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 .
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.
Claims 1-4, 19, 31, 32, and 35-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (WO 2019/140574).
Claims 1 and 31. Liu discloses an aerosol generating device comprising an outer tube 10 (receptacle defining a heating zone configured to receive at least a portion of an article comprising aerosol generating material), a tobacco can 20 (article comprising aerosol generating material) and a filter 30 installed in the outer tube 10 ([43]; Figure 1). The tobacco can 20 contains tobacco material 100 which can be tobacco, tobacco sheets, tobacco particles or smoke paste. The tobacco can 20 includes a can body 21, a partition 22 disposed at one end of the can 21, a sealing layer 23 (seal arranged to seal between the article and the heating element) disposed at the other end of the can 21, and a cover 24 covering the end of the can 21 with the sealing layer 23. The can body 21, the partition 22, and the sealing layer 23 enclose an accommodating space for placing the tobacco material 100. The sealing layer 23 encloses the tobacco material 100 in the tobacco can 20, and the sealing layer 23 is a puncturable layer, that is, the sealing layer 23 is easily punctured by the heating assembly 40. Specifically, the sealing layer 23 may be a puncturable metal. Cover plate 24 is used for sealing the sealing layer 23 against the end of the can body 21 ([45]; Figure 1). The heating assembly 40 includes a base 42 (base from which the heating element protrudes) and a heating pad 43 (heating element protruding into the heating zone) mounted on the base 42. The base 42 is coupled to the outer tube 10. One end of the heating assembly 40 is inserted into the can body 21 through the puncture seal layer 23 to contact the tobacco material 100 of the can body 21. The heating assembly 40 is provided with an air inlet hole 41, and the air inlet hole 41 communicates with the heating assembly ([47]; Figure 1).
Claim 2. Liu discloses that the sealing layer 23 (seal arranged to seal between the article and the heating element) protrudes into the heating zone defined by outer tube 10 (Figure 1).
Claim 3. Liu discloses that the outer tube 10 (receptacle defining a heating zone configured to receive at least a portion of an article comprising aerosol generating material) defines an opening at a proximal end configured to receive the tobacco can 20 (article comprising aerosol generating material) and when the tobacco can 20 is inserted into the outer tube 10, the sealing layer 23 (seal arranged to seal between the article and the heating element) is at the distal end of the outer tube (Figure 1).
Claim 4. Liu discloses that the sealing layer 23 (seal arranged to seal between the article and the heating element) extends around the heating piece 43 of the heating assembly 40 (heating element) (Figure 1).
Claim 19. Liu discloses that the sealing layer 23 (seal arranged to seal between the article and the heating element) is a puncturable layer, that is, the sealing layer 23 is easily punctured by the heating assembly 40 (seal is configured to deform when at least a portion of an article is received in the heating zone). Specifically, the sealing layer 23 may be a puncturable metal, paper or carbon paper ([45]; Figure 1).
Claim 32. Liu discloses outer tube 10 (receptacle defining a heating zone configured to receive at least a portion of an article comprising aerosol generating material) which receives tobacco can 20 (article comprising aerosol generating material) ([43]; Figure 1).
Claim 35. Liu discloses that the heating pad 43 (heating element protruding into the heating zone) is exposed when no tobacco can 20 (article comprising aerosol generating material) is present in the device (Figure 1).
Claim 36. Liu discloses that when the tobacco can 20 (article comprising aerosol generating material) is inserted into the outer tube 10, the sealing layer 23 (seal arranged to seal between the article and the heating element) is at the base end of the heating assembly 40 (Figure 1).
Allowable Subject Matter
Claims 5, 7-9, 12-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 24-28 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Liu (WO 2019/140574). Liu discloses the device of claim 1 but does not disclose wherein the seal comprises at least one of a lip seal, an o-ring, a face seal, a chamfer, a collar, a shoulder, a gasket and a protrusion; wherein the seal is configured to seal with the article at a juncture of the heating element and the receptacle; wherein the heating element comprises at least a part of the seal; or wherein the receptacle comprises at least a part of the seal. Liu also does not disclose that the heating element itself comprises the seal and is configured to define at least part of an air path extending through the article which is isolated from at least part of a gap formed between the receptacle and the article.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747
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