DETAILED ACTION
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19 and 29-32 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “substantially” in claim 19,is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of examination, any figure or disclosure in the spec that would indicate that the portions are close enough to allow interaction will read on substantially equal.
Claim 29 recites the limitation “a flavor inhaler” in both lines 1-2 and in line 3. The two instances of the recitation create lack of clarity because it is unclear if applicant intends a second flavor inhaler of is referencing the first flavor inhaler. For purposes of examination the second recitation of “a flavor inhaler” will be treated as if to recite “the flavor inhaler” thereby being the same flavor inhaler. Appropriate correction is required.
Claims 30-32 are rejected insomuch as they depend on claim 29.
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.
Claims 13-15, 21-22, 26-27, 29, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over US 20160360794 A1 (hereinafter LI) in view of US 20210337869 A1 (hereinafter JANG).
Regarding claim 13, LI discloses a heating device for a cigarette (abstract). LI discloses a flavor inhaler (Figs. 1-3, device 10, ¶16), comprising: a housing (Fig. 2, housing 12, ¶17) defining an interior chamber (Fig. 2, heating chamber 14, ¶17) and having an opening (Fig. 1, opening 144, ¶17) configured to receive a consumable material (Figs. 1-2, cigarette 20, ¶16) into the interior chamber; a heater (Fig. 2, heating pieces 146). LI further teaches a guide structure disposed at the opening of the housing, the guide structure configured to deform a cross-sectional shape of the consumable material during insertion into the interior chamber to a shape corresponding to a shape of the heater. LI teaches that the walls of the chamber form an ellipse in cross section such that when the cigarette is inserted it is pressed flat by the heating chamber walls (i.e. guide structure) such that the cigarette also becomes an ellipse (¶23). LI teaches that this ensures tight contact between the cigarette and the heater while also allowing the cigarette to substantially keep its integrity and be able to be conveniently removed (¶23). A person of ordinary skill in the art would recognize this adaptation of the walls as a guide structure with the purpose of holding the cigarette with predictable results (¶23).
LI does not disclose that the heater is disposed within the interior chamber the heater configured to be inserted into the consumable material and to heat the consumable material.
JANG teaches an aerosol generating device with an accommodation part into which a cigarette is inserted in (abstract). JANG teaches a heater 1300 with a heating element 1320 that dissipates heat through its surface to be in contact with the tobacco rod to vaporize the aerosol generating material by heat (¶50). JANG teaches that the heating element may enter the inside of the cigarette along the axis so that the length at which the outer surface of the heating element in contact with the inside of the cigarette is maximized (¶61).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide the heater is disposed within the interior chamber the heater configured to be inserted into the consumable material and to heat the consumable material as taught in JANG. A person of ordinary skill in the art would obviously use a heater that can be inserted into the consumable material. Doing so would dissipate heat through the tobacco rod by direct to vaporize the material by heat (JANG ¶50). Further insertion of the heater into the cigarette increases a temperature of the aerosol generating material (JANG ¶49) and allows for optimization of air flow through changes in the cross sectional area of the intake hole and heater to modify the suction resistance (JANG ¶124).
Regarding claim 14, modified LI discloses the flavor inhaler of claim 13 as discussed above. LI further discloses the guide structure comprises a tapered portion that expands in a direction away from the interior chamber. As shown in Fig. 2 the walls chamber, considered to be the guide structure, expand in a direction away from the interior chamber when traveling from a distal to proximal direction.
Regarding claim 15, modified LI discloses the flavor inhaler of claim 13 as discussed above. LI further discloses the guide structure defines a minimum inner perimeter that is less than or equal to an outer perimeter of the consumable material prior to insertion (¶23). See also Fig. 5 (prior to insertion) vs Fig. 6 (after insertion).
Regarding claim 21, modified LI discloses the flavor inhaler of claim 13 as discussed above. LI does not disclose a first end of the heater proximate to the opening protrudes toward the opening beyond a second end of the guide structure that is distal from the opening.
