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, 2, 4, 5, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asmus (EP3626093, with US 20210392955 as English equivalent).
Regarding claim 1, Asmus discloses a heating assembly (heating element 1), comprising:
a heater, configured to heat an aerosol-forming substrate to generate an aerosol (see heating structure 3 which heats aerosol substrate to provide a inhalable aerosol, [0072,0023]);
a temperature measuring element, configured to sense a temperature of the heater (temperature sensor 13, [0073]); and
a fixing base, configured to fix an end of the heater (see cover layer 7 “adapted so as to fix the heating structure 3 on the base body 5”, [0072]; the “end of the heater” includes the upper/lower ends or the circumferential ends depicted in Fig. 1), wherein the fixing base comprises a support portion, and the support portion is configured to hold the temperature measuring element, to enable the temperature measuring element to be close to or in contact with a preset position on a surface of the heater (see slot formed in layer 7 with sheath 11 to fix the temperature sensor 13 to the heating structure 3, [0073]),
wherein the fixing base comprises an outer cylinder sleeved over the end of the heater, and the support portion is formed by at least a part of the outer cylinder (the cover 7 comprises an outer cylindrical shell that covers the heater with the support portion formed in the outer shell, see Figs. 1-3).
Regarding claim 2, the support portion (see slot formed in cover 7 for the heating element) extends axially along the heater to enable a preset position of the temperature measuring element positioned on the surface of the heater to be between two ends of the heater (temperature sensor is positioned between the circumferential ends of the heating element in Fig. 1; also sensor is between the axial ends).
Regarding claim 4, the support portion comprises an accommodating portion configured to receive at least a part of the temperature measuring element (in Figs. 1, 2, see slot in cover 7 for sensor 13 arranged within sheath 11).
Regarding claim 5, the accommodating portion (slot) extends along the length of the support portion (surfaces of the slot) and is close to an end of the support portion.
Regarding claim 19, Asmus discloses an aerosol generating system comprising the heating element ([0066,0067,0001]).
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.
Claims 3-8, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Asmus (EP3626093, with US 20210392955 as English equivalent) in view of Chen (CN 211910528, with English machine translation).
Regarding claim 3, Asmus does not disclose the support portion is constructed into an arm structure relative to other portions of the fixing base; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the cover of Asmus with an support arm for the temperature sensor since Chen, similarly directed towards an aerosol heating element, discloses providing a cantilever 133 for housing a temperature acquisition module 12, said cantilever configured to secure the module close to the target position and provide an opening for wires ([0049-0052]). One would have been motivated to employ a bracket that prevents the temperature sensor from being removed or falling off ([0051-0052]). The cantilever reads on the support arm.
Regarding claim 4, Asmus’s cover layer is considered to disclose an accommodating portion as discussed above. In the alternative, if the slot is considered insufficient, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the cover layer with a support portion comprising an accommodating part since Chen, similarly directed towards an aerosol heating element, discloses providing a cantilever 133 having a bracket 134 for housing a temperature acquisition module 12, said cantilever configured to secure the module close to the target position and provide an opening for wires ([0049-0052]). One would have been motivated to employ a bracket that prevents the temperature sensor from being removed or falling off ([0051-0052], Figs. 9-10). The opening in the bracket is construed as the accommodating portion of the support arm.
Regarding claim 5, the accommodating portion in Chen is arranged close to an end portion of the support portion (bracket 134 for holding the temperature module is at end of the cantilevered portion 133, see Figs. 7,8).
Regarding claim 6, in Asmus modified by Chen, the support portion taught by Chen comprises a first surface facing the heater and a second surface opposite to the first surface; and the accommodating portion is formed by recessing at least a part of the first surface (Fig. 8 depicts the inner surface facing the heater where the accommodating portion is recessed from the surface, see bracket opening in Figs. 9,10).
