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 1-12, and 14 are pending and are subject to this office action. Claim 13 is withdrawn from consideration. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-12, and 14 in the reply filed on 04/06/2026 is acknowledged.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation, “an aerosol generating device, comprising a chamber” in line 1 and “an elongated base body, having a closed end and an open end, wherein a chamber in communication with the open end is formed therein” in lines 4-5. It is unclear if the chamber in line 1 is the same chamber recited in line 5. The specification appears to disclose a chamber (11) configured to receive an aerosol forming substrate (Fig. 1, [0030]) and a chamber (121c) formed within the elongated base body (Fig. 6, [0037]). For the purposes of examination, “a chamber” in line 1 will be interpreted as a separate chamber from the chamber formed in the elongated base body recited in line 5.
Claim 1 recites the limitation, “the base body” in line 15. There is insufficient antecedent basis for this limitation in the claim because it is the first mention of a base body. Claim 1 recites “an elongated base body” in claim 1 line 4. “The base body” in line 15 appears to be referring to the elongated base body in line 4. Therefore, for the purposes of examination, the base body in line 15 will be considered to be the same structure as the elongated base body in line 14.
Claims 2-12, and 14 are also rejected by virtue of their dependence on claim 1.
Claim 8 recites the limitation, “wherein the body of the first electrode and the body of the second electrode are both arranged at the first end.” It is unclear if both the first and second electrode bodies being arranged at the first end requires both electrode bodies be adjacent to the first end or that the first and second electrode bodies simply need to be positioned near the first end. The specification discloses, “Referring to Fig. 5 for understanding, in another example, both the body 1231 and the body 1241 are arranged at the first end 122a” ([0054]). However, Fig. 5 appears to illustrate the first electrode body (1231) and second electrode body (1241) arranged at opposing ends of the carbon material containing heating body (122). For the purposes of examination, “both arranged at the first end” will be interpreted as both electrode bodies being positioned near the first end.
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.
Claims 1-3, 8-9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109674093 A, as cited on IDS dated 10/15/2023, hereinafter referring to the English Machine translation provided) in view of Park (WO 2020017696 A1, as cited on IDS dated 12/04/2024, hereinafter referring to the English Machine translation provided).
Regarding claim 1, Zhou discloses an aerosol generating system (Fig. 1, [0009]), comprising:
A cartridge chamber (12, Fig. 1, [0046]),
An infrared heating column (11, “infrared heater”, Fig. 4, [0047]), and;
A shell component (4, “a core”) housing a battery (3) for supplying electric power (Fig. 1, [0045, 0047]).
The infrared heating column (11, “infrared heater”, Fig. 4) comprises:
An infrared radiation coating (112) comprising carbon fiber (“a carbon material containing heating body”) extending longitudinally from first end (top end connected to 113) to a second end (bottom end connected to 18, Fig. 4, [0047, 0052]),
A first and second electrode (115, 116) arranged on the infrared radiation coating (112), and spaced apart from each other (Fig. 4, [0047]), and;
The first and second electrode (115, 116) are electrically connected to a battery assembly (3) and are used to energize the infrared radiation coating (112) to release infrared radiation (i.e. generate infrared rays, Fig. 3, Fig. 4, [0047]).
Zhou does not explicitly disclose an elongated base body having a closed end and open end, wherein the carbon material containing heating body is accommodated in a chamber in communication with the open end of the elongated base body.
However, Park, directed to a heater module (100, Fig. 1) for an electronic cigarette ([0017]), discloses:
A heater module (100) comprising a heat dissipation case (110) having a closed end (112) and open end (111a) in which a heater (120) is inserted into (Fig. 2, Fig. 4, [0017, 0019,0025]).
The closed end (112) is configured to be inserted in an aerosol forming substrate (Fig. 7).
The heat dissipation case (110, 111, 112) provides a protective covering for the heater (120) and prevents damage to the heater (120, [0006]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhou by accommodating the heating column within heat dissipation case as taught by Park because both Zhou and Park are directed to aerosol generating devices, Park teaches the heat dissipation case protects the heater and prevents heater damage, and this involves applying a known outer covering to a similar heating structure in a similar device to yield predictable results.
Providing the heating column (11, “infrared heater”) of Zhou within a heater dissipation case (110, Fig. 1) as taught by Park would result in the first end (top end Fig. 4) of the infrared radiation coating (Zhou: 112, “carbon material containing heating body”) being arranged close to the closed end of the heater dissipation case (Park: 110, Fig. 1) and the first and second electrodes (Zhou: 115, 116) being accommodated in the chamber formed by the inner cavity of the heater dissipation case (Park: 110, Fig. 1).
