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
This office action is in response to Applicants amendments filed 06/22/2026.
Claims 1 and 3-15 are pending and are subject to this Office Action.
Claim 1 is amended.
Claim 2 is cancelled.
Response to Arguments
Applicant’s arguments, see pages 6-9, filed 06/22/2026, with respect to the 102 rejection of claim 1 have been fully considered and are persuasive.
Claim 1 has been amended to include the subject matter of previously presented claim 2 and to newly recite that the first support portion includes a plurality of support bodies such that the inlet passage is formed in a space between the first support portion and the aerosol generating article and additional structural limitations. Prior art of record Counts does not teach an arrangement of a plurality of support bodies that form the inlet passage as claimed. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Reevell (WO 2020074595 A1).
On pages 7-8, regarding argument 2, the Applicant further argues that Counts does not appropriately teach "an inner passage is formed between the inner cylinder and the heater".
The Examiner disagrees.
Claim 1 has been amended to recite the subject matter of previously presented claim 2. In the previous rejection, Counts was found to teach all elements of claim 2, and thus still teaches these limitations as included in amended claim 1. Specifically, Counts teaches that the inner passage 410 is located between the inner cylinder 310 and the heater 120 (col. 16, lines 45-47; Fig. 6).
On page 8, regarding argument 3, the Applicant argues that Counts does not teach "the transfer passage is formed in a space between the second support portion and the aerosol generating article…and [the aerosol generating article] comes into contact with an inner surface of the second support" as amended.
The Examiner disagrees.
Counts teaches a second support portion (terminal base piece 380 and terminal ring 382; col. 15, lines 3-5) arranged inside the accommodation space to support an end of the aerosol generating article, the second support portion including a transfer passage (bypass channel 390; col. 14, lines 25-28) through which air in the accommodation space flows into the aerosol generating article (Fig. 10; col. 16, lines 44-47). Counts further teaches that the transfer passage is formed in a space between the second support portion and the aerosol generating article (Fig. 10) when the aerosol generating article is mounted on the aerosol generating device and comes into contact with an inner surface of the second support (col. 14, lines 32-33).
On pages 8-9, regarding argument 4, the Applicant argues that the claimed invention displays a technical advantage over the prior art inventions in that the arrangement allows for the device to be compact.
The Examiner reaffirms that Counts teaches all claimed components and would thus be expected to perform in the same manner as the claimed invention. Mere recognition of latent properties, such as perceived compactness, in the prior art does not render nonobvious an otherwise known invention.
The following is a modified rejection based on Applicant’s amendments to the claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4, 6-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Counts et al. (US 5954979 A) in view of Reevell (WO 2020074595 A1).
Regarding claim 1, Counts teaches an aerosol generating device (reusable lighter 25; Figs. 1-2; col. 4, line 6) comprising:
an inner cylinder (case sleeve 310; Figs. 6, 10; col. 11, lines 50-51) including an accommodation space (cigarette receiver 27; col. 4, lines 6-7; col. 11, line 56) for accommodating an aerosol generating article (cigarette 23; col. 4, line 5);
a first support portion (cap piece 321; col. 11, line 54-56) arranged at an entrance of the accommodation space to support the aerosol generating article accommodated in the accommodation space (Fig. 10), and an inlet passage (annular recess 322; col. 11, lines 56-65), arranged adjacent to the first support portion (Fig. 10), through which external air is introduced into the accommodating space;
a second support portion (terminal base piece 380 and terminal ring 382; col. 15, lines 3-5) arranged inside the accommodation space to support an end of the aerosol generating article, the second support portion including a transfer passage (bypass channel 390; col. 14, lines 25-28) through which air in the accommodation space flows into the aerosol generating article (Fig. 10; col. 16, lines 44-47);
and a heater (heater elements 120/heater fixture 39 comprising heating elements 37; col. 6, lines 8-14; col. 6, lines 59-60) arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article (col. 7, lines 9-11),
wherein an inner passage (outer annular passage 410; col. 14, lines 52-54) is formed between the inner cylinder and the heater such that air introduced into the accommodation space through the inlet passage of the first support portion flows to the second support portion (col. 16, lines 45-47),
wherein the transfer passage is formed in a space between the second support portion and the aerosol generating article (Fig. 10) when the aerosol generating article is mounted on the aerosol generating device and comes into contact with an inner surface of the second support (col. 14, lines 32-33),
wherein the external air is introduced into the end of the aerosol generating article accommodated in the accommodation space after passing through the inlet passage, the inner passage and the transfer passage, mixed with vaporized particles generated from the aerosol generating article being heated, and inhaled by the user (col. 15, line 65- col. 16, line 16; Fig. 10).