JANG teaches an aerosol generating device with an accommodation part into which a cigarette is inserted in (abstract). JANG teaches a heater 1300 with a heating element 1320 that dissipates heat through its surface to be in contact with the tobacco rod to vaporize the aerosol generating material by heat (¶50). JANG teaches that the heating element may enter the inside of the cigarette along the axis so that the length at which the outer surface of the heating element in contact with the inside of the cigarette is maximized (¶61). As shown in Fig. 4, the proximate end of the heater extends toward the opening. JANG further teaches that the device may have a guide structure inside the accommodation part that may set a bottom wall or surface to position the cigarette (Fig. 4, 1400b bottom surface ¶58). This bottom surface is considered to be an end of a guide structure, distal from the opening, and that the heater extends beyond to the opening as shown clearly in Fig. 4.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide a first end of the heater proximate to the opening protrudes toward the opening beyond a second end of the guide structure that is distal from the opening as taught in JANG. A person of ordinary skill in the art would obviously use a heater that can be inserted into the consumable material. Doing so would dissipate heat through the tobacco rod by direct to vaporize the material by heat (JANG ¶50). Further inclusion of a second guide at the distal end would function to limit the position of the cigarette for proper heating (JANG ¶58).
Regarding claim 22, modified LI discloses the flavor inhaler of claim 13 as discussed above. LI does not disclose an end of the heater proximate to the opening is tapered to a sharp point.
JANG teaches an aerosol generating device with an accommodation part into which a cigarette is inserted in (abstract). JANG teaches a heater 1300 with a heating element 1320 that dissipates heat through its surface to be in contact with the tobacco rod to vaporize the aerosol generating material by heat (¶50). JANG teaches that the heating element may enter the inside of the cigarette along the axis so that the length at which the outer surface of the heating element in contact with the inside of the cigarette is maximized (¶61). As shown in Fig. 4, the proximate end of the heater to the opening is a sharp point.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide an end of the heater proximate to the opening is tapered to a sharp point as taught in JANG. A person of ordinary skill in the art would obviously use a heater that is pointed so that can be inserted into the consumable material. Doing so would dissipate heat through the tobacco rod by direct to vaporize the material by heat (JANG ¶50). Further insertion of the heater into the cigarette increases a temperature of the aerosol generating material (JANG ¶49) and allows for optimization of air flow through changes in the cross sectional area of the intake hole and heater to modify the suction resistance (JANG ¶124).
Regarding claim 26, modified LI discloses the flavor inhaler of claim 13 as discussed above. LI does not disclose the housing and the consumable material, when inserted, define an air layer therebetween configured to provide thermal insulation. LI does disclose that the heating device may include a heat insulation layer 148 to keep the temperature of the outer surface of the housing below 40 Celsius degrees (¶22).
JANG teaches an aerosol generating device with an accommodation part into which a cigarette is inserted in (abstract). JAN teaches that the side wall of the accommodation part 1400 may perform an insulating function so that internal heat may not be dissipated outside (¶62). As shown in Fig. 6, the accommodation part 1400 surrounds the cigarette 2000 with a gap therebetween.
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide the housing and the consumable material, when inserted, define an air layer therebetween configured to provide thermal insulation as taught in JANG. A person of ordinary skill in the art would obviously have learned from the disclosure of LI that an insulation layer is desirable to keep the temperature of the outer surface low for the user. Further a person of ordinary skill in the art would learn from JANG that the side wall can perform an insulating function. Therefore, a person of ordinary skill in the art would provide an air gap between the wall and the consumable to insulate the heat of the device. Doing so would protect the user (LI ¶22) with a thermal insulation gap between the wall and consumable (JANG ¶62).
Regarding claim 27, LI discloses a heating device for a cigarette (abstract). LI discloses a flavor inhalation system (Fig. 2, combination of the device 10 and the cigarette 20), comprising: a consumable material (Figs. 1-2, cigarette 20, ¶16) having a body (Fig. 5, main body 24, ¶16) with a flavor-generating substrate (i.e. tobacco ¶16); and a flavor inhaler(Figs. 1-3, device 10, ¶16), including a housing (Fig. 2, housing 12, ¶17) defining an interior chamber (Fig. 2, heating chamber 14, ¶17) and having an opening (Fig. 1, opening 144, ¶17) configured to receive the consumable material. LI further discloses a heater (Fig. 2, heating pieces 146) disposed within the interior chamber. LI further discloses a guide structure disposed at the opening of the housing, the guide structure configured to deform a cross-sectional shape of the consumable material during insertion to a shape corresponding to a cross-sectional shape of the heater. LI teaches that the walls of the chamber form an ellipse in cross section such that when the cigarette is inserted it is pressed flat by the heating chamber walls (i.e. guide structure) such that the cigarette also becomes an ellipse (¶23). LI teaches that this ensures tight contact between the cigarette and the heater while also allowing the cigarette to substantially keep its integrity and be able to be conveniently removed (¶23). A person of ordinary skill in the art would recognize this adaptation of the walls as a guide structure with the purpose of holding the cigarette with predictable results (¶23).
