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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claims 17-19, 21, 29-31, 33, and 35 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by An et al. (US 2024/0206544).
Regarding claims 17 and 30, An discloses an aerosol generating device (“flavor inhaler”) for generating an aerosol by heating an aerosol generating article (collectively “flavor inhalation system”) comprising:
an aerosol generating article (20; Figs. 1-4; “consumable material”) comprising a tobacco rod (21; “aerosol-forming substrate”); and
the aerosol generating device (10; “flavor inhaler”) configured to receive the aerosol generating article 9into an inner space thereof ([0027]) including:
a case (100; Fig. 5; “housing”) having a cavity (310;” internal cavity”) for accommodating an aerosol generating article (20; [0066]; “configured to receive at least a portion of a consumable material”) through one end (301), which is open to allow the aerosol generating article to be inserted ([0068]; see also Fig. 6; “opening”);
a heater (200) disposed inside the cavity ([0067]; Fig. 5) and configured to inserted into the interior of the aerosol generating article ([0069]; “configured to be inserted into the consumable material”) and transferring heat to the aerosol generating article ([0069]; “configured to…heat the consumable material from within”); and
at least one rib (400; “at least one rib”) disposed on an inner circumferential surface of the cavity ([0066]; Fig. 5; “protruding from an inner peripheral surface of the housing into the internal cavity”) such that the shape of the aerosol-generating material may be deformed by the plurality of ribs ([0090], [0093]) and may guide the movement of the aerosol generating article onto the heater ([0071]) (collectively “configured to urge the consumable material toward the heater”).
Regarding claim 18, An discloses a plurality of ribs ([0087]; Fig. 8A) comprising a first rib (see annotated Fig. 8A) and a second rib (see annotated Fig. 8A) disposed on opposing hemispherical sides of the inner circumferential surface of the cavity (see annotated Fig. 8A).
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Regarding claim 19, An discloses wherein the diameter (a; “distance between the first and the second rib”) of the cavity at the location of the ribs may be less than the diameter (b; “initial diameter of the consumable material prior to insertion into the housing”) of the aerosol generating article ([0080]; Fig. 7; see also Fig. 8C).
Regarding claim 21, An discloses the at least one rib may be inclined relative to the extension direction of the cavity ([0072]; Fig. 5) having a protrusion distance from the inner circumferential surface of the cavity that increases in a direction away from the opening on the one end (see Fig. 5).
Regarding claim 29, An discloses a gap is generated between the plurality of ribs spaced apart from each other such that external air may be directly introduced into the cavity through the gap ([0089]; “air layer formed between the consumable material and the inner peripheral surface of the housing”).
Regarding claim 31, An discloses the aerosol generating article comprises the tobacco rod (21; “insertion portion”) with a wrapper (24; “annular sheet”), wherein the heater is inserted into the tobacco portion (see Fig. 1).
Regarding claim 33, An discloses a method of heating an aerosol generating article (abstract) comprising:
inserting ([0068]) an aerosol generating article (20; “consumable material”) into an opening in one end (301; [0068]; “opening”) of a case (100; “housing”) wherein a heater (200) is disposed in the case ([0067]; Fig. 5);
deforming ([0093]), via at least one rib (400) protruding from an inner circumferential surface of a cavity (310; [0066]; “inner peripheral surface of the housing”), a shape of the aerosol generating article ([0093]) and guiding the movement of the aerosol generating article into the cavity ([0071]; “toward the heater as the consumable material is inserted”); and
heating, via the heater, the aerosol generating article to generate an aerosol ([0069]).
Regarding claim 35, An discloses the at least one rib may be inclined relative to the extension direction of the cavity ([0072]; Fig. 5). Since the rib is inclined, one of skill in the art would appreciate that the rib applies an increasing force that is proportional to the degree of extension into the cavity to the aerosol generating article, as the aerosol generating article is pushed against the rib.
Claims 17-18, 20-23, 29-31, 33, and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2020/0154765; of record).
