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 .
Election/Restrictions
Applicant’s election of group I, species A, claims 1-4, 6-13, and 23-25 are in the reply filed on 5/13/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 18-19, 31-32 and 34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/13/2026.
Claim Rejections - 35 USC § 103
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 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, 6-13 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN 109393567, machine translation relied upon) in view of Qiu (US 2018/0310629).
Regarding claim 1, Yang discloses an electromagnetic induction heating device having an induction coil (figure 3, reference numeral 2) and a heating element disposed within the coil ([0037], figure 3, reference numeral 1). The heating element is located in the middle of an outer wall induction layer ([0042], figure 3, reference numeral 14), and a cigarette stick is placed in the outer wall ([0044], figure 3, reference numeral 3). The outer wall is therefore considered to define a receptacle. The heating element has side air passages forming apertures (figure 3, reference numeral 12), which are considered to meet the claim limitation of an air outlet, in the outer wall of the heating element, that connect to a main air passage within the heating element ([0037], figure 3, reference numeral 12), which is considered to meet the claim limitation of an air path. Yang does not explicitly disclose an airflow adjustment assembly.
Qiu teaches an air adjusting mechanism for an electronic cigarette (abstract) having an outer ring (figure 5, reference numeral 112) with a second air inlet (figure 5, reference numeral 115) and an inner ring inside the outer ring (figure 5, reference numeral 111) that has a first air inlet ([0014], figure 5, reference numeral 114). The inner ring is rotated via a motor connected to a control system so that first air inlet is moved into and out of alignment with the second air inlet to change the amount of air intake [0014]. Qiu additionally teaches that adjusting the air intake amount allows a user to make a more suited user experience [0050].
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an inner ring of Qiu inside the heating element of Yang. One would have been motivated to do so since Qiu teaches an air adjusting mechanism that allows a user to make a more suited user experience that has a moving inner ring and a fixed outer ring.
Regarding claim 2, blocking or unblocking the apertures in the outer wall of modified Yang would result in a change in area available for airflow.
Regarding claim 3, the apertures in the outer wall of the Yang are considered to meet the claim limitation of apertures. Qiu additionally teaches that the air intake mechanism is automatically adjusted based on user input [0050].
Regarding claim 4, the apertures of the outer wall of the heating element of Yang are considered to define a first air aperture, and the first air inlet of Qiu is considered to meet the claim limitation of a second air aperture.
Regarding claim 6, Yang discloses that the heating element has multiple side air passages ([0037], figure 3, reference numeral 12), and Qiu teaches that there is only a single first air inlet ([0014], figure 5, reference numeral 114), and that the inner ring can be moved until a stop is reached ([0018], figure 5, reference numeral 116). This would produce an alternating opening of the first and second apertures since the apertures of the heating element and the first air inlet of the inner ring would move into and out of alignment.
Regarding claim 7, Yang discloses that the heating element has multiple side air passages ([0037], figure 3, reference numeral 12), which is considered to meet the claim limitation of an array.
Regarding claim 8, Qiu teaches that the inner ring is rotated via a motor connected to a control system so that first air inlet is moved into and out of alignment with the second air inlet to change the amount of air intake [0016], which is considered to meet the claim limitation of selectively limiting.
Regarding claim 9, in the combination of modified Yang, the inner ring is located within the heating element, which is considered to meet the claim limitation of an internal barrier.
Regarding claim 10, Yang discloses that a main air passage is opened at the bottom of the heating element ([0037], figure 3, reference numeral 11), which is considered to meet the claim limitation of an air inlet. It is evident that the inner ring of modified Yang would be located inside and adjacent to the apertures forming the outlet of heating element, and that it would therefore be located between where air enters the heating element and where air exits the heating element.
Regarding claim 11, the area inside the inner ring is considered to meet the claim limitation of an air supply side since it is open to the main air passage, and the apertures forming the air outlet of the heating element are considered to meet the claim limitation of a closed side. It is evident that these two areas are fluidly isolated when the inner ring is moved to the closed position since Qiu teaches that the inner ring can be moved to a position where the air intake is zero [0016], which wouldn’t be possible without fluid isolation.
Regarding claim 12, Yang discloses that the heating element extends from a closed lower end, which is considered to meet the claim limitation of a distal end, towards and open end where the cigarette is inserted ([0022], figure 3), which is considered to meet the claim limitation of a proximal end.
Regarding claim 13, Yang discloses that the air main air passage is located at the lower end of the device (figure 3).
Regarding claim 23, Yang discloses that the outlet apertures of the heating element are distributed axially along the length of the heating element (figure 3).
Regarding claim 26, modified Yang teaches all the claim limitations as set forth above. Modified Yang does not explicitly teach some apertures of the heating element having a different area from other apertures.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make some of the apertures of the heating element of modified Yang have a different area from other apertures. A change in size is generally recognized as being within the level of one of ordinary skill in the art absent evidence that the change in size results in a difference in performance. See MPEP § 2144.04 IV A.
Regarding claim 25, Yang discloses that the heating element is placed in a changing magnetic field generated by an induction coil, resulting in heating of the heating element [0022]. One of ordinary skill in the art would recognize that Yang is teaching inductive heating of the heating element, which requires that the heating element be made from a suitable material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUSSELL E SPARKS whose telephone number is (571)270-1426. The examiner can normally be reached Monday-Friday, 9:00 am-5 pm.
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/RUSSELL E SPARKS/ Primary Examiner, Art Unit 1755
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