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 16-30 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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.
Claims 16-29 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 16, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 16 recites the broad recitation “at least 40% by volume”, and the claim also recites “at least 50% by volume”, “at least 60% by volume”, “at least 70% by volume”, “at least 80%”, which are narrower statements of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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 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)(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.
Claims 16-18, 21, 25 and 28-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yoon et al. (US 20220338540 A1).
Regarding claim 16, Yoon teaches an elongate metallic heater element (heating element 140, 200; [0072], [0081], [0089]) for an aerosol-generating device,
the elongate metallic heater element extending between a proximal end (first portion 210; [0091]) and a distal end (second portion 220; [0092]), the proximal end configured for mounting to the aerosol-generating device for electrical communication with the aerosol-generating device (Figs. 5-6),
wherein the elongate metallic heater element comprises either or both of:
a plurality of surface notches formed on a surface of the elongate metallic heater element ([0090-0093]),
wherein at least some of the plurality of surface notches of the elongate metallic heater element are provided in an inner region of the elongate metallic heater element, the inner region extending between the proximal end and 33% of a length of the elongate metallic heater element relative to the proximal end (an “inner region” may be designated as 33% of a length of the heater element. This would be expected to overlap with the first portion (140, 210, 510; Fig. 5, 6, 8) of the heater element, which is depicted to comprise about half the length of the heater element (Fig. 5, [0114]). Yoon [0024] teaches that the plurality of surface notches may be on the first half of the heater element. Assuming the surface notches are evenly distributed within the first half, at least some of the surface notches are provided in the inner region),
And wherein at least 40% by volume, or at least 50% by volume, or at least 60% by volume, or at least 70% by volume, or at least 80% by volume of all of the plurality of surface notches and the plurality of sub-surface cavities of the elongate metallic heater element are provided in the inner region ([0024] teaches that these may be on only the first portion (first half) of the heater element, which would indicate that the majority are within the first region).
Regarding claim 17, Yoon depicts that the plurality of surface notches and the plurality of sub-surface cavities of the elongate metallic heater element occupy a cumulative volume of about between 15% to 30% of a volume of a corresponding heater element free of any such notches and cavities (Figs. 6, 7A, 7B, 12A, 12D).
Regarding claim 18, Yoon teaches that the plurality of surface notches and the plurality of sub-surface cavities of the elongate metallic heater element occupy a cumulative volume of between 17% to 26% of a volume of a corresponding heater element free of any such notches and cavities (Figs. 6, 7A, 7B, 12A, 12D).
Regarding claim 21, Yoon teaches that the elongate metallic heater element comprises the plurality of surface notches and is free of any sub-surface cavities (Figs. 6, 7A, 7B).
Regarding claim 25, Yoon teaches that some of the plurality of surface notches and the plurality of sub-surface cavities of the elongate metallic heater element are provided in a middle region of the elongate metallic heater element, the middle region extending between 33% and 90% of a length of the elongate metallic heater element relative to the proximal end ([0024] teaches that plurality of surface notches may be on the first region (the first half of the heater element), which would indicate that the majority are within the first region but some are in the second region).
Regarding claim 28, Yoon teaches that the plurality of surface notches and the plurality of sub-surface cavities of the elongate metallic heater element are arranged in one or more laterally-symmetric groups (Figs. 7A, 7B, 8).
Regarding claim 29, Yoon teaches an aerosol-generating device (aerosol generating device 10000, 100; Figs. 1, 5; [0050], [0081]) configured to receive an aerosol-forming substrate (aerosol generating article 20000), the aerosol-generating device comprising:
an elongate metallic heater element (heating element 140, 200; [0072], [0081], [0089]) for an aerosol-generating device,
the elongate metallic heater element extending between a proximal end (first portion 210; [0091]) and a distal end (second portion 220; [0092]), the proximal end configured for mounting to the aerosol-generating device for electrical communication with the aerosol-generating device (Figs. 5-6),
wherein the elongate metallic heater element comprises either or both of:
a plurality of surface notches formed on a surface of the elongate metallic heater element ([0090-0093]),
wherein at least some of the plurality of surface notches and the plurality of sub- surface cavities of the elongate metallic heater element are provided in an inner region of the elongate metallic heater element, the inner region extending between the proximal end and 33% of a length of the elongate metallic heater element relative to the proximal end (an “inner region” may be designated as 33% of a length of the heater element. This would be expected to overlap with the first portion (140, 210, 510; Fig. 5, 6, 8) of the heater element, which is depicted to comprise about half the length of the heater element (Fig. 5, [0114]). Yoon [0024] teaches that the plurality of surface notches may be on the first half of the heater element. Assuming the surface notches are evenly distributed within the first half, at least some of the surface notches are provided in the inner region),
And wherein at least 40% by volume, or at least 50% by volume, or at least 60% by volume, or at least 70% by volume, or at least 80% by volume of all of the plurality of surface notches and the plurality of sub-surface cavities of the elongate metallic heater element are provided in the inner region ([0024] teaches that these may be on only the first portion (first half) of the heater element, which would indicate that the majority are within the first region).
and a power source (battery 11000, 120; [0051], [0081]), wherein the proximal end of the elongate metallic heater element is mounted to a mounting location of the aerosol-generating device, and the power source is in electrical communication with the elongate metallic heater element so as to, in use, resistively heat the elongate metallic heater element ([0062-0063]; [0084]).
