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 16-29 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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 16-29 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 16 is indefinite for reciting “a stopper having a circular cross-section in a plane parallel to a longitudinal axis of the cavity and perpendicular to a longitudinal axis of the stopper” because the orientation of the cross-section is unclear. First, based on the Applicant’s Figures 1A, 1B, and 6, it appears that the stopper should have a circular cross-section in a plane perpendicular to the longitudinal axis of the cavity. Second, it is unclear how the stopper could physically have “a circular cross-section in a plane… perpendicular to a longitudinal axis of the stopper.” The specification restates the unclear limitation (Page 3, lines 16-17) but further states that the “stopper may be arranged perpendicular to the longitudinal axis of the cavity” (Page 3, lines 26). Therefore, for purposes of examination, the claim or phrase will be interpreted as: “a stopper having a circular cross-section in a plane cavity”. Clarification is requested.
Claims 17-29 are rejected for their dependency/reference on Claim 16.
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.
Claims 16-20 and 22-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mironov (WO 2019030167 A1, with equivalent US 20200236999 A1 used for the purpose of citations and cited in IDS dated 11/2/23).
Regarding Claim 16, Mironov discloses an aerosol-generating device (device 22. [0015], Fig 2), comprising:
a cavity configured to receive an aerosol-generating article comprising aerosol- forming substrate (consumable 28 is configured to fit within chamber 34. [0052]-[0053], Figs 2-3);
a heating element disposed at least partly surrounding the cavity (induction coil 32. [0053], Figs 3-4); and
a stopper having a circular cross-section in a plane perpendicular to a longitudinal axis of the cavity (heating compartment 10 is provided with support elements 16. [0049], Fig 1),
wherein the stopper is disposed at a distal portion of the cavity (when heating compartment 10 is inserted into device 22, support element 16 is disposed at a distal portion of the chamber 34. [0053], Fig 3),
wherein the stopper is configured to stop the aerosol-generating article when the aerosol-generating article contacts the stopper (the support element may limit the movement of a consumable within the heating cavity. [0017]),
wherein the stopper is arranged transversally spanning a distal portion of the cavity (support elements span from the side surface to the heating element 16. [0049], Fig 1),
wherein the stopper is arranged such that air can flow from distal of the stopper around the stopper into the cavity (The support element 16 has a shape such that air can pass through apertures 18. [0049], Fig 1),
wherein the terms proximal and distal refer to relative positions of components, or portions of components, of the aerosol-generating device in relation to a direction in which the components of the aerosol-generating device are oriented relative to a user during use of the aerosol-generating device, with a component oriented towards the user being a proximal component and a component at an opposite end of the aerosol-generating device being a distal component (consumable 28 is inserted into the proximal end 26 of device 22. [0051]-[0052], Fig 2-3).
Regarding Claim 17, Mironov discloses an aerosol-generating device wherein the stopper is arranged crossing a longitudinal central axis of the cavity (Support elements span from the side surface to the heating element 16 such that the elements are arranged crossing a longitudinal central axis of the cavity. [0017], [0049], Fig 1).
Regarding Claim 18, Mironov discloses an aerosol-generating device wherein the stopper is a pin, a bar, a rod, a pole, a shaft, a beam, a rail, a strut, a spoke, a stem, a spoke, or a crossbar (Support elements 16 are depicted as spokes. [0051], Figs 1-2).
Regarding Claim 19, Mironov discloses an aerosol-generating device wherein the stopper has a curved surface (side surface of compartment 10 is curved. [0049], Figs 1-2).
Regarding Claim 20, Mironov discloses an aerosol-generating device wherein the stopper is configured cross-shaped (Support elements 16 are in a cross shape. [0017], [0049], Figs 1-2).
Regarding Claim 22, Mironov discloses an aerosol-generating device
wherein the cavity comprises an inner sidewall (the chamber 34 comprises walls into which compartment 10 is inserted. [0053], Fig 3),
wherein the inner sidewall comprises a first recess (the housing chamber may comprise a recess. [0029]), and
wherein the stopper is mounted in the first recess (the recess of the side surface of the housing chamber may provide a snap-fit locking mechanism for the heating compartment 10, which is provided with support elements 16. [0029], [0049]).
Regarding Claim 23, Mironov discloses an aerosol-generating device
wherein the inner sidewall further comprises a second recess opposite the first recess (The housing chamber may comprise recesses. [0029]. Wherein the chamber comprises a plurality of recesses, the chamber comprises at least a first and second recess), and
wherein the stopper is mounted in the second recess so as to be mounted between the first recess and the second recess (The plurality of recesses correspond to locking elements on compartment 10. [0029], [0049]).
Regarding Claim 24, Mironov discloses an aerosol-generating device wherein the stopper is arranged at a base of the cavity, and wherein the base of the cavity is arranged at the distal portion of the cavity (consumable 28 is inserted into the proximal end 26 of chamber 34 such that support element 16 is disposed at the base of chamber 34 which is the distal portion of the cavity. [0051]-[0053], Figs 2-3).
Regarding Claim 25, Mironov discloses an aerosol-generating device wherein the cavity is further configured as a heating chamber (chamber 34 is configured as a heating chamber. [0005]-[0007], [0053], Fig 3).
Regarding Claim 26, Mironov discloses an aerosol-generating device further comprising
an airflow channel distal of the cavity and the stopper (The device comprises an air inlet at the distal end of the heating compartment such that air may pass into the compartment. [0024]-[0026]),
wherein the airflow channel is arranged to enable airflow into the cavity past the stopper (The air inlet is position such that the air flow passes through the apertures 18 formed by support element 16. [0024]-[0026], [0049]).
Regarding Claim 27, Mironov discloses an aerosol-generating device wherein the stopper is arranged in the airflow channel (The support element 16 is arranged such that air can pass through apertures 18. [0049], Fig 1).
Regarding Claim 28, Mironov discloses an aerosol-generating device wherein the stopper is arranged closer to a proximal end of the aerosol-generating device than to a distal end of the aerosol-generating device (consumable 28 is inserted into the proximal end 26 of Chamber 34 such that support element 16 is disposed at a distal portion of the chamber 34. [0051]-[0053], Figs 2-3).
Regarding Claim 29, Mironov discloses an aerosol-generating system comprising
an aerosol-generating device according to claim 16 (see claim 16) and
an aerosol-generating article comprising aerosol-forming substrate (consumable 28 containing aerosol-forming substrate. [0052], Fig 2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Mironov.
Mironov does not explicitly disclose wherein the stopper is configured in a T-shaped. However, given that a T-shaped stopper merely involves a change in shape of the stopper from a cross-shape (as discussed above in regard to Claim 20) to a T-shape, the modification would be obvious to one having ordinary skill in the art. A person having ordinary skill in the art would find the particular shape of the stopper an obvious matter of design choice. See MPEP 2144.04(IV)(B). Therefore, it follows that a person having ordinary skill in the art, through reshaping of the stopper disclosed in Mironov, would arrive at a T-shaped stopper as claimed, absent evidence to the contrary.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Buckman whose telephone number is (571)270-0888. The examiner can normally be reached Monday-Friday 8:00-4:00.
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/JEFFREY A. BUCKMAN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755