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 .
DETAILED ACTION
Election/Restriction
Claims 40-42 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected groups II and III, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/12/2026.
Applicant's election with traverse of group I, claims 23-39 in the reply filed on 3/12/2026 is acknowledged. The traversal is on the ground(s) that the special technical feature also includes a fastener that is configured to exert an axial force on the first and the second heater casing to urge axially opposing internal surfaces of the first and the second heater casings into sealing engagement with respective axially opposing end surfaces of a heating chamber to seal an airflow pathway through the heater assembly; this special technical feature is not disclosed by the prior art of Liu (EP3248479). This is not found persuasive because the above feature also does not make a contribution over the prior art in view of McGrath et al. (WO 2020201499A1). McGrath discloses a heater assembly comprising fastener 43 being configured to exert an axial force on the first heater casing and the second heater casing so as to urge axially opposing internal surfaces of the first heater casing and the second heater casing into sealing engagement with the respective axially opposing end surfaces of the heating chamber to seal the airflow pathway (see figs. 6-8).
The requirement is still deemed proper and is therefore made FINAL.
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) 23-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over McGrath et al. (WO 2020201499A1) in view of Qiu et al. (US. 20190261688A1).
Regarding claim 23, McGrath discloses a heater assembly for an aerosol-generating device, the heater assembly comprising: a heating chamber (29, fig. 6) configured to heat an aerosol-forming substrate, wherein the heating chamber is arranged between the first and the second heater casings (51 and 53, fig. 6) , and wherein the first and the second heater casings are attached to each other by a fastener, the fastener (43, fig. 6) being configured to exert an axial force on the first and the second heater casings to urge axially opposing internal surfaces of the first and the second heater casings into sealing engagement with respective axially opposing end surfaces of the heating chamber to seal the airflow pathway (line 25, page 22 to line 10, page 23 and figs. 6-8).
McGrath does not expressly disclose the first heater casing comprising an air inlet. Qiu discloses an aerosol generating device with a heater assembly provided in a housing (4) an exhaust port (41) communicating with a chamber; a base (5) with a through hole 51 communicating with an air inlet hole 21 and the base 5 and the housing 4 being screwed together (figs. 1-5 [0057-0058]). Therefore, Qiu discloses a heater assembly provided in the housing, a through hole in the base communicating with the air inlet hole, and an exhaust port on the housing communicating with the chamber to ensure smooth airflow in the heater assembly. It would have been obvious to one of skills in the art to modify the device of McGrath to have the first heater housing includes an air inlet, the second heater casing comprising an aerosol outlet; and the heating chamber being in fluid communication with both the air inlet and aerosol outlet to define an airflow pathway through the heater assembly for smooth airflow in the heater assembly as taught by Qiu.
Regarding claim 24, McGrath discloses heater casings further comprises an internal cavity that surrounds the heating chamber, and wherein a length of the heating chamber is greater than a length of the internal cavity in an unassembled state of the heater assembly (because once assembled the casings are formed together to make up the length of the heating chamber).
Regarding claim 25, it would have been obvious to one of ordinary skill in the art at the time the invention was made to perform routine experimentation to arrive to the claimed range of the length of the heating chamber is 0.5 percent to 8.5 percent longer than the internal cavity.
Regarding claim 26, McGrath discloses the first and the second heater casings are directly attached to each other by the fastener (line 25, page 22 to line 10, page 23 and figs. 6-8).
Regarding claim 27, McGrath discloses the screws 43 secure the second housing to the first housing; it would have been obvious to one of ordinary skill in the art that the axially opposing end surfaces of the heating chamber are in direct engagement with the respective axially opposing internal surfaces of the first and the second heater casings once the screws are tighten.
Regarding claim 28, McGrath discloses at least one of the first and the second heater casings further comprises a material having a tensile modulus of less than 6 gigapascals (lines 11-26, page 28).
Regarding claim 29, McGrath discloses at least one of the first and the second heater casings further comprises a polymer (lines 11-26, page 28).
Regarding claim 30, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have wherein at least one of the first and the second heater casings further comprises a chamfer (for alignment/fit) arranged at an internal surface of the at least one of the first and the second heater casings for axially aligning the heating chamber.
Regarding claim 31, McGrath discloses the fastener (43, fig. 6) comprises a threaded fastener or a snap-fit fastener (line 25, page 22 to line 10, page 23 and figs. 6-8).
Regarding claim 32, McGrath discloses the first and the second heater casings are attached to each other by a plurality of fasteners (line 25, page 22 to line 10, page 23 and figs. 6-8).
Regarding claim 33, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the plurality of fasteners symmetrically spaced around an outer perimeter of the first and the second heater casings for stability purpose.
Regarding claim 34, Qiu discloses wherein the first heater casing, the second heater casing and the heating chamber each comprise an airflow channel, the airflow channels communicating to define the airflow pathway (figs. 1-5 [0057-0058]).
Regarding claim 35, McGrath discloses the heating chamber comprises a tubular heating chamber (29, fig. 6).
Regarding claims 36-38, McGrath discloses a tubular heating chamber (29, fig. 6); changes in shape would be a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the chamber was significant (see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Regarding claim 39, McGrath discloses wherein the heating chamber (29, fig. 6) is configured to receive at least a portion of an aerosol-generating article (21, fig. 1) .
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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