Regarding claim 30, Yoon teaches that the aerosol- generating device is configured such that, in use with an aerosol-forming substrate received in the aerosol-generating device, the elongate metallic heater element extends within the aerosol-forming substrate so as to heat the aerosol-forming substrate and generate an inhalable aerosol therefrom (Fig. 8; [0105]).
Claims 16, 19, 23-24 and 26-27 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Holoubek et al. (US 20180049471 A1).
Regarding claim 16, Holoubek teaches an elongate metallic heater element (heater 14, heating assembly 1000; [0058], [0070-0071]) for an aerosol-generating device (aerosol generating system 100; [0058]),
the elongate metallic heater element extending between a proximal end (heater mount 26; Fig. 2; [0061]) and a distal end ([0061]), the proximal end configured for mounting to the aerosol-generating device for electrical communication with the aerosol-generating device ([0061], [0077]),
wherein the elongate metallic heater element comprises:
a plurality of sub-surface cavities defined beneath the surface of the elongate metallic heater element (through-holes 1200, 2200; [0074], [0078]),
wherein at least some of the plurality of sub-surface cavities of the elongate metallic heater element are provided in an inner region of the elongate metallic heater element, the inner region extending between the proximal end and 33% of a length of the elongate metallic heater element relative to the proximal end (Fig. 5 depicts all sub-surface cavities 2200 in the first 33% of the heater element (the inner region)),
And wherein at least 40% by volume, or at least 50% by volume, or at least 60% by volume, or at least 70% by volume, or at least 80% by volume of all of the plurality of surface notches and the plurality of sub-surface cavities of the elongate metallic heater element are provided in the inner region (Fig. 5 depicts all sub-surface cavities 2200 in the first 33% of the heater element (the inner region)).
Regarding claim 19, Holoubek teaches a plurality of through-holes extending through a thickness of the elongate metallic heater element (through-holes 1200, 2200; [0074], [0078]).
Regarding claim 23, Holoubek teaches that the sub-surface cavities of the inner region extend laterally across at least 90%, or at least 95%, of a lateral width of the elongate metallic heater element. (through-holes 1200, 2200 extend laterally through the elongate metallic heater element; [0074], [0078]).
Regarding claim 24, Holoubek teaches that all of the plurality of sub-surface cavities of the elongate metallic heater element are provided in the inner region of the elongate metallic heater element (Fig. 5 depicts all sub-surface cavities 2200 in the first 33% of the heater element (the inner region); [0074], [0078]).
Regarding claim 26, Holoubek teaches that the elongate metallic heater element extends along a longitudinal axis and laterally outwards from the longitudinal axis to define a blade having opposed first and second elongate surfaces (Figs. 3, 5, 6 and [0014], [0062] describe a blade, which would be expected to have opposed first and second elongate surfaces).
Regarding claim 27, Holoubek teaches a resistive heating track arranged on the first elongate surface (heating element 1082; [0071]); and a plurality of the surface notches on the second elongate surface (through-holes 1200, 2200 would be expected to be present of the second elongate surface), wherein the surface notches on the second elongate surface form at least 80% by volume of all of the plurality of surface notches of the elongate metallic heater element (all surface notches would be expected to be on the second elongate surface).
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.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US 20220338540 A1) as applied to claim 16 above, and further in view of Pijnenburg et al. (US 20220022541 A1).
Regarding claim 20, Yoon does not teach that the plurality of surface notches and the plurality of sub-surface cavities of the elongate metallic heater element are formed to define one or more honeycomb arrangements.
Pijnenburg, directed to an elongate heater element (heating element 50; Fig. 3; [0051-0052], [0058]) for an aerosol-generating device (aerosol-generating device 40; [0058]), wherein the elongate metallic heater element comprises a plurality of surface notches formed on a surface of the elongate metallic heater element (heater shell 10 forms cavities on the surface of the heating element; [0051-0053]), teaches that the notches are formed in a honeycomb pattern (Fig. 1; [0016-0017], [0051]) are used to ensure high structural stability at a low weight and are easier to manufacture ([0016-0017])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon by making the plurality of surface notches and the plurality of sub-surface cavities of the elongate metallic heater element to define a honeycomb arrangement as taught by Pijnenburg because both Yoon and Pijnenburg are directed to heater elements comprising a plurality of surface notches, Pijnenburg teaches that a honeycomb structures are used to ensure high structural stability at a low weight and are easier to manufacture, and this involves applying a known technique to a similar device to yield predictable results.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US 20220338540 A1) as applied to claim 16 above, and further in view of Chen et al. (US 20200305509 A1).
Regarding claim 22, Yoon teaches that the elongate metallic heater element may be free of any surface notches ([00941-0093]; Fig. 5).
Yoon does not teach that the elongate metallic heating element comprises a plurality of sub-surface cavities.
Chen, directed to an elongate heater element (heating component 6; [0030]) for an aerosol-generating device (vaporization device; [0028]), the elongate heater element configured for mounting to the aerosol-generating device for electrical communication ([0031]), teaches that the heating element may comprise sub-surface cavities that are closed pores ([0134-0135], [0138]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yoon by adding the plurality of sub-surface cavities as taught by Chen because both Yoon and Chen are directed to elongate heater elements, Chen teaches that sub-surface cavities that are closed pores are known in the art and one having ordinary skill in the art would recognize that this may improve heating, and this involves applying a known technique to a similar product to yield predictable results.
Conclusion
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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755