Counts does not teach that the first support portion includes a plurality of support bodies arranged in a circumferential direction of the accommodation space wherein the inlet passage is formed in a space between the first support portion and the aerosol generating article when the aerosol generating article is mounted on the aerosol generating device and comes into contact with the support bodies.
Reevell, directed to an aerosol generating device (aerosol generating device 100; Fig. 2; page 5, line 4) comprising an inner cylinder (thermally insulating layer 146; page 28, line 6) including an accommodation space (heating chamber 108; page 6, line 1) for accommodating an aerosol generating article (substrate carrier 114; page 11, line 22) and a heater (heater 124; page 21, line 15) arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article, teaches a first support portion (side wall 126; page 6, lines 15-16) arranged at an entrance of the accommodation space (Fig. 2), including a plurality of support bodies (protrusions 140; Fig. 2a; page 1, line 34-page 11, line 5) arranged in a circumferential direction of the accommodation space such that an inlet passage (air flow paths B; Fig. 6; page 12, line 28) is arranged between the plurality of support bodies and such that the inlet passage is formed in a space between the first support portion and the aerosol generating article (Fig. 6a; page 12, line 37-page 13, line 2) when the aerosol generating article is mounted on the aerosol generating device and comes into contact with the support bodies.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by using the first portion comprising a plurality of support bodies such that the inlet passage is formed in a space between the first support and the aerosol generating article as taught by Reevell because both Counts and Reevell are directed to aerosol generating systems comprising first portions defining air inlet passages, Reevell teaches that it is a known configuration to use a support portion having a plurality of support bodies to structure an air inlet, and this involves substituting a known inlet configuration for another to yield predictable results.
Regarding claim 4, Counts teaches a coupling portion (case cap 320; col. 11, line 52) coupled to the first support portion, wherein the coupling portion includes a first air hole (drawing port 324; col. 11, lines 63-65) through which air passing through the inlet passage of the first support portion is introduced into the accommodation space.
Regarding claim 6, Counts teaches an upper ring (sealing rings 330, 340; col. 11, lines 58-63) coupled to the coupling portion, wherein the upper ring includes a second air hole (elongate ports 352; col. 12, lines 7-25) through which air moving through the first air hole of the coupling portion is introduced into the accommodation space, and one end of the heater is configured to be inserted into the upper ring such that the upper ring supports the heater (col. 14, lines 45-47).
Regarding claim 7, Counts teaches that the first support portion 321, the coupling portion 320, the upper ring 330/340, the heater 120, and the second support portion 380 are configured to be connected to each other in a longitudinal direction in which the aerosol generating article 23 is inserted (see Figs. 6, 10), and the first air hole 324, the second air hole 352, and the transfer passage 390 are configured to be connected to each other in the longitudinal direction such that air introduced through the inlet passage 322 flows in the longitudinal direction (see Fig. 6).
Regarding claim 8, Counts does not explicitly teach an outer cylinder separated from the inner cylinder.
Reevell directed to an aerosol generating device (aerosol generating device 100; Fig. 2; page 5, line 4) comprising an inner cylinder (thermally insulating layer 146; page 28, line 6) including an accommodation space (heating chamber 108; page 6, line 1) for accommodating an aerosol generating article (substrate carrier 114; page 11, line 22) and a heater (heater 124; page 21, line 15) arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article, teaches an outer cylinder (insulating member 152 comprising double walled tube 154 with cavity 158 and base 156; page 6, lines 20-26) for additional insulation. Reevell further teaches a through-hole through which one or more wires (electrical connections 150) pass (Fig. 8; page 6, lines 30-31).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by adding the outer cylinder separated from the inner cylinder and comprising a through-hole through which one or more wires or magnetic field generators pass as taught by Reevell because both Counts and Reevell are directed to aerosol generating devices comprising inner cylinders and heaters, Reevell teaches that an outer cylinder would better insulate the inner portion, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 9, Reevell teaches that the outer cylinder includes an inner wall facing the inner cylinder, an outer wall separated from the inner wall toward an outside of the outer cylinder, and a heat insulation space (cavity 158) formed between the inner wall and the outer wall (double walled tube 154 with cavity 158; Fig. 2; page 6, lines 20-26).
