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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10 in the reply filed on May 29, 2026 is acknowledged.
Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 May 29, 2026.
Claim Objections
Claim 4 is objected to because of the following informalities: in line 2, contains the duplicated words “at at” and should be changed to read “at”. Appropriate correction is required.
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, 3-4, 6-7, and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Voerman (WO2022/167280, cited on 12/23/2024 IDS).
Regarding claim 1, Voerman discloses an aerosol generating device (aerosol generating device 10, Fig. 1, pg. 10 l. 8-10 ) comprising:
a cylindrical accommodation portion having an accommodation space configured to accommodate at least a portion of a cigarette in an inner space (heating chamber 18 defines an interior volume in the form of a cavity 20 having a substantially cylindrical cross-section for receiving an aerosol generating article 100, Fig. 1, pg. 10 l. 25-29);
a coil arranged outside the accommodation portion to generate an induced magnetic field (the electromagnetic field generator 46 comprises a substantially helical induction coil 48 that extends helically around the substantially cylindrical heating chamber 18, Fig. 1, pg. 13 l. 25-28);
a battery configured to supply power to the coil (a power source 22 supplying an alternating current to the induction coil 48, Fig. 1, pg. 15 l. 26-28);
a sensor connector including a metal material (second part 56, Fig. 1, pg. 7 l. 18-19 and pg. 14 l. 19-20), and arranged in the accommodation portion to contact the cigarette (see part 56, not labeled, contacting the smoking article 100 in Fig. 2);
a temperature sensor contacting the sensor connector (a temperature sensor 60 positioned in the cut-out portion 58 in direct contact with the second part 56, Fig. 1, pg. 15 l. 1-15, see also Fig. 6); and
two or more cigarette support elements configured to support an outer surface of the cigarette (the inwardly extending portions 42a extend into the heating chamber 18 by a sufficient distance to at least contact the outer surface of the aerosol generating article 100, Fig. 4, pg. 16 l. 18-21), and spaced apart from each other on an inner wall of the accommodation portion to form an air flow passage between the cigarette and the accommodation portion (there are air flow paths in the circumferential regions (four equally spaced gap regions) between the inwardly extending portions 42a, Fig. 4, pg. 16 l. 22-27). This anticipates claim 1.
Regarding claim 3, Voerman discloses the accommodation portion includes a connection hole formed at a location corresponding to the sensor connector (The sidewall 30 of the heating chamber 18 includes at least one cut-out portion 58 which corresponds to the location of the second part 56 of at least one of the inductively heatable susceptors 42. The cut-out portion 58 extends fully through the side wall 30 (anticipates a hole) to expose at least a portion of the second part 56 so that it can be accessed from the outer surface 38 of the side wall 30., Fig. 3, pg. 14 l. 26-30), and one end of the temperature sensor is in contact with sensor connector through the connection hole (The temperature sensor 60 is positioned in the cut-out portion 58 in direct contact with the second part 56 of the inductively heatable susceptor 42, Fig. 3, pg. 15 l. 3-5). This anticipates claim 3.
Regarding claim 4, Voerman discloses the sensor connector is located at least one of the upper end portion of the cigarette support element in a longitudinal direction (A second end 16 of the aerosol generating device 10, shown towards the top of Figures 1 and 2, is described as a proximal, to or upper end of the aerosol generating device 10 (emphasis added), Fig. 3, pg. 10 l. 18-20; the inductively heatable susceptors are elongate in the longitudinal direction (emphasis added) of the heating chamber 18, pg. 13 l. 1-2; therefore the sensor part 56 is shown at the second end (anticipates an upper end portion) as best shown in Fig. 1),
and one end of the temperature sensor is in contact with sensor connector, inside the accommodation portion (see rejection of claim 3) and another end of the temperature sensor is located outside the accommodation portion (see Fig. 1 Partial view below). This anticipates claim 4.
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Regarding claim 6, Voerman discloses the coil is wound around a central axis extending in a direction crossing a longitudinal direction of the accommodation portion (heating chamber 18 has a longitudinal axis defining a longitudinal direction, annotated Fig. 5, pg. 10 l. 29-30), and is arranged to surround a portion of an outer circumferential surface of the accommodation portion (see Fig. 5).
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Regarding claim 7, Voerman discloses the accommodation portion further includes a coil support portion in one region of the outer circumferential surface, and the coil is wound around the coil support portion (The sidewall 30 of the heating chamber 18 includes a coil support structure formed on the outer surface 38. In the illustrated example, the coil support structure 50 comprises a coil support groove 52 which extends helically around the outer surface 38. The induction coil 48 is positioned in the coil support groove 52 and is, thus, securely and optimally positioned with respect to the inductively heatable susceptors 42, Fig. 5, pg. 14 l. 1-7). This anticipates claim 7.
