DETAILED ACTION
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 § 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 9 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 9 recites the limitation "the inflow hole". There is insufficient antecedent basis for this limitation in the claim. Examiner believe applicant intended to write claim 9 to depend on claim 8 which does recite “an inflow hole”. Examination will proceed as if claim 9 depends on claim 8.
Claim Rejections - 35 USC § 102
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 1-4, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20220218033 A1 (hereinafter FALLON).
Regarding claim 1, FALLON discloses aerosol provision devices (abstract). FALLON discloses an aerosol-generating device (Fig. 1, aerosol provision device 100, ¶37) comprising: a housing (Fig. 1, housing 102, ¶38) including an inner space (Fig. 9, interior space of the housing as shown in Fig. 9) for accommodating an aerosol-generating article (Fig. 2, aerosol generating material 110a, ¶39); a heater (heating assembly, ¶10) which is arranged outside of the aerosol-generating article to heat the aerosol-generating article accommodated in the inner space (As shown in Fig. 2, ¶54). FALLON discloses that the heating assembly includes many components not limited to an inductor, a heating element, a susceptor, etc. (¶9). As with the instant application, the portions of the heater encompass the various elements that are assembled together to form the heater (i.e. heating assembly). FALLON further discloses at least one support (Fig. 3a, conduit support 131, ¶60) which is arranged in the inner space, supports the aerosol-generating article, and guides air introduced into the inner space to one end of the aerosol-generating article. FALLON discloses that during use, air is drawn into the devices, flows along the inlet conduit 103a which is, as shown in Fig. 3a, on one end of the aerosol generating article (¶39).
Regarding claim 2, FALLON discloses the aerosol-generating device of claim 1 as discussed above. FALLON further discloses the support includes an end support (Fig. 2, stop 105, ¶129) which contacts at least a portion of the one end of the aerosol-generating article. This can be seen in Figs. 2 and 3a where the support 131 is in abutting contact with the aerosol generating article 110a.
Regarding claim 3, FALLON discloses the aerosol-generating device of claim 2 as discussed above. FALLON further discloses the support further includes a side support for supporting at least a portion of a side surface of the aerosol-generating article. This can be seen in Figs. 2 and 3a where the support 131 is in abutting contact with the sides of aerosol generating article 110a and the support extends up alongside the article.
Regarding claim 4, FALLON discloses the aerosol-generating device of claim 2 as discussed above. FALLON further discloses wherein the support further includes a heater support for supporting one end of the heater. This is shown in Fig. 3a. The support 131 when assembled provides support and structure to at least the susceptor 136. As discussed in the rejection of claim 1, the “heater” includes all the elements that, when assembled, form the heating assembly including the susceptor 136.
Regarding claim 12, FALLON discloses the aerosol-generating device of claim 1 as discussed above. FALLON further discloses the heater is separated from an inner wall of the housing. This is shown in Fig. 9. The heating assembly does not contact the inner walls of the housing 102.
Regarding claim 14, FALLON discloses the aerosol-generating device of claim 1 as discussed above. FALLON further discloses the housing includes a chamber (Fig. 2, heating chamber 101, ¶39) in which the one end of the aerosol-generating article inserted into the housing is positioned, and wherein the chamber provides for accommodating air to be supplied to the aerosol-generating article. FALLON discloses that the aerosol generating material is received in the chamber and that during use air is drawn into the device, flowing along the inlet conduit, prior to flowing into the heating chamber (¶39)
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.
Claims 5-7, 9, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over FALLON.
Regarding claim 5, FALLON discloses the aerosol-generating device of claim 1 as discussed above. FALLON further discloses the support includes an end support (Fig. 2, stop 105, ¶129) which contacts the one end of the aerosol-generating article This can be seen in Figs. 2 and 3a where the support 131 is in abutting contact with the aerosol generating article 110a. FALLON further discloses a heater support for supporting one end of the heater. This is shown in Fig. 2. The support 131 when assembled provides support and structure to at least the susceptor 136. As discussed in the rejection of claim 1, the “heater” includes all the elements that when assembled form the heating assembly.