LI does not disclose the heater configured to be inserted into the body of the consumable material and to heat the flavor-generating substrate.
JANG teaches an aerosol generating device with an accommodation part into which a cigarette is inserted in (abstract). JANG teaches a heater 1300 with a heating element 1320 that dissipates heat through its surface to be in contact with the tobacco rod to vaporize the aerosol generating material by heat (¶50). JANG teaches that the heating element may enter the inside of the cigarette along the axis so that the length at which the outer surface of the heating element in contact with the inside of the cigarette is maximized (¶61).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide the heater configured to be inserted into the body of the consumable material and to heat the flavor-generating substrate as taught in JANG. A person of ordinary skill in the art would obviously use a heater that can be inserted into the consumable material. Doing so would dissipate heat through the tobacco rod by direct to vaporize the material by heat (JANG ¶50). Further insertion of the heater into the cigarette increases a temperature of the aerosol generating material (JANG ¶49) and allows for optimization of air flow through changes in the cross sectional area of the intake hole and heater to modify the suction resistance (JANG ¶124).
Regarding claim 29, LI discloses a heating device for a cigarette (abstract) and a method for use (¶23). LI discloses [a] method for preparing a consumable material (Figs. 1-2, cigarette 20, ¶16, ¶23) for heating in a flavor inhaler (Figs. 1-3, device 10, ¶16), the method comprising: providing a flavor inhaler (Figs. 1-3, device 10, ¶16) that includes a housing (Fig. 2, housing 12, ¶17) defining an interior chamber (Fig. 2, heating chamber 14, ¶17). LI further discloses a heater (Fig. 2, heating pieces 146) disposed within the interior chamber. LI further discloses a guide structure at an opening of the housing; inserting a consumable material through the guide structure and into the interior chamber of the housing; deforming, via the guide structure a cross-sectional shape of the consumable material to a shape that corresponds to a cross-sectional shape of the heater during the inserting. LI teaches that the walls of the chamber form an ellipse in cross section such that when the cigarette is inserted it is pressed flat by the heating chamber walls (i.e. guide structure) such that the cigarette also becomes an ellipse (¶23). LI teaches that this ensures tight contact between the cigarette and the heater while also allowing the cigarette to substantially keep its integrity and be able to be conveniently removed (¶23). A person of ordinary skill in the art would recognize this adaptation of the walls as a guide structure with the purpose of holding the cigarette with predictable results (¶23).
LI does not disclose simultaneously with the inserting, guiding the heater into a central portion of the consumable material.
JANG teaches an aerosol generating device with an accommodation part into which a cigarette is inserted in (abstract). JANG teaches a heater 1300 with a heating element 1320 that dissipates heat through its surface to be in contact with the tobacco rod to vaporize the aerosol generating material by heat (¶50). JANG teaches that the heating element may enter the inside of the cigarette along the axis so that the length at which the outer surface of the heating element in contact with the inside of the cigarette is maximized (¶61).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide simultaneously with the inserting, guiding the heater into a central portion of the consumable material as taught in JANG. A person of ordinary skill in the art would obviously use a heater that can be inserted into the consumable material. Doing so would dissipate heat through the tobacco rod by direct to vaporize the material by heat (JANG ¶50). Further insertion of the heater into the cigarette increases a temperature of the aerosol generating material (JANG ¶49) and allows for optimization of air flow through changes in the cross sectional area of the intake hole and heater to modify the suction resistance (JANG ¶124).
Regarding claim 32, modified LI discloses the method of claim 29 as discussed above. LI does not disclose forming an air layer for thermal insulation between an outer surface of the consumable material and an inner surface of the housing.
LI does disclose that the heating device may include a heat insulation layer 148 to keep the temperature of the outer surface of the housing below 40 Celsius degrees (¶22).
JANG teaches an aerosol generating device with an accommodation part into which a cigarette is inserted in (abstract). JAN teaches that the side wall of the accommodation part 1400 may perform an insulating function so that internal heat may not be dissipated outside (¶62). As shown in Fig. 6, the accommodation part 1400 surrounds the cigarette 2000 with a gap therebetween.
