as modified by Metz, with Swanson, by replacing the ceramic material of Gill, with the ferrite ceramic taught by Swanson, for in doing so would result in the selection of a known material based on its suitability for its intended use (induction heating). See MPEP 2144.07.
With respect to the subject matter of claim 14, it is understood that the Curie temperature is an intrinsic material property. Swanson, as detailed above, teaches a nickel-zinc ferrite. Bowman serves as an evidentiary reference and states that “Nickel zinc ferrites (Ni.sub.1-xZn.sub.xFe.sub.2O.sub.4) have been reported to have Curie temperatures between about 350.degree. C. and 100.degree. C. in the range x=0.4 to 0.8” (para. 0057). See also MPEP 2112.01-II.
Claim(s) 23-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gill et al. (US20220061397; relying on earlier filing date) in view of Metz (US 2017/0347714) and in further view of Rojo-Calderon (US20180279681, relying on earlier effective filing date).
Regarding claims 23-25, the primary combination teaches the claimed invention, as detailed in claim 1, except for wherein the susceptor includes a susceptor body having an axial length between about 3 millimeters (mm) and about 6 mm (claim 23), wherein the susceptor body includes an axial length between about 4 mm and about 5 mm (claim 24), and wherein the susceptor body includes a cylindrical outer contour of above 25 mm2 (claim 25).
Rojo-Calderon relates to an aerosol generating device in which an inductor heats a susceptor (Abstract). Rojo-Calderon teaches the susceptor including a susceptor body having an axial length between about 3 millimeters (mm) and about 6 mm (para. 0045, length between 4 mm and 20 mm), wherein the susceptor body includes an axial length between about 4 mm and about 5 mm (para. 0045), and wherein the susceptor body includes a cylindrical outer contour of above 25 mm2 (Para. 0045 describes the susceptor having a length of 4-20 mm and a diameter of 4-7 mm. This would yield an outer cylindrical area above 25 mm2. For instance, taking a length of 4 mm and a radius of 2 mm, would yield a lateral area of 50.2 mm2.).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Gill, as modified by Metz, with Rojo-Calderon, by replacing the size and shape of the susceptor of Gill, being inherently of some size and shape, with that taught by Rojo-Calderon, for in doing so would be a minor change in shape of the coil which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shape was significant. See MPEP 2144.04-IV-B. Additionally, altering the size of the susceptor would not yield a patentable distinction as such change in dimensions would not produce a susceptor that would perform differently than the prior art susceptors (i.e., the susceptor would still function to generate heat upon the application of an electromagnetic field). See MPEP 2144.04-IV-A.
Regarding claim 26, the primary combination teaches the claimed invention, as detailed in claim 23, including wherein the susceptor body includes an inner end surface and an outer end surface, the inner end surface being in direct contact with the aerosol-forming liquid (Gill, as detailed in claim 1. See Figs 1 and 2a-2h).
Regarding claim 27, the primary combination teaches the claimed invention, as detailed in claim 26, including wherein the outer end surface is exposed at the open end of the cylindrical cartridge (Gill, the outer end of the susceptor, which is the end not in direct contact with liquid 34, is left exposed at the open end in that it is exposed to the inner wall of the housing)
Regarding claim 28, the primary combination teaches the claimed invention, as detailed in claim 26, including wherein the outer end surface is fully exposed at the open end of the cartridge housing (Gill, as detailed above).
Regarding claim 29, the primary combination teaches the claimed invention, as detailed in claim 26, including wherein the outer end surface defines a vaporized aerosol-generating liquid outlet (Gill both outer and inner end surfaces of the susceptor define, at least partially, a vaporized aerosol generating liquid outlet in that both surfaces cooperate to vaporize the liquid 34, which then exits the cartridge 30 and air outlet 42).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication 2019/0380391 to Reevell teaches an aerosol generating device in which an induction coil is used to inductively heat a susceptor (Abstract and Fig. 1; susceptor 20). Reevell further teaches the susceptor being used to inductively heat an aerosol forming substrate (30).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN C DODSON whose telephone number is (571)270-0529. The examiner can normally be reached Mon.-Fri. 12:00-8:00 PM (ET).
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/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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