Regarding claim 2, Zhou discloses a first and second electrode (115, 116) comprising a ring shaped body (cross section of infrared heating column 11 shown in Fig. 4), where the first electrode (116) is connected to the battery (3) via a wire (114, “an electrode lead”) and the second electrode (115) can be directly connected to the battery (3, Fig. 4, [0047]).
Zhou discloses the second electrode (115) abuts a control component (2, Fig. 3, [0023, 0045]) but does not explicitly disclose how the lower/second electrode (115) is directly connected to the battery (3).
However, Park, directed to a heater module (100, Fig. 1) for an electronic cigarette ([0017]), discloses:
A heater (120) comprising heater electrode terminals (123) each connected to a power supply unit (130) via first and second conductive lines (131, 132, “an electrode lead”, Fig. 5, [0026]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Zhou by connecting the lower/second electrode to the battery via a conductive line as taught by Park because both Zhou and Park are directed to aerosol generating devices, Zhou teaches the lower/second electrode is directly connected to the battery but is silent to the connection means, Park teaches a heater having two electrodes connected to a power supply via conducting lines, and one having ordinary skill in the art would be motivated to look to similar heaters for how to connect the electrodes to a battery, and this involves applying a known connection with a conductive line in a similar heater in a similar device to yield predictable results.
Regarding claim 3, Zhou discloses the first electrode body (116) is arranged at the first/upper end of the infrared radiation coating (112, “carbon material containing heating body”) and the second electrode body (115) is arranged at the second/lower end of the infrared radiation coating (112, “carbon material containing heating body”, Fig. 4, [0047]).
Regarding claim 8, Zhou discloses the first electrode body (116) and second electrode body (115) are arranged near the first/upper end of the infrared radiation coating (112, “carbon material containing heating body”, Fig. 4, [0047]).
Regarding claim 9, Zhou discloses two ring shaped electrodes (115, 116, Fig. 4) connected to the infrared radiation coating (112, “carbon material containing heating body”, Fig. 4, [0047]). The portion of the infrared radiation coating (112) occupied by the ring shaped electrodes (115, 116) is considered to be a first electrode hole and second electrode hole.
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Regarding claim 12, Zhou discloses the infrared radiation coating (12) comprises carbon fiber (Fig. 4, [0047, 0052]).
Claims 4-6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109674093 A, as cited on IDS dated 10/15/2023, hereinafter referring to the English Machine translation provided) in view of Park (WO 2020017696 A1, as cited on IDS dated 12/04/2024, hereinafter referring to the English Machine translation provided) as applied to claim 3 above, further in view of Cui (US 20230100970 A1).
Regarding claim 4, Zhou discloses the wire (114) extends through a ceramic tube (111, Fig. 4, [0047]) and Park discloses conductive lines (131, 132) pass through the open end (111a) of the heat dissipation case (110, Fig. 5).
Zhou and Park do not explicitly disclose a groove recessed from a side surface in a radial direction of the infrared radiation coating/carbon material containing heating body.
However, Cui, directed to a heating apparatus (4, Fig.4, [0051]) for an electronic cigarette, discloses:
A positioning groove (115) provided on a surface of the casing plate (111) to fix a heating element wire (120) in within the casing (111, Fig. 4, [0038, 0051-0052]).
The positioning groove (115) may be formed on each side of the casing (111, [0051]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhou, in view of Park, by providing a positioning groove on the outer surface of the infrared radiation coating as taught by Cui because both Zhou and Cui are directed to aerosol generating devices, Cui teaches a positioning groove for fixing a wire in a housing, and this involves applying a known positioning groove to a housing in a similar heater in a similar device to yield predictable results.
Regarding claim 5, Zhou discloses a ring shaped lower second electrode (115) having a through hole extending longitudinally in which the wire (114, “electrode lead of the first electrode”) extends through (Fig. 4, [0047]).
Park discloses conductive lines (131, 132) that pass through the open end (111a) of the heat dissipation case (110, Fig. 5).
Regarding claim 6, Park discloses an insulating film (113) coated on the heat dissipation case (110, Fig. 4b, [0023]).