Regarding claim 10, Counts teaches that the inner cylinder 310 is configured to be inserted into a part of the coupling portion 320 to be supported by the coupling portion (Fig. 6), and the inner cylinder further includes one or more support bases 300 to be supported by the outer cylinder in a longitudinal direction in which the aerosol generating article is inserted (Fig. 6, Fig. 10).
Counts does not explicitly teach that the support base is in contact with an inner lower end of the outer cylinder.
However, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by extending the support base to contact the inner lower end of the outer cylinder as one having ordinary skill would recognize that upon adding the outer cylinder, it must contact some portion of the existing device (that is not the inner cylinder) in order to maintain spacing and secure configuration within the device. If two elements were not in contact, they would not be retained in place relative to one another. This would merely comprise combining prior art elements, namely the device of Counts and the outer cylinder of Reevell, according to known methods to yield predictable results.
Regarding claim 11, Reevell teaches a sealing portion (base 156) arranged on an outer lower end of the outer cylinder to prevent liquid from leaking (page 6, lines 29-31 describe that base 156 is a sealing, insulating material, which would be expected to be leak-proof), wherein the sealing portion includes a wiring passage through which one or more wires or magnetic field generators pass (Fig. 8; page 6, lines 30-31).
Regarding claim 12, Counts does not explicitly teach a temperature sensing wire.
Reevell teaches using a temperature sensing wire (temperature sensor 170; page 23, lines 27-30) connected to the heater to better monitor and control the heater (page 24, lines 33-37). Reevell teaches that this temperature sensing wire may be extended through a space between the inner cylinder and the outer cylinder and through the through-hole of the outer cylinder in order to connect to a control circuitry (Reevell uses electrical connection tracks 150 to connect to other components such as the sensor (page 22, lines 8-9). It would reasonably be inferred that the temperature sensing wire is connected in the same manner. Reevell further depicts in that the wire 150 extends through a space between the inner and the outer cylinders and through the through-hole of the outer cylinder (Fig. 2)).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by adding the temperature sensing wire connected to the heater and extending through a space between the inner cylinder and the outer cylinder and through the through-hole of the outer cylinder as taught by Reevell because both Counts and Reevell are directed to aerosol generating devices comprising heaters and inner cylinders, Reevell teaches that the addition of a temperature sensing wire may enable better monitoring and control of the heater, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 15, Counts teaches that a thickness of at least a part of the inner cylinder decreases to obtain a sufficient flow amount of air to be accommodated in the accommodation space (see Annotated Fig. 1).
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Annotated Figure 1 (annotated from Counts Fig. 10)
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Counts and Reevell as applied to claims 1 and 4 above, and further in view of Felter et al. (US 20040089314 A1).
Regarding claim 3, Counts teaches a puff sensor (puff-actuated sensor 45; col. 4, line 66- col. 5, line 3).
Counts does not explicitly teach that the puff sensor is adjacent to the first support portion, wherein the first support portion further includes a puff sensing hole connected to the puff sensor.
Felter, directed to an aerosol generating device (electrically heated cigarette smoking device 200; [0029]) comprising: an inner cylinder (see Annotated Fig. 2) for accommodating an aerosol generating article (cigarette 15; [0038]); a first support portion (see Annotated Fig. 2) including an inlet passage; a second support portion (see Annotated Fig. 2); and a heater (heater elements 130; [0039)] arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article, teaches that the first support portion may further comprise an element (manifold arrangement 140; [0038]) with a puff sensing hole connected to the puff sensor (passageway 131 and puff sensing chamber 132; Fig. 8; [0038-0039]).
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Annotated Figure 2 (annotated from Felter Fig. 8).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by rearranging the puff sensor to be adjacent to the first portion such that the first portion comprises a puff sensing hole as taught by Felter because both Counts and Felter are directed to aerosol generating devices comprising puff sensors, Felter teaches that placing the puff sensor adjacent to the first support portion is known in the art, and this involves substituting one alternative configuration of sensor placement for another to yield predictable results.