FALLON teaches, in another embodiment (Fig. 7a), wherein the end support and the heater support of the support have different heights. FALLON teaches another embodiment (Fig. 7a) wherein the device has a stop at the distal end to prevent the distal end of the article 110 from moving beyond a limit position (¶129). FALLON teaches another portion of the end support that has an abutment 1315 that reliably positions the susceptor 136. As shown in Fig. 7a, these supports are at different heights. A person of ordinary skill in the art would obviously provide several heights on the support because doing so would reliably position the susceptor 136 and the aerosol generating article to prevent moving of the article beyond a limit position (¶129).
Regarding claim 6, FALLON discloses the aerosol-generating device of claim 1 as discussed above. FALLON does not disclose at least one support includes a plurality of supports which are arranged in a circumferential direction of the inner space, and air is supplied to the one end of the aerosol-generating article through an air supply passage between adjacent supports.
FALLON teaches another embodiment (Fig. 7a) wherein the device has a stop at the distal end to prevent the distal end of the article 110 from moving beyond a limit position (¶129). FALLON teaches that this stop may comprise an annular surface or instead could comprise an array of circumferentially spaced protrusions to result in the proper positioning (¶131). The spaces between the circumferentially spaced protrusions read upon the recitation of the instant application of an air supply passage. FALLON teaches that air is supplied to the device through the apertures 141 on each side of the distal end of the inlet conduit (Figs. 3a and 7a, ¶64).
A person of ordinary skill in the art would immediately recognize that the support may include a plurality of supports for the purpose of positioning the aerosol generating article. This is a rationale to apply a teaching supported by B. Simple Substitution of One Known Element for Another To Obtain Predictable Results (See MPEP 2143, I, B). A person of ordinary skill in the art would have freely substituted the from the options taught in FALLON to properly position the article and heater elements with predictable results.
Regarding claim 7, FALLON teaches the aerosol-generating device of claim 6. FALLON further discloses an insertion unit (Fig. 2, opening 104, ¶38) configured to receive the aerosol-generating article into the inner space, and support the aerosol-generating article accommodated in the inner space (¶132). FALLON discloses that the combination of the opening and the stop (located on the support) support and position the article within the device (¶132). The proximal end (¶156) of the insertion unit supports the aerosol generating article as can be seen in figure 2. FALLON further teaches that at the end that includes the opening there is an internal retention clip that abuts and holds the article when it is received into the device (¶176).
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[AltContent: arrow][AltContent: arrow]Regarding claim 9, FALLON teaches the aerosol-generating device of claim 6. FALLON further teaches the air supply passage and the inflow hole are aligned in a longitudinal direction of the inner space. As shown in fig. 7a, FALLON teaches apertures 141 on each side of the distal end to provide air to the device (¶64). In use the air flows into the conduit through the apertures and about the stop through the aerosol generating article. Further, where the stop 105 for the aerosol generating article includes the array of circumferentially spaced protrusions around the device, these are shown to be aligned with the apertures. This can be seen in the annotated drawing below where the stop portion 105 perimeter (and therefore the circumferentially spaced protrusions about the device) overlaps with the apertures in a longitudinal direction. A person of ordinary skill in the art would immediately recognize this airflow pathway as a rearrangement and alignment of parts. Courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C.
Regarding claim 13, FALLON discloses the aerosol-generating device of claim 12 as discussed above. FALLON further teaches another embodiment wherein the heater includes a flange bent outwards at one end, and wherein the at least one support includes a heater support configured to support the flange such that the heater is spaced apart from the inner wall of the housing.
FALLON teaches an embodiment shown in Fig. 6a (see annotated side-by-side Fig. below). This devices includes a susceptor 136 (i.e. heater) and an inlet conduit-defining component 1038a (¶112). FALLON teaches that the defining component (indicated by emboldened lines 1033a) (i.e. flange) is welded or brazed to the inlet defining component. FALLON teaches that the welding/brazing is on an exterior of the susceptor and the defining components so as to not impact the shape of the interior passageway (¶112).
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a flanged portion to connect the heater to the support. Doing so on the outside and connecting on the exterior would both provide a firm connection for support while avoiding impact on the shape of the interior passageway (¶112)..
Regarding claim 15, FALLON discloses the aerosol-generating device of claim 1 as discussed above. FALLON further discloses an induction coil (Fig. 8, coil 126, ¶54) arranged outside of the housing and configured to generate an induced magnetic field, wherein the heater includes a susceptor (Fig. 5a, susceptor 1039a, ¶85, ¶160) configured to generate heat in response to the induced magnetic field.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over FALLON as applied to claims 1-7, 9, and 12-15 above, and further in view of US 20140338686 A1 (hereinafter PLOJOUX).
