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 1-19 are pending and are subject to this office action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-9, 17-19 in the reply filed on 05/07/2026 is acknowledged.
Claims 10-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/07/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the bypass recited in claim 7 must be shown or the feature(s) canceled from the claim(s). The specification references a thermal bypass (137) in Fig. 6 (pg. 24 lines 27-34, pg. 25 lines 1-3), but reference number 137 is not shown in the figures. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 7 is 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 7 recites, “the heat modulator is further configured to thermally conduct a proportion of the heat from the heat absorber to the heat diffuser via a bypass through the at least one phase change material comprised in the heat modulator”. It is unclear if the bypass transfers heat directly from the heat absorber to the heat diffuser without passing through the heat modulator or if the heat modulator is acting as a bypass to transfer some of the heat from the heat absorber to heat diffuser. The specification to discloses a thermal bypass member (137) which enables a direct thermal conduction between the heat absorber (30) and the heat diffuser (34) that does not pass through a portion of phase change material (35, pg. 24 lines 27-34, pg. 25 lines 1-3). Therefore, a bypass in claim 7 will be interpreted as a structure that directs heat from the heat absorber to the heat diffuser without passing through the heat modulator.
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.
Claims 1-2, and 7-9 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Silvestrini (US 20160021932 A1).
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Regarding claim 1, Silvestrini discloses an aerosol generating device (4, “a heating assembly”) for heating an aerosol generating article (2, [0186]), comprising:
A heat exchanger (14, “heat absorber”) which transfers heat from a flame (“a proximate heat source”) to a first and second phase change material (16, 18, “a heat modulator comprising at least one phase change material”, Fig. 1, [0184-0186]),
The first and second phase change materials (16, 18, “heat modulator”) release thermal energy to heat the cavity of the device (“a heat diffuser”) in order to heat the aerosol generating article (2) received in the cavity (Fig. 1, [0186]).
The heat exchanger (14, “heat absorber”) is in contact with the first and second phase change materials (16, 18, “a heat modulator”) and therefore is thermally coupled to the first and second phase change materials (16, 18, “a heat modulator”, Fig. 1, [0073]).
The first and second phase change materials (16, 18, “a heat modulator”) is in contact with the cavity of the device (“a heat diffuser”) therefore is thermally coupled to the cavity of the device (“a heat diffuser”).
In regards to the limitation requiring the heat absorber absorbs thermal energy in a first temperature range, and thermal energy is provided to the heat diffuser in a second temperature range, where the lowest temperature of the first temperature range is greater than the highest temperature of the second temperature range, Silvestrini does not explicitly disclose the temperature range of the heat exchanger (14, “heat absorber”) and cavity of the device (“a heat diffuser”). However, Silvestrini discloses a flame is used to transfer heat to the heat exchanger (14, “heat absorber”), which transfers heat to the first and second phase change materials (16, 18, “a heat modulator”) which release thermal energy to heat the cavity of the device (“a heat diffuser”) in order to heat the aerosol generating article (2) received in the cavity (Fig. 1, [0184-0186]). As heat is transferred from the heat absorber (14) to the heat modulator (16, 18) to the heat diffuser (cavity), at least some of the heat from the absorber (14) is transferred and lost to the housing (12) and environment external to the device (4). Therefore, the lowest temperature of the heat absorber (14) would be greater than the highest temperature of the heat diffuser (cavity), absent evidence to the contrary.
Regarding claim 2, Silvestrini discloses the heat source is a flame, and the heat exchanger (14, “heat absorber”) absorbs heat from the flame ([0184]).
Regarding claim 7, Silvestrini discloses a first and second phase change material (16, 18, heat modulator) positioned in contact with the heat diffuser, housing (12) and an inner housing (shown in the annotated Fig. 1 below). The inner housing is also in contact with heat diffuser. Therefore, a person having ordinary skill in the art would reasonably expect at least some of the heat from the heat exchanger (13, “heat absorber) to be transferred to the housing (12) to the inner housing and then to the heat diffuser such that the heat bypasses the phase change materials (16, 18, Fig. 1).
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Regarding claim 8, Silvestrini discloses the cavity (heat diffuser) transfers heat to the aerosol generating article (2) to aerosolize volatile compounds in the aerosol generating article (2, Fig. 1, [0186-0187]).
Regarding claim 9, Silvestrini discloses the first and second phase change materials (16, 18, “heat modulator”) release thermal energy to heat the elongate cylindrical cavity of the device (“a heat diffuser”) in order to heat the aerosol generating article (2) received in the cavity (Fig. 1, [0186]). The inner cavity of the device heating the article (2) received in the inner cavity is considered to be an elongate thermally conductive member.
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 3-5, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini (US 20160021932 A1) in view of Kumar (US 20130014755 A1, as cited on IDS dated 05/08/2026).
Regarding claim 3, Silvestrini discloses the heat exchanger (14, “heat absorber”) comprises thermally conductive fins for absorbing heat from an external flame ([0182, 0184]).
Silvestrini does not explicitly disclose the heat exchanger (14, “heat absorber”) comprises a cavity that surrounds the flame of the heat source.
However, Kumar, directed to an aerosol delivery device (10, Fig. 1, [0015]), discloses:
A gas burner (24) for producing a flame (26) and heating a combustion chamber (22, “cavity”) formed by the housing (12) of the device (10, Fig. 3, [0020-0021]).
The flame (26) provides controlled heat transfer to provide temperature ranges appropriate for vaporization with minimal start up time ([0038]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Silvestrini by providing a gas burner and combustion chamber at the distal end of the aerosol generating device as taught by Kumar because both Silvestrini and Kumar are directed to aerosol generating devices, Silvestrini teaches using an external flame to heat the heat absorber, Kumar teaches providing a gas burner within the device allows for controlled heat transfer with minimal start up time, and this involves applying a known gas burner and chamber to a similar device to yield predictable results.