The infrared radiation column (Zhou: 11) is provided in the heat dissipation case (Park: 110, Fig. 4) and therefore the insulating film (Park: 113) on the periphery of the heat dissipation case (Park: 110, Fig. 4) is sleeved (i.e. covering or surrounding) on a periphery of the first electrode lead (Zhou: 114, Fig. 4).
The Examiner notes that claim 6 does not require the insulating member be provided on a surface of the first electrode lead.
Regarding claim 14, Park discloses an insulating film (113) coated on the heat dissipation case (110, Fig. 4b, [0023]).
The infrared radiation column (Zhou: 11) is provided in the heat dissipation case (Park: 110, Fig. 4) and therefore the insulating film (Park: 113) on the periphery of the heat dissipation case (Park: 110, Fig. 4) is sleeved (i.e. covering or surrounding) on a periphery of the first electrode lead (Zhou: 114, Fig. 4).
The Examiner notes that claim 14 does not require the insulating member be provided on a surface of the first electrode lead.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109674093 A, as cited on IDS dated 10/15/2023, hereinafter referring to the English Machine translation provided) in view of Park (WO 2020017696 A1, as cited on IDS dated 12/04/2024, hereinafter referring to the English Machine translation provided) and Cui (US 20230100970 A1) as applied to claim 4 above, further in view of Asmus (US 20210392955 A1).
Regarding claim 7, Zhou discloses a temperature sensor (17) provided on the control component (2, Fig. 1, [0041, 0061]).
Zhou, Park, or Cui do not explicitly disclose a temperature sensor at least partially arranged in the groove.
However, Asmus, directed to a heating element (1) for a system for providing an inhalable aerosol (Fig. 1, [0072]), discloses:
A temperature sensor (13) arranged in a longitudinal groove on a heating element (1) which provides a space saving arrangement (Fig. 2, [0044, 0072-0073]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhou, in view of Park and Cui, by providing a temperature sensor within the groove as taught by Asmus because both Zhou and Asmus are directed to aerosol generating devices, Asmus teaches positioning a temperature sensor in a groove of a heating element is a space saving arrangement, and this involves positioning a known temperature sensor in a groove in a similar heater in a similar device to yield predictable results.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109674093 A, as cited on IDS dated 10/15/2023, hereinafter referring to the English Machine translation provided) in view of Park (WO 2020017696 A1, as cited on IDS dated 12/04/2024, hereinafter referring to the English Machine translation provided) as applied to claim 9 above, further in view of Russell (US 20180055089 A1).
Regarding claim 10, Zhou discloses a first and second electrode hole formed by the portion of the infrared radiation coating (112) occupied by the ring shaped electrodes (115, 116), as discussed in claim 9 above.
Zhou does not explicitly disclose the first electrode body is threadably connected to the first electrode hole and second electrode body is threadably connected to the second electrode hole.
However, Russell, directed to a vaporizer (102, Fig. 2, [0032]), discloses:
A female threaded electrical contact and male threaded electrical contact (202) for mechanical and electrical coupling of a vaporizing unit (106) to a battery unit (104), allowing the battery unit (104) to be attached and detached from the vaporizing unit (106, Fig. 2, [0035]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhou, in view of Park, by providing a threaded connection between the electrodes and the electrode holes as taught by Russell because both Russell and Inoue are directed to aerosol generating devices, Russell teaches the threaded connection allows the component to be attached and detached, and this involves applying a known threaded connection in an electrical contact a similar heater in a similar device to yield predictable results.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109674093 A, as cited on IDS dated 10/15/2023, hereinafter referring to the English Machine translation provided) in view of Park (WO 2020017696 A1, as cited on IDS dated 12/04/2024, hereinafter referring to the English Machine translation provided) as applied to claim 1 above, further in view of Inoue (WO 2021025032 A1, hereinafter referring to the English Machine translation provided).
Regarding claim 11, Zhou is silent to a sealing member to seal the open end of the elongated base body.
However, Inoue, directed to a tobacco heating device (1, Fig. 1, [0011]), discloses:
A tobacco heater (1) comprising a base (10) inserted into an opening in a flange (30, Fig. 1, [0011-0012, 0028]), and
A bonding layer (40, “a seal member”) for bonding the substrate (10) to the flange (30, Fig. 3, [0029]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhou, in view of Park, by providing a bonding layer between the lower/second end of the infrared radiation column and the opening of the heat dissipation case as taught by Inoue because both Zhou and Inoue are directed to aerosol generating devices, Inoue teaches the bonding layer is used to secure a heater to an opening in the base, and this involves applying a known bonding layer to a similar heater in a similar device to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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