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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-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 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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 7,415,198) in view of Lin (US 2007/0062931 A1).
Claim 12: Lin’198 teaches a quartz heater tube (c1 L66-67) (“for an aerosol generation device” refers to an intended use of the claimed structure (i.e. heater) and is not considered to provide a structural limitation to the claim) comprising: an elongated base body 11, having a proximal end, a distal end, and a closed space formed inside the base body, wherein the closed space is filled with a working gas); and a first electrode 13 and a second electrode 13 spaced apart from each other (Fig1), wherein the first electrode 13 and the second electrode 13 are both partially accommodated in the closed space and extend from the closed space to outside of the base body 11 (c1 L66 to c2 L28) (“and the first electrode and the second electrode are configured to receive electric power to generate an electric field between the first electrode and the second electrode; and the working gas is ionized to form a plasma under an action of the electric field to generate heat” refers to an intended use of the claimed structure (i.e. heater) and is not considered to provide a structural limitation to the claim).
Claim 12, Lin’198 teaches that those skilled in the art will appreciate that various modifications, additions, and substitutions are possible (c2 L35-39). Lin’198 does not teach using two first electrodes 13 and/or two second electrodes 13 at the proximal and/or distal ends with each having a portion extending from the distal end (or proximal end) to the proximal end (or distal end).
However, it is conventional and well-known in the art to use two electrodes at one or more of the proximal and/or distal ends of a quartz heater tube – as demonstrated by Lin’931. Lin’931 teaches a quartz heater tube (¶2) having electrodes 17 and 19 at a distal end (or proximal end) of the quartz heater tube (¶s14-15).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to have provided in Lin’198 using two first electrodes 13 and/or two second electrodes 13 at the proximal and/or distal ends with each having a portion extending from the distal end (or proximal end) to the proximal end (or distal end) in that it is conventional and well-known in the art to use two electrodes at one or more of the proximal and/or distal ends of a quartz heater tube – as demonstrated by Lin’931 – and wherein it has been held that a mere duplication of parts has no patentable significance unless there is a new and unexpected result (MPEP 2144.04(VI)(B).
Prior Art of Record
The following prior art is made of record: KR20090002978U teaches two electrodes on one side of a quartz heater tube. KR20120033509A teaches two electrodes on one side of a quartz heater tube.
Allowable Subject Matter
Claims 1-11 are allowed.
The following is a statement of reasons for the indication of allowable subject matter. Claim 1: the closest prior art of record to Chen (CN 108308725 A) teaches an aerosol generation device comprising: ●a chamber (as shown in Figures 1 and 2 where cartridge 100 is inserted into the chamber surrounded by at least mouthpiece 2, shell 12, and gear ring 81); ●heater 7; and ●core 4.
Heater 7 comprises an elongated base body having a proximal end, a distal end, and a closed space formed inside the base body. The proximal end is configured to be inserted into an aerosol-forming substrate 100 (cartridge 100) received in the chamber. The closed space is filled with a copper core. First electrode 41 and second electrode 41 are spaced apart from each other. First electrode 41 and second electrode 41 are configured to receive electric power provided by core 4 (and power supply 3) to generate an electric field between first electrode 41 and second electrode 41 (paras42-56 Figs1-3).
However, Chen, alone or in combination with the other prior art of record, does not teach or fairly suggest that the closed space is filled with a working gas; that the first electrode and the second electrode are both partially accommodated in the closed space and extend from the closed space to outside of the base body; and that the working gas is ionized to form a plasma under an action of the electric field to generate heat to heat the aerosol-forming substrate.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phil Tucker can be reached at (571) 272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745
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