Regarding claim 4, Silvestrini discloses the heat exchanger (14, “heat absorber”) comprises thermally conductive fins ([0182, 0184]). Kumar discloses a combustion chamber (22, “cavity”) formed by the housing (12) of the device (10, Fig. 3, [0020-0021]). Silvestrini, in view of Kumar, provides an aerosol generating device comprising an elongate heat exchanger (Silvestrini: 14, “heat absorber”) surrounded by a cylindrical housing (Kumar: 12) having empty space/air disposed between them at the internal periphery of the cavity (Kumar: 22). Air is considered to be an insulating portion that is capable of insulating against thermal conduction of heat from the heat exchanger (Silvestrini: 14) to an external periphery of the housing (Kumar: 12).
The Examiner notes that claim 4 does not require an insulating portion be disposed on the inner surface of the cavity. Claim 4 only requires an insulating portion disposed on the internal periphery of the cavity which is interpreted as the outer edges of the cavity.
Regarding claim 5, Silvestrini discloses the heat exchanger (14, “heat absorber”) comprises elongate thermally conductive fins which transfers heat from a flame to a first and second phase change material (16, 18, “a heat modulator”([0182, 0184-0186]). Silvestrini, in view of Kumar, discloses the thermally conductive fins of the heat exchanger (Silvestrini: 14, “heat absorber”) are disposed a cylindrical housing (Kumar: 12). Therefore, Silvestrini, in view of Kumar, is considered to be capable of transferring heat from the heat exchanger (Silvestrini: 14, “heat absorber”) in the cavity (Kumar: 22) to the phase change materials (16, 18, “a heat modulator”).
Regarding claim 17, Kumar discloses a gas burner (24) for heating a combustion chamber (22, “cavity”) formed by the housing (12) of the device (10, Fig. 3, [0020-0021]). The housing (12) surrounds the flame (26) produced by the gas burner (24, Fig. 3) which is expected to retain heat in the device (instead of being lost to the external environment surrounding the device) that can be transferred to the heat diffuser (i.e. towards the heat diffuser).
Claim 6 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini (US 20160021932 A1) in view of Potter (US 4955399 A).
Regarding claim 6, Silvestrini discloses the phase change materials (16, 18) are enclosed by surfaces of housing (12), heat exchanger (14), and an inner housing (Fig. 1).
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Silvestrini does not explicitly disclose a sealed body for containing at least one phase change material.
However, Potter, directed to a cigarette (10, Fig. 1, col. 4 lines 50-55), discloses:
A cigarette (10) comprising a heat source (35) formed of a phase change material (Fig. 1, col. 5 lines 20-23, col. 8 lines 36-57), where a barrier (33, “a sealed body”) formed of a thermoplastic material provides an air seal (col. 5 lines 5-20).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Silvestrini by providing a barrier at an end of the phase change materials taught by Potter because both Silvestrini and Potter are directed to aerosol generating devices, Silvestrini discloses the phase change materials are enclosed by surfaces of the housing and heat exchanger, Potter discloses providing a barrier at the end of phase change material to provide an air seal and this involves applying a known barrier to a section of phase change material in a similar device to yield predictable results.
Regarding claim 18, Silvestrini, in view of Potter, discloses a barrier (Potter: 33, “sealed body”) disposed at an end of the phase change material (Silvestrini: 16, 18) between the housing (Silvestrini: 12) and heat diffuser/inner cavity (Silvestrini). Thermally conductive contact is interpreted as a position where heat can be transferred by contact between the components of the device. Heat can be transferred between the barrier (Potter: 33, “sealed body”) and the heat absorber (Silvestrini: 14) via contact with the housing (Silvestrini: 12). Heat can be transferred between the barrier (Potter: 33, “sealed body”) and heat diffuser/inner cavity (Silvestrini) through direct contact. Therefore, a portion of the barrier (Potter: 33, “sealed body”) is in thermally conductive contact with the heat absorber (Silvestrini: 14) and a portion of the barrier (Potter: 33, “sealed body”) is thermally conductive contact with the heat diffuser/inner cavity (Silvestrini).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini (US 20160021932 A1) in view of Campitelli (US 20220132917 A1).
Regarding claim 19, Silvestrini discloses the heat diffuser comprises an elongate cavity (“elongate thermally conductive member”), as detailed in the rejection of claim 9 above.
Alternatively, Silvestrini discloses the cavity (heat diffuser) comprises an elongate piercing member (20) formed of any suitable material (Fig. 1, [0099, 0179, 0183]) and thermally coupled to the phase change materials (16, 18, “heat modulator”) through shared contact with the heat exchanger (14, Fig. 1). The piercing member (20) is configured to be inserted into (“lodge”) a cigarette (2) upon insertion of the cigarette (2) into the device (4, Fig. 1, [0183]).
Silvestrini does not disclose the piercing member is thermally conductive and is silent to the specific material used for the piercing member.
However, Campitelli, directed to an inhaler system (100, Fig 1, [0089]), discloses:
A piercing device (150) comprising a piercing element (160) formed of a metal such as stainless steel ( Fig. 2, [0037, 0090-0091]). Stainless steel is considered to be a thermally conductive material.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Silvestrini by forming the piercing member of stainless steel as taught by Campitelli because both Silvestrini and Campitelli are directed to aerosol generating devices, Silvestrini is silent to the material used for the piercing member, Campitelli teaches a similar piercing member formed of stainless steel, and one having ordinary skill in the art would be motivated to look to similar piercing member for suitable materials of construction and this involves applying a known material to a similar piercing member in a similar aerosol generating 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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