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
Claims 32-36 and 38-41 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/28/2026.
Applicant’s election without traverse of 1-8 and 10-11 in the reply filed on 04/28/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-8 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by machine translation of Park et al. (WO 2019/199074 A1) (“Park”).
Regarding claim 1, Park teaches an aerosol generating device (aerosol generating device 300) for generating an aerosol from aerosol-generating material (aerosol generating substrate 10 of aerosol generating article 100) (¶ [0041]; Fig. 5), comprising:
a heating zone (heater groove 74) for receiving at least a portion of an article containing aerosol-generating material (projecting portion 42 of heat transfer member 40 of aerosol generating article 100, wherein article 100 includes aerosol generating substrate 10) (¶ [0052]; Fig. 5);
a heating arrangement (aerosol generating means 200 including heater member 70) comprising: (¶ [0042]; Fig. 5)
a heating element (heater member 70) arranged to heat the heating zone (heater groove 74 of heater member 70) (¶ [0042]; Fig. 5); and
a threaded arrangement (screw thread 76) in the heating zone (heater groove 74) configured to threadingly engage with the article (screw thread 48 on projecting portion 42 of heat transfer member 40 of aerosol generating article 100) (¶ [0052]; Fig. 5).
Regarding claim 2, Park teaches the aerosol generating device of claim 1, as set forth above, wherein the threaded arrangement (screw thread 76 formed in heater groove 74 of heater member 70) comprises an internal thread (screw thread 76 on the inner surface of heater groove 74) arranged to threadingly engage with an outer side of the article (screw thread 48 on the outer surface of projecting portion 42 of heat transfer member 40 of aerosol generating article 100) (¶ [0052]; Fig. 5).
Regarding claim 3, Park teaches the aerosol generating device of claim 1, as set forth above, wherein the threaded arrangement (screw thread 76 of heater member 70) comprises an external thread (screw thread 76 on heater protrusion 72) arranged to threadingly engage in the article (groove 44 of heat transfer member 40 of aerosol generating article 100) (¶ [0052]; Fig. 3).
Regarding claim 4, Park teaches the aerosol generating device of claim 1, as set forth above, wherein the heating element (heater member 70) comprises the threaded arrangement (screw thread 76 formed in heater groove 74 of heater member 70) (¶ [0052]; Fig. 5).
Regarding claim 5, Park teaches the aerosol generating device of claim 4, as set forth above, wherein the heating element (heater member 70) defines the heating zone (heater groove 74 formed in heater member 70 and receiving projecting portion 42 of heat transfer member 40 of aerosol generating article 100) (¶ [0045]; Fig. 5).
Regarding claim 6, Park teaches the aerosol generating device of claim 4, as set forth above, wherein the heating element (heater member 70) at least partially encircles the heating zone (heater groove 74 formed in heater member 70 and receiving projecting portion 42 of heat transfer member 40 of aerosol generating article 100) (¶ [0052]; Fig. 5).
Regarding claim 7, Park teaches the aerosol generating device of claim 6, as set forth above, wherein the heating element (heater member 70) forms at least part of a receptacle (heater groove 74 formed in heater member 70) defining the heating zone (heater groove 74 receiving projecting portion 42 of heat transfer member 40 of aerosol generating article 100) (¶ [0045]; Fig. 5).
Regarding claim 8, Park teaches the aerosol generating device of claim 7, as set forth above, wherein the heating element comprises a tubular member (the annular portion of heater member 70 defining and surrounding heater groove 74), and the threaded arrangement comprises a thread on an inner side of the tubular member (screw thread 76 formed along the inward-facing surface of heater groove 74 and screw-connected with screw thread 48 on projecting portion 42 of heat transfer member 40 of aerosol generating article 100) (¶ [0052]; Fig. 5).
As shown in Figure 5, heater member 70 has an annular wall extending around a central hollow receiving space, namely heater groove 74, into which projecting portion 42 of article 100 is received. This annular, hollow configuration is tubular because it defines an interior passage/recess bounded by an inward-facing circumferential surface. Thread 76 is provided on that inward-facing circumferential surface of the tubular portion of heater member 70. Thus, Park’s heater member 70 comprises the claimed tubular member having a thread on its inner side.
