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 § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim 12 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Lin (US 7,415,198).
Claim 12: Lin teaches a heater (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).
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).
Prior Art of Record
The following prior art is made of record: Sayed teaches a hollow susceptor.
Conclusion
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/LINDA L GRAY/Primary Examiner, Art Unit 1745