Regarding claims 7 and 8, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the support portion in Asmus with a groove on the second surface and a connection hole that connects the groove to the accommodating portion wherein the temperature measuring element is provided with a leading wire and at least a part of the leading wire is accommodated in the groove and the connection hole since Chen discloses an opening 1341 for leading out a wire that is electrically connected to the temperature acquisition module to the outside 131 ([0050]) and clearly illustrates a groove formed in the second surface at the base of the cantilever 133 (see Figs. 7-9--opening 1341 reads on the connection hole and the groove around the cantilever 133 reads on the claimed groove). As disclosed in [0050], the wire extends through this connection hole and groove. One would have been motivated to provide a structure to accommodate for wires connected to the temperature sensor secured by the bracket/accommodating portion. Regarding claim 8, wherein the support portion further comprises a through hole (Chen discloses the cantilever comprises a wire slot 138 which has a through hole), and the leading wire is configured to be threaded through the through hole and then extend from the inside of the fixing base to the outside of the fixing base (wires are threaded through the limiting pieces, thus into/out of the through hole and extending from an inside to outside of the base). See [0056].
Regarding claim 17, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the heating assembly with a sleeve pipe as claimed since Chen, similarly directed towards a heater for an aerosol device, teaches providing a sleeve pipe peripherally surrounding the heater and clamping the support portion between the sleeve pipe and the heater (see heat insulation tube 17; [0058,0065]). One would have been motivated to prevent heat from being transferred to the outer shell of the smoking device ([0058])
Regarding claim 18, sleeve pipe is constructed to reduce radial heat radiation from the heater (heat insulation tube prevents heat from being transferred to the outer shell of the smoking device ([0058]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Asmus (EP3626093, with US 20210392955 as English equivalent) in view of McGrath (US 20220192261).
Regarding claim 14, Asmus does not disclose the fixing base is provided with a flange having a fixing hole; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the fixing base with flange and fixing hole as claimed since McGrath, similarly directed towards a heating element for an aerosol generating device, teaches providing a housing member having a tubular member containing a heater wherein the housing member has a bottom flange 51b with threaded holes in the corner portions 51e to facilitate connection and attachment to other housing structures within the device ([0108], Fig. 11). One would have been motivated to provide the cover of Asmus with a flange having holes to facilitate securing the heating assembly with an aerosol generating device.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Asmus (EP3626093, with US 20210392955 as English equivalent) in view of Chen (CN 211910528, with English machine translation) and McGrath (US 20220192261).
Regarding claim 15, the heater comprises a base body and an electrode (see base body 5 with heating element 3 having electrical contacts 7a, 7ab connected by feed wires, [0078]). Asmus does not disclose the heating element and base body as an infrared heating layer; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the heating element and base layer as an infrared heater since (1) Chen, similarly directed towards an aerosol generating device, teaches providing an electric infrared heating layer formed on the base body (see substrate 11 coated with infrared electrothermal coating 111, [0038]) wherein the coating is configured to generate infrared rays of a certain wavelength that is easily absorbed by the aerosol forming substance ([0039]); and (2) McGrath teaches infrared heater elements are art recognized alternatives to resistive heating elements known to be suitable for heating aerosol forming substances ([0069]).
Regarding claim 16, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the heating element with a third electrode and partitioned heating layer since Chen discloses a third conductive part to divide the electrothermal coating into two heating regions and provide segmented heating of the aerosol ([0043]).
Allowable Subject Matter
Claims 9, 11-13 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is represented by Asmus (EP3626093), Chen (CN 211910528) and Barfod (US 20220074586). Asmus and Chen are discussed above. Barfod discloses a support for a temperature sensor on a heater of a vaporization device (Fig. 13). As to claim 9, the prior art of record fails to further teach or suggest the combination of connection hole, groove hole, and through hole structure for the leading wire wherein the through hole is in communication with the groove. Chen clearly shows the groove and through hole as separated (see Fig. 3) and there is no teaching or motivation to form them in communication. As to claim 11, the prior art of record fails to further teach or suggest the fixing base as comprising an inner cylinder and an extending portion extending from the inner cylinder to the outer cylinder; and the end of the heater is arranged between the inner cylinder and the outer cylinder and held on the extending base.
Response to Arguments
Applicant’s arguments, see pg 7, filed 7/06/2026, with respect to the rejection(s) of claims 1-8, 10, and 14-19 under Chen (CN 211910528) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Asmus (EP 3626093).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
