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Claims 10 and 11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/15/2026.
Applicant's election with traverse of group I in the reply filed on 6/15/2026 is acknowledged. The traversal is on the ground(s) that Zhang does not teach the special technical feature of the walls being thermally conductive and the pair of electrodes being arranged on the outer surface of the wall. This is not found persuasive because the electrodes of Zhang extend through the wall (Fig. 4, Ref. Num. 31), so they are arranged on both the inner and outer surface of the wall. Additionally, the claims or instant specification does not clarify what is considered thermally conductive, so the walls of Zhang would be considered thermally conductive because any material has the ability to conduct heat.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 108371346 A – Patent and translation of Record).
Regarding claim 1, Zhang teaches a heating chamber (Fig. 3, Ref. Num. 2) for an aerosol generation device (Fig. 1, Ref. Num. 1) comprising one or more walls (Fig. 3, Ref. Num. 2) adapted to receive an aerosol substrate and a pair of arc electrodes (Fig. 3, Ref. Num. 31) arranged on the one or more walls to form a spark gap (Fig. 3, Ref. Num. 3A). Zhang teaches that the electrodes extend through the wall (Fig. 4, Ref. Num. 31), so they are arranged on both the inner and outer surface of the wall. Additionally, the claims or instant specification does not clarify what is considered thermally conductive, so the walls of Zhang would be considered thermally conductive because any material has the ability to conduct heat.
Regarding claim 2, Zhang teaches that the spark gap has a breakdown voltage of 8000 volts (Para. [0052]).
Regarding claim 12, Zhang teaches that the spark gap has a breakdown voltage of 8000 volts (Para. [0052]).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 108371346 A) as applied to claim 1 above, and further in view of Yu (WO 2019/218311 A1).
Regarding claim 3, Zhang does not teach the material of the electrodes.
In an analogous art, Yu teaches electrodes (Fig. 2B, Ref. Num. 42) for creating a spark gap that are made out of conductive metals that include all three of nickel, iridium, and platinum (Page 8, Lines 3-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Zhang with Yu to make the electrodes out of nickel, iridium, or platinum because they are materials that are known in the art to be used to make conductive electrodes (Yu; Page 8, Lines 1-14).
Claims 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 108371346 A) as applied to claim 1 above, and further in view of Reevell (WO 2021/043690 A1).
Regarding claim 5, Zhang teaches that the heating chamber comprises an inner volume (Fig. 4, Ref. Num. 3) defined by inner walls (Fig. 4, Ref. Num. 2) where the inner walls comprise a protrusion (Fig. 4, Ref. Num. 21) extending into the inner volume. However, Zhang does not teach a corresponding recess on the outer surface of the wall.
In an analogous art, Reevell teaches a heating chamber (Fig. 2A, Ref. Num. 12) that has protrusions on the inner wall surface and corresponding recesses on the outer wall surface (Fig. 2A, Ref. Num. 19).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Zhang with Reevell to add recesses on the outer wall surface corresponding with the protrusions. This modification will provide additional surface features on the heating chamber walls (Reevell; Page 13, Lines 9-18). As the recesses will be located between the electrodes, the spark gap will extend across them.
Regarding claim 6, Zhang teaches the heating chamber is tubular (Fig. 4, Ref. Num. 2) and that the protrusion is a rib (Fig. 4, Ref. Num. 21) extending across an axis of the heating chamber.
Regarding claim 7, modified Zhang teaches that the electrodes are arranged on the one or more wall (Fig. 4, Ref. Num. 31), forming a spark gap across the recesses (Fig. 4, corresponds to protrusions 21), and are spaced axially along the heating chamber.
Regarding claim 8, modified Zhang teaches that the inner wall comprises a plurality of protrusions (Fig. 4, Ref. Num. 21), that the outer wall comprises corresponding recesses (Reevell; Fig. 2A, Ref. Num. 19), and that the electrodes are arranged on the one or more wall (Fig. 4, Ref. Num. 31), forming a spark gap across the recesses (Fig. 4, corresponds to protrusions 21).
Regarding claim 9, Zhang does not teach a planar heater extending around the one or more walls.
In an analogous art, Reevell teaches having a planar heater (Fig. 5, Ref. Num. 220) extending around the heating chamber (Fig. 5, Ref. Num. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Zhang with Reevell in order to have a planar heater extend around the heating chamber. This modification will improve heat transfer to the consumable (Reevell; Page 19, Lines 15-32).
Conclusion
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/N.J.W./Examiner, Art Unit 1749
/KATELYN W SMITH/ Supervisory Patent Examiner, Art Unit 1749
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