Regarding claim 5, Counts teaches a puff sensor (puff-actuated sensor 45; col. 4, line 66- col. 5, line 3).
Counts does not explicitly teach (I) that the puff sensor is adjacent to the first support portion, wherein the first support portion further includes a puff sensing hole connected to the puff sensor or (II) that the sensing passage connecting the inlet passage to the puff sensor is formed by the coupling portion and the first support portion.
Regarding (I), Felter, directed to an aerosol generating device (electrically heated cigarette smoking device 200; [0029]) comprising: an inner cylinder (see Annotated Fig. 2) for accommodating an aerosol generating article (cigarette 15; [0038]); a first support portion (see Annotated Fig. 2) including an inlet passage; a second support portion (see Annotated Fig. 2); and a heater (heater elements 130; [0039)] arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article, teaches that the first support portion may further comprise an element (manifold arrangement 140; [0038]) with a puff sensing hole connected to the puff sensor (passageway 131 and puff sensing chamber 132; Fig. 8; [0038-0039]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by rearranging the puff sensor to be adjacent to the first portion such that the first portion comprises a puff sensing hole as taught by Felter because both Counts and Felter are directed to aerosol generating devices comprising puff sensors, Felter teaches that placing the puff sensor adjacent to the first support portion is known in the art, and this involves substituting one alternative configuration of sensor placement for another to yield predictable results.
Regarding (II), Felter teaches that the puff sensor is connected to the airflow via holes 17 in the surface of the aerosol generating article to sense a pressure change ([0008]).
Counts teaches that a pressure change puff sensor may alternatively be a sensor sensitive to air flow upon initiation of a draw on the cigarette (col. 4, line 66-col. 5, line 3).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the puff sensor of modified Counts by using an airflow sensor as taught by Counts, such as by forming the sensing passage by the coupling portion and the first support portion because Counts teaches that an airflow sensor is an alternative for a pressure change puff sensor, one having ordinary skill in the art would recognize that an air flow sensitive puff sensor would instead require connection to the inlet passage, rather than to a point of pressure change, and this involves substituting one alternative puff sensor configuration device for another to yield predictable results.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Counts and Reevell as applied to claim 1 above, and further in view of Thorsen (WO 2020182741 A1).
Regarding claim 13, Counts does not teach a magnetic field generator coupled to the inner cylinder and configured to generate an induction magnetic field toward the heater, wherein the heater includes a susceptor configured to generate heat in response to the induction magnetic field.
Thorsen, directed to an aerosol generating device (aerosol provision device 100; Fig. 1; page 11, line 4) comprising an inner cylinder (insulating member 128; Figs. 5A-B; ) including an accommodation space for accommodating an aerosol generating article (article 110; page 16, line 31- page 17, line 2) and a heater (susceptor arrangement 132; page 17, lines 9-10) arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article, teaches that the heater may be a susceptor and the inner cylinder 128 may be surrounded by a magnetic field generator (inductive coil 124, 224; page 14, lines 10-11; page 19, lines 1-2) configured to generate an induction magnetic field toward the heater such that the heater generates heat in response to induction.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by making the heater operate via magnetic induction heating by adding a magnetic field generator as taught by Thorsen, because both Counts and Thorsen are directed to aerosol generating devices comprising inner cylinders and heaters, Thorsen teaches an alternative heating configuration for devices of this type, and this involves substituting one alternative heating method/configuration for another to yield predictable results.
Regarding claim 14, Counts does not explicitly teach a groove formed in an outside surface of the inner cylinder, wherein the magnetic field generator is mounted in the groove in the inner cylinder.
However, Counts does teach a configuration in which a groove is formed on a surface of the inner cylinder for securing an element to the inner cylinder (see Annotated Fig. 3, “groove portion”, in which heat reflector 412 is mounted).
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Annotated Figure 3 (annotated from Counts Fig. 10).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by forming a groove in an outside surface of the inner cylinder in which to mount the magnetic field generator as Counts teaches that this is a known technique for mounting an element to the inner tube, one having ordinary skill in the art would recognize that a similar groove would help mount and retain the magnetic field generator, and this involves applying a known teaching to a different portion of the same device to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.D./ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
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