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide forming an air layer for thermal insulation between an outer surface of the consumable material and an inner surface of the housing as taught in JANG. A person of ordinary skill in the art would obviously have learned from the disclosure of LI that an insulation layer is desirable to keep the temperature of the outer surface low for the user. Further a person of ordinary skill in the art would learn from JANG that the side wall can perform an insulating function. Therefore, a person of ordinary skill in the art would provide an air gap between the wall and the consumable to insulate the heat of the device. Doing so would protect the user (LI ¶22) with a thermal insulation gap between the wall and consumable (JANG ¶62).
Claims 16-20, 28, 30 are rejected under 35 U.S.C. 103 as being unpatentable over LI and JANG as applied to claims 13, 27, and 29 above, and further in view of US 20200337366 A1 (hereinafter TRITZ).
Regarding claim 16, modified LI discloses the flavor inhaler of claim 13 as discussed above. LI further teaches the guide structure is configured to deform the cross-sectional shape of the consumable material into an elliptical shape (¶23).
LI teaches that the walls of the chamber form an ellipse in cross section such that when the cigarette is inserted it is pressed flat by the heating chamber walls (i.e. guide structure) such that the cigarette also becomes an ellipse (¶23). LI teaches that this ensures tight contact between the cigarette and the heater while also allowing the cigarette to substantially keep its integrity and be able to be conveniently removed (¶23). A person of ordinary skill in the art would recognize this adaptation of the walls as a guide structure with the purpose of holding the cigarette with predictable results (¶23).
However, LI does not teach the heater is flat-plate-shaped. LI is silent as to the specific shape of the heater itself.
TRITZ teaches a rod-shaped aerosol-generated article for use with an electrically heated aerosol generating device (abstract). TRITZ teaches that the heater may comprise a strip-shaped heating element (¶2) which is advantageous because such a heating element is simple and inexpensive to manufacture (¶3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide the heater is flat-plate- shaped as taught in TRITZ. A person of ordinary skill in the art would obviously use a flat-plate shaped heater. Doing so would provide the advantages of simple and inexpensive manufacture (TRITZ ¶2-¶3).
Regarding claim 17, modified LI discloses the flavor inhaler of claim 16 as discussed above. LI does not disclose a width direction of the flat- plate-shaped heater is aligned with a direction of a major axis of the elliptical shape.
TRITZ teaches a rod-shaped aerosol-generated article for use with an electrically heated aerosol generating device (abstract). TRITZ teaches that the heater may comprise a strip-shaped heating element (¶2) which is advantageous because such a heating element is simple and inexpensive to manufacture (¶3). TRITZ teaches that the use of a strip-shaped heating element can decrease the heating efficiency (¶9). TRITZ teaches that confining the substrate to a restricted volume by adapting the cross section of the substrate improves effectiveness of the heating (¶10). As shown in Fig. 1, the width of the strip-shaped susceptor element 40 is aligned with the direction of the major axis of the elliptical shape of the substrate.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide a width direction of the flat- plate-shaped heater is aligned with a direction of a major axis of the elliptical shape as taught in TRITZ. A person of ordinary skill in the art would obviously use a flat-plate shaped heater. Doing so would provide the advantages of simple and inexpensive manufacture (TRITZ ¶2-¶3). Further a person of ordinary skill in the art would obviously align the width of the heater with an elliptical shape of the aerosol generating material because doing so would result in improved heating efficiency (TRITZ ¶10).
Regarding claim 18, modified LI discloses the flavor inhaler of claim 16 as discussed above. LI further teaches wherein the guide structure comprises an inlet portion having an elliptical cross-section, and a major axis of the inlet portion is longer than or equal to a major axis of the consumable material after being deformed by the guide structure. LI discloses that the heating chamber 14 (the walls of the chamber are considered to be the guide structure) is an ellipse in cross section as seen in Fig. 4 (¶17). As shown in the deformed consumable of Fig. 6, the major axis of the inlet is longer than or equal to the major axis of the consumable in the area after deformation.
Additionally, TRITZ teaches a flat-plate shaped heater than when inserted into the elliptical cross-section of the consumable material has a configuration of parts that is directly analogous to the instant application. See instant application Fig. 7 vs TRITZ Fig. 3. A person of ordinary skill in the art would immediately recognize that the placement of the heater within the consumable material directly affects the heating profile and as TRITZ (¶10) discloses optimization thereof, a person of ordinary skill in the art would adjust this contact with predictable results.
Regarding claim 19, modified LI discloses the flavor inhaler of claim 18 as discussed above. LI further discloses a minor axis of the inlet portion is substantially equal to a diameter of the consumable material prior to insertion. As shown in at least Fig. 2, the axis at the inlet is substantially equal to allow insertion. Further, LI discloses another cross-sectional view (Fig. 3) of the heating device where the axis is even more substantially equal.