Regarding claim 9, Voerman discloses a susceptor configured to generate heat due to a magnetic field generated by the coil, and arranged to surround at least a portion of the cigarette to heat the cigarette (during operation of the aerosol generating device 10, the first part 54 of each inductively heatable susceptor 42 is positioned in the electromagnetic field generated by the induction coil 48 and is thereby inductively heated by the electromagnetic field, pg. 14 l. 12-15), and arranged to surround at least a portion of the cigarette to heat the cigarette (heating chamber 18, and specifically the cavity 20, is arranged to receive a rod-shaped aerosol generating article 100 (anticipates a cigarette). The article 100 comprises a pre-packaged aerosol generating substrate 102, Fig. 1, pg. 11 l. 15-19. The heat generated in the first part 54 of the susceptors 42 is transferred to the aerosol generating substrate 102, pg. 16, l. 33 - pg. 17 l. 4) This anticipates claim 9.
Regarding claim 10, Voerman discloses the susceptor is arranged adjacent to an inner circumferential surface of the accommodation portion (sidewall 30 of the heating chamber 18 has an inner surface 38; a plurality of susceptor mounts 40 are formed in the inner surface 36 and are circumferentially spaced around the inner surface 36. A plurality of inductively heatable susceptors 42 are mounted on the susceptor mounts 40; Fig. 4, pg. 12 l. 26-30). This anticipates claim 10.
Claim 10 is a product by process claim. Product by process claims are evaluated to determine what structure is imparted by the process onto the resulting product. In the instant case, the claimed insert molding process results in inserting a susceptor into the accommodation portion in a manufacturing process which results in joining the susceptor integrally with the accommodation portion. There is no evidence the claimed insert molding process imparts any additional structure on the resulting accommodation portion that is not already present or substantially similar to that of Voerman as discussed above.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Voerman (WO2022/167280, cited on 12/23/2024 IDS) as applied to claim 1 above in view of Courbat et al. (US 2021/0244103, cited on 12/2/2023 IDS).
Regarding claim 2, Voerman discloses all the limitations as set forth above. Voerman additionally discloses wherein the sensor connector is integrally formed with the accommodation portion (each inductively heatable susceptor 42 has a first part 54 and a second part 56 (i.e., Voerman’s sensor connector) and that each inductively heatable susceptor 42 is continuous component, Fig. 3, pg. 14 l. 9-12, 19-20. Voerman further discloses a plurality of susceptor mounts 40 are formed in the inner surface 36 (reads over integrally formed) and are circumferentially spaced around the inner surface 36. A plurality of inductively heatable susceptors 42 are mounted on the susceptor mounts 40; Fig. 4, pg. 12 l. 26-30). Therefore, as the inductively heatable susceptors 42 are a continuous element comprising the first and second parts 54, 56; the individually heatable susceptors 42 are mounted on the susceptor mounts 40 which are formed in the inner surface 36 (of the heating chamber 18), one of ordinary skill is reasonably suggested the second part 56 is integrally formed with the heating chamber 18 (the accommodation portion of Voerman).
However, Voerman does not explicitly disclose or reasonably suggest one end of the temperature sensor is welded to the sensor connector.
Courbat, in the field of inductively heating an aerosol-forming substrate, teaches a method for measuring a temperature of a susceptor of an inductively heating arrangement configured to heat an aerosol-forming substrate, the inductive heating arrangement including: a cavity to receive the substrate, at least one inductor coil configured to generate a varying magnetic field when a varying electric current flows through the at least one inductor coil, at least one susceptor arranged relative to the at least one inductor coil such that the at least one susceptor is heatable by penetration of the varying magnetic field, and at least one temperature sensor in thermal contact with the at least one susceptor (abstract). Courbat further teaches the at least one temperature sensor may be a thermocouple comprising a first thermocouple wire and a second thermocouple wire wherein the first thermocouple wire and the second thermocouple wire are joined, thus forming a joint that is in thermal contact with the at least one susceptor ([0043]). In an embodiment, the joint is in thermal contact with the at least one susceptor by means of a welding joint (reads over the temperature sensor is welded to the sensor connector) ([0045]; see also Fig. 5, [0137]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have practiced the invention of Voerman wherein the joining by direct contact of the temperature sensor 60 to the second part 56 of Voerman is through a means of welding joint as taught by Courbat since use of a known technique (e.g., use of a welded joint to attach a temperature sensor to a susceptor element) to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, C.).
Allowable Subject Matter
Claims 5 and 8 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, the prior art does not teach or reasonably suggest the combined structure wherein the accommodation portion includes an accommodation groove, and the sensor connector includes a base configured to couple to the accommodation groove, and a protrusion protruding from the base to connect with the cigarette element. Considering the above prior art, it is unclear how one of ordinary skill in the art would arrive at the claimed structure without hindsight.
Regarding claim 8, the prior art does not teach or reasonably suggest the combined structure wherein the coil is wound around each of a plurality of central axes spaced apart from each other, and the sensor connector is arranged spaced apart from the coil, between the plurality of central axes. Considering the above prior art, it is unclear how one of ordinary skill in the art would arrive at the claimed structure without hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE KIRBY JORDAN whose telephone number is 571-272-5214. The examiner can normally be reached M-F 8AM - 4PM (EST).
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/RONNIE KIRBY JORDAN/Examiner, Art Unit 1747
/Christopher M Rodd/Primary Examiner, Art Unit 1766
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