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.
Claim(s) 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (WO 2019/199074 A1) (“Park”).
Regarding claim 10, Park teaches the aerosol generating device of claim 4, as set forth above, wherein the heating element (heater member 70) comprises the threaded arrangement (screw thread 76) (¶ [0052]; Fig. 5).
Park does not expressly teach, in the Fig. 5 embodiment, wherein the heating element protrudes in the heating zone.
However, Park teaches another corresponding heater/article contact structure in which the heating element (heater member 70 including heater protrusion 72) protrudes in the heating zone (aerosol generating article receiving groove 60), with heater protrusion 72 extending into groove 44 of heat transfer member 40 of aerosol generating article 100 (¶ [0045]; Fig. 3).
Park further teaches that the contact structure between the protrusion 42 or groove 44 of heat transfer member 40 and the corresponding heater member 70 may include screw threads 48, 76 forming a screw connection (¶ [0052]; Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Park’s Fig. 3 heater protrusion 72 with Park’s screw thread 76, as expressly taught for the corresponding contact structure between heat transfer member 40 and heater member 70, to provide a screw connection between heater member 70 and heat transfer member 40.
Regarding claim 11, Park teaches the aerosol generating device of claim 10, as set forth above, wherein the threaded arrangement comprises a shaft (heater protrusion 72 extending from heater member 70 into groove 44 of heat transfer member 40 of aerosol generating article 100) and a thread on the shaft (screw thread 76 provided on heater protrusion 72 for screw connection with screw thread 48 in groove 44) (¶ [0052]; Fig. 3).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over machine translation of Park et al. (WO 2019/199074 A1) (“Park”) as applied to claim 1 above, and further in view of translation of Guo (CN 110870588 A) (“Guo”).
Regarding claim 17, Park teaches the aerosol generating device of claim 1, as set forth above, including a threaded arrangement (screw thread 76 of heater member 70) in the heating zone (heater groove 74) configured to threadingly engage with the article (screw thread 48 on projecting portion 42 of heat transfer member 40 of aerosol generating article 100) (¶ [0052]; Fig. 5).
Park does not teach an actuating mechanism configured to rotate the threaded arrangement in the heating zone.
However, Guo teaches an actuating mechanism (driving mechanism 3) configured to rotate a heating element (heating element 2) in a heating zone (receiving cavity 1) relative to a received aerosol-generating article (cigarette 4). Specifically, Guo teaches that heating element 2 is disposed in receiving cavity 1 and penetrates cigarette 4, and that driving mechanism 3 acts on heating element 2 to drive heating element 2 to rotate relative to cigarette 4 in receiving cavity 1 (¶ [0045]; Fig. 1).
Park and Guo are in the same field of endeavor. Park teaches an aerosol generating device (aerosol generating device 300) that heats an aerosol generating article (aerosol generating article 100 containing aerosol generating substrate 10) to generate aerosol for a user (¶ [0041]; Fig. 5). Guo teaches a low-temperature smoking device (device comprising receiving cavity 1, heating element 2, and driving mechanism 3) that heats smoking material in a cigarette (cigarette 4) to generate smoke for a user (¶ [0045]; Fig. 1). Thus, both references are directed to electrically heated aerosol/smoke-generating devices that receive and heat an aerosol-generating consumable article.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park’s aerosol generating device to include Guo’s actuating mechanism (driving mechanism 3) coupled to Park’s heating element (heater member 70), such that driving mechanism 3 rotates the threaded arrangement (screw thread 76 of heater member 70) in the heating zone (heater groove 74) relative to the article (projecting portion 42 of heat transfer member 40 of aerosol generating article 100). Guo teaches rotating the heating element relative to the cigarette to facilitate separation of the heating element from the cigarette after use and reduce material remaining on the heating element (¶ [0047]; Fig. 5). Applying Guo’s known rotatable-heater arrangement to Park’s screw-connected heater/article arrangement would predictably provide driven rotational disengagement of the threaded heater member from the article after use, thereby facilitating removal of the article from the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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