Regarding claim 8, FALLON teaches the aerosol-generating device of claim 7. FALLON further discloses an inflow hole which allows external air to flow into the inner space (¶39). FALLON discloses that the inlet conduit is fluidly connected to the heating chamber and the exterior or the device (¶39, ¶64) FALLON discloses that during use, air is drawn into the device and flows along the inlet conduit (¶39). FALLON discloses that the device includes apertures 141 to fluidly connect the inlet conduit to the exterior of the device (Fig. 3a, ¶64). FALLON discloses that these apertures provide impedance so as to regulate the flow of air through the device (¶64).
FALLON does not disclose that the insertion unit comprises the inflow hole.
PLOJOUX teaches an aerosol generating system with an improved airflow (abstract). PLOJOUX teaches that the smoking article 102 is received in the cavity (¶65). PLOJOUX teaches that air is drawn into the device through air inlets 26 that are formed in the proximal face of the housing. The proximal end of the housing is considered to read upon the insertion unit.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified FALLON to provide that the insertion unit comprises the inflow hole as taught in PLOJOUX. A person of ordinary skill in the art would know that ambient air must be drawn into the device to pass through the chamber including the aerosol generating article to form a vapor for consumption. A person of ordinary skill in the art would consider pathways available for the air to enter the device and obviously locate the inflow hole on the insertion unit. Doing so would position the air inlets in a position that is unlikely to be inadvertently blocked by a user’s hand during use (PLOJOUX ¶68). Another advantage taught by PLOJOUX is that positioning the air inlet at the proximal end of the cavity extends the thermal contact between the airflow channel and the cavity and, even further, can contribute to cooling of the housing (PLOJOUX ¶23). This is a rationale to combine supported at least by (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (See MPEP 2143, I., D). A person of ordinary skill in the art would improve the device of FALLON with the teachings of PLOJOUX to improve the system realizing the benefits of avoiding inadvertent covering of the inlet, cooling of the housing, and increased thermal conduct between the airflow channel and the cavity.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over FALLON as applied to claims 1-7, 9, and 12-15 above, and further in view of US 20210282458 A1 (hereinafter AW).
Regarding claim 10, FALLON teaches the aerosol-generating device of claim 1. FALLON does not disclose wherein the at least one support is detachably coupled to a bottom surface or an inner wall of the housing.
AW teaches an aerosol generating device configured to reactive an aerosol-generating article with an extractor with a resilient coupling element to couple the extractor to the aerosol-generating device (abstract). AW teaches that the extractor 10 (i.e. support) receives an aerosol generating article (¶16). AW teaches that the that the extractor comprises a body to provide resilient coupling that is movable to releasably couple the extraction to the aerosol-generating device (¶4). AW teaches that this ability to attach and detach is advantageous because the device will have a longer life span (¶7).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified FALLON to provide wherein the at least one support is detachably coupled to a bottom surface or an inner wall of the housing as taught in AW. A person of ordinary skill in the art would obviously provide that the support is detachably coupled to the housing. Doing so would be advantageous because it would allow the device to have a longer life span (AW ¶7).
Regarding claim 11, modified FALLON teaches the aerosol-generating device of claim 10. FALLON does not disclose one of the bottom surface and the housing includes a protrusion, and the other of the bottom surface and the housing includes a groove connected to the protrusion.
AW teaches an aerosol generating device configured to reactive an aerosol-generating article with an extractor with a resilient coupling element to couple the extractor to the aerosol-generating device (abstract). AW teaches that the extractor has many portions including a protrusion 253 (Fig. 2, ¶114). The protrusion extends away from the body of the extractor and the protrusion is arranged to cooperatively engage with coupling apertures 55 (i.e. grooves) to form the resilient coupling (¶114).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified FALLON to provide one of the bottom surface and the housing includes a protrusion, and the other of the bottom surface and the housing includes a groove connected to the protrusion as taught in AW. A person of ordinary skill in the art would obviously provide a mechanism such as a protrusion on one element and a matching groove on another element to resiliently, and selectively attached portions of an aerosol generating device. Providing a support that is selectively attachable and detachable would be advantageous because it would allow the device to have a longer life span (AW ¶7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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