DETAILED ACTION
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Egoyants (WO 2013/034456 A1).
Claim 1: Egoyants teaches an aerosol generating device configured to generate an aerosol for inhalation by a user, comprising:
●a cavity 4 in which an aerosol forming substance 5 can be received
●a heater 3 configured to heat the aerosol forming substance 5 received in
the cavity 4 (pg5 Lns19-32)
●a vacuum insulator 18 (pg20 Ln18) provided around the heater 3 (Fig1 Fig2 Fig3),
wherein an external surface of the vacuum insulator 18 may be an outer surface of the aerosol generating device (pg20 Lns18-20; pg21 Lns9-12; pg6 Lns11-14) that can be held by the user, in use (pg7 Lns4-6) (Fig1 annotated below):
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Claim 2: Egoyants teaches the aerosol generating device of claim 1, further comprising an outer casing 7 that partially encloses the vacuum insulator 18 (pg20 Lns7-9).
Claim 3: Egoyants teaches the aerosol generating device of claim 1, wherein the external surface of the vacuum insulator 18 is the outer surface of the aerosol generating device around a substantially full circumference of the aerosol generating device – in that the vacuum insulator 18 is about the full circumference of the aerosol generating device which encompasses “substantially” in claim 3 (Fig3 Fig5 as examples; pg4 Lns4-6 Lns10-12).
Claim 4: Egoyants teaches the aerosol generating device of claim 1, wherein the external surface of the vacuum insulator 18 is the outer surface of the aerosol generating device along a substantially full length of the aerosol generating device – in that the vacuum insulator 18 is along the full length of the aerosol generating device which encompasses “substantially” in claim 4 (Fig1 annotated above).
Claim 5: Egoyants teaches the aerosol generating device of claims 1, wherein the vacuum insulator 18 comprises metal (pg20 Lns18-20).
Claim 6: Egoyants teaches the aerosol generating device of claim 1, configured to receive a consumable comprising tobacco within the cavity 4 (pg5 Lns19-22).
Claim 7: Egoyants teaches the aerosol generating device of claim 1, wherein the vacuum insulator 18 has an annular cylindrical shape (Fig3 – for example).
Response Section
The amendments and comments filed 6-1-26 has been entered and fully considered.
With respect claim 1 and the limitation of “a vacuum insulator provided around the heater, wherein an external surface of the vacuum insulator is an outer surface of the aerosol generating device that can be held by the user, in use”: Egoyants teaches that the aerosol generating device can be held by the user, in use (pg5 Ln28 to pg5 Ln6). Egoyants teaches that the vacuum insulator 18 is part of an external surface having an outer surface of the aerosol generating device in that the external surface (of the aerosol generating device) having the outer surface comprises at least the combination of housing 7 plus vacuum insulator 18. Claim 1 does not require direct contact between the vacuum insulator and the user, in use. Also, claim 1 does not restrict the presence of other layers being part of the external surface having the outer surface – given the use of “comprising”.
Conclusion
THIS ACTION IS MADE FINAL. 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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/LINDA L GRAY/Primary Examiner, Art Unit 1745
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