Regarding claim 20, modified LI discloses the flavor inhaler of claim 16 as discussed above. LI does not disclose wherein the heater has a maximum width that is greater than 30% of a length of a major axis of the consumable material after being deformed.
TRITZ teaches a rod-shaped aerosol-generated article for use with an electrically heated aerosol generating device (abstract). TRITZ teaches that the heater may comprise a strip-shaped heating element (¶2) which is advantageous because such a heating element is simple and inexpensive to manufacture (¶3). TRITZ teaches that the use of a strip-shaped heating element can decrease the heating efficiency (¶9). TRITZ teaches that confining the substrate to a restricted volume by adapting the cross section of the substrate improves effectiveness of the heating (¶10). As shown in Fig. 1, the width of the strip-shaped susceptor element 40 is aligned with the direction of the major axis of the elliptical shape of the substrate.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide the heater has a maximum width that is greater than 30% of a length of a major axis of the consumable material after being deformed as taught in TRITZ. A person of ordinary skill in the art would obviously adapt the contact of the cross section of the heater and the substrate. Doing so would provide the advantages of simple and inexpensive manufacture (TRITZ ¶2-¶3) while also improving the effectiveness of the heater (TRITZ ¶10). Discovery of the percentages covered in axial directions is a matter of routine optimization. TRITZ discloses that the area that the substrate contacts the flat heater needs to be optimized to improve the effectiveness of the heating (¶10) and as such contact between the flat heater in the substrate in that changing the value changes the effectiveness of the heating function. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to move the range as a matter of routine optimization since it has been held that "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (MPEP 2144.05.II.A).
Regarding claim 28, modified LI discloses the flavor inhaler of claim 27 as discussed above. LI does not disclose the body of the consumable material defines a central through-hole configured to receive the heater, and wherein the flavor-generating substrate comprises an annular sheet disposed to surround the heater when inserted.
TRITZ teaches a rod-shaped aerosol-generated article for use with an electrically heated aerosol generating device (abstract). TRITZ teaches that the heater may comprise a strip-shaped heating element (¶2) which is advantageous because such a heating element is simple and inexpensive to manufacture (¶3). As shown in Fig. 4, the substrate 110 of the article comprises a pre-formed strip shaped slot 150 for receiving the strip-shaped heating element (¶96).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide the body of the consumable material defines a central through-hole configured to receive the heater, and wherein the flavor-generating substrate comprises an annular sheet disposed to surround the heater when inserted as taught in TRITZ. An ordinary person of skill in the art would obviously provide a pre-formed slot in the consumable to receive the heater. Doing so would facilitate insertion of the heating element into the substrate (TRITZ ¶96).
Regarding claim 30, modified LI discloses the method of claim 29 as discussed above. LI further teaches wherein deforming the cross-sectional shape comprises deforming the consumable material from a circular cross-section to an elliptical cross-section
LI teaches that the walls of the chamber form an ellipse in cross section such that when the cigarette is inserted it is pressed flat by the heating chamber walls (i.e. guide structure) such that the cigarette also becomes an ellipse (¶23). LI teaches that this ensures tight contact between the cigarette and the heater while also allowing the cigarette to substantially keep its integrity and be able to be conveniently removed (¶23). A person of ordinary skill in the art would recognize this adaptation of the walls as a guide structure with the purpose of holding the cigarette with predictable results (¶23).
However, LI does not teach the heater is flat-plate- shaped. LI is silent as to the specific shape of the heater itself.
TRITZ teaches a rod-shaped aerosol-generated article for use with an electrically heated aerosol generating device (abstract). TRITZ teaches that the heater may comprise a strip-shaped heating element (¶2) which is advantageous because such a heating element is simple and inexpensive to manufacture (¶3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide the heater is flat-plate- shaped as taught in TRITZ. A person of ordinary skill in the art would obviously use a flat-plate shaped heater. Doing so would provide the advantages of simple and inexpensive manufacture (TRITZ ¶2-¶3).
Claims 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over LI and JANG as applied to claim 13 above, and further in view of US 20200146352 A1 (hereinafter ALSTON).
Regarding claim 23, modified LI discloses the flavor inhaler of claim 13 as discussed above. LI does not disclose the heater is a Positive Temperature Coefficient (PTC) heater.
ALSTON teaches vaporization devices with one or more heaters configured to heat one or more vaporizable materials with various embodiments of heating elements (abstract). ALSTON teaches using positive temperature coefficient heating elements because they can be cost effectively manufactured enabling an economically feasible single use cartridge (¶68).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide the heater is a Positive Temperature Coefficient (PTC) heater as taught in ALSTON. A person of ordinary skill in the art would obviously use different types of heaters including a PTC heater. Doing so would cost effectively manufactured enabling an economically feasible single use cartridge (ALSTON ¶68).
Regarding claim 24, modified LI discloses the flavor inhaler of claim 23 as discussed above. LI does not disclose the heater comprises a PTC element sandwiched between at least two metal plates, and a holding member joined to a base of the at least two metal plates, the holding member being secured to the housing.
ALSTON teaches vaporization devices with one or more heaters configured to heat one or more vaporizable materials with various embodiments of heating elements (abstract). ALSTON teaches that the heating elements can include at least one thermally conductive material (¶88). ALSTON teaches that the heater can be a thin section of material sandwiched between electrical conductors or electrically conductive coatings to which differential voltages may be applied (Fig. 14, ¶159). As shown in detail, the heating element is a thin material 890 between layers 892 (Fig. 17B, ¶162). There is then a conductive lead 894 (i.e. holding member) that is attached to the layer (Fig. 17B, ¶162). These are then attached to the rest of the device so that it can be powered (¶132).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide the heater comprises a PTC element sandwiched between at least two metal plates, and a holding member joined to a base of the at least two metal plates, the holding member being secured to the housing as taught in ALSTON. A person of ordinary skill in the art would obviously use different types of heaters including a PTC heater. Doing so would cost effectively manufactured enabling an economically feasible single use cartridge (ALSTON ¶68). Further a person of ordinary skill in the art would have the knowledge of electrical connections and heaters to arrange the parts to heat the device and provide attachment to the housing and battery. As evidenced by ALSTON, the implementation of PTC heaters was well known before the effective filing date of the instant application because there are several priority documents incorporated by reference (See ALSTON ¶1).
Claims 25 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over LI and JANG as applied to claims 13 and 29 above, and further in view of US 20190230989 A1 (hereinafter FURSA).
Regarding claim 25, modified LI discloses the flavor inhaler of claim 13 as discussed above. LI does not disclose at least one retaining rib disposed on an inner surface of the housing, the at least one retaining rib configured to urge the consumable material toward the heater.
FURSA teaches an aerosol generating device with a cavity with an internal surface with ribs extending into the cavity for receiving the article (abstract). FURSA teaches that the ribs are configured for contacting a portion of the article (¶4) and that the ribs prevent an accidental extraction of the article (¶7). FURSA teaches that there is a need for aerosol-generating devices to have improved retention (¶3). FURSA teaches that an advantage of the ribs is to position the article for advantages heating (¶9). Since the ribs urge the consumable to remain in the device, this is considered to read upon urging to material toward the heater (i.e. away from the outside of the device).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide at least one retaining rib disposed on an inner surface of the housing, the at least one retaining rib configured to urge the consumable material toward the heater as taught in FURSA. A person of ordinary skill in the art would obviously place retaining ribs on the inside surface of the device. Doing so would prevent accidental extraction of the article (FURSA ¶7) and solve the problem by improving retention (FURSA ¶3).
Regarding claim 31, modified LI discloses the method of claim 29 as discussed above. LI does not disclose urging, via at least one retaining rib on an inner surface of the housing, the consumable material toward the heater after the consumable material has passed the guide structure.
FURSA teaches an aerosol generating device with a cavity with an internal surface with ribs extending into the cavity for receiving the article (abstract). FURSA teaches that the ribs are configured for contacting a portion of the article (¶4) and that the ribs prevent an accidental extraction of the article (¶7). FURSA teaches that there is a need for aerosol-generating devices to have improved retention (¶3). FURSA teaches that an advantage of the ribs is to position the article for advantages heating (¶9). Since the ribs urge the consumable to remain in the device, this is considered to read upon urging to material toward the heater (i.e. away from the outside of the device).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LI to provide urging, via at least one retaining rib on an inner surface of the housing, the consumable material toward the heater after the consumable material has passed the guide structure as taught in FURSA. A person of ordinary skill in the art would obviously place retaining ribs on the inside surface of the device. Doing so would prevent accidental extraction of the article (FURSA ¶7) and solve the problem by improving retention (FURSA ¶3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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