Regarding claim 17 and 30, Lee discloses an aerosol generating device (“flavor inhaler”) and a cigarette (abstract; collectively “flavor inhalation system”) comprising:
a cigarette (7; “consumable material”) including a tobacco rod ([0026]; “aerosol-forming substrate”); and
the aerosol generating device ([0070]; Fig. 1-3) for accommodating the cigarette ([0070]; “configured to receive the consumable material”) including:
a case (10; “housing”) including a path (20; “internal cavity”) for accommodating the cigarette ([0073]; “configured to receive the consumable material”) through an opening (21; [0074]);
a heater (30) within the path (Fig. 2) configured to be inserted into a bottom end of the cigarette ([0080]) and heating the cigarette ([0083]), and
at least one a protrusion (125; Fig. 4-6; “at least one rib”; see also protrusions 625 in Fig. 15 and protrusions 25 in Figs. 2-4) protruding inwardly from an inner container (11; “inner peripheral surface”) toward a center of the path ([0094]) and configured to guide (i.e., “urge”) the movement of the cigarette to move along the path to reach an other end (20r; [0097]; “toward the heater”).
Regarding claim 18, Lee discloses a first rib (see Fig. 5; interpreted as the top rib) and a second rib (see Fig. 5; interpreted as the bottom rib) disposed on opposing sides of the inner container (Fig. 5).
Regarding claim 20, Lee discloses a plurality of protrusions (625) arranged in a staggered pattern along a longitudinal axis of the housing (Fig. 15).
Regarding claim 21, Lee discloses wherein the at least one protrusion (125) has a inclined surface (125t; Fig. 6) such that a protrusion distance of the inclined surface gradually increases in a direction away from the opening (Fig. 6).
Regarding claim 22, Lee discloses wherein the heater (30) has one side end portion (31) having a diameter in a cross-section orthogonal to a longitudinal axis of the case that gradually increases in the direction away from the opening (Fig. 4) and wherein the protrusion distance of the at least one rib is at a maximum at a position corresponding to a maximum perimeter of the heater (see Fig. 4).
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Regarding claim 23, Lee discloses wherein the at least one protrusion (125) has a contact surface (125d; “stopper-shaped end portion”) located at a bottom wall (29; “distal from the opening”) of the path (Fig. 6).
Regarding claim 29, Lee discloses an airflow passage (25p; “air layer”) formed between the cigarette and the path ([0091]; see Fig. 3 and 7).
Regarding claim 31, Lee discloses the cigarette (7) has an end portion (7e; Fig. 1; “insertion portion”), wherein the cigarette has a wrapper ([0289]; “annular sheet”), and wherein the cigarette is inserted into the end portion ([0080]).
Regarding claim 33, Lee discloses a method for generating aerosol ([0002]) comprising:
inserting ([0079]) a cigarette (7; “consumable material”) into a an opening (21) of a case (10), wherein a heater (30) is disposed the case (Fig. 2 and 4);
guiding ([0097; “urging”), via at least one protrusion (125; Fig. 6; “at least one rib”) protruding inwardly from an inner container (11; “inner peripheral surface”), the movement of the cigarette along the path to an end (20r) where the heater is located (see Fig. 6) ([0097; “toward the heater as the consumable is inserted”); and
heating ([0083]), via the heater, the cigarette ([0083]).
Regarding claim 35, Lee discloses the at least one protrusion having an inclined surface (125t) and a contact surface (125d). Therefore, one of skill in the art would appreciate that the amount of contact force exerted by the contact surface 125d increases proportionally to the increasing surface area coming into contact with the cigarette as it is inserted.
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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. as applied to claim 18 above, and further in view of Reevell (WO 2021/180860).
Regarding claim 19, Lee discloses the flavor inhaler as discussed above with respect to claim 18.
However, Lee does not explicitly disclose a distance between the first rib and the second rib is less than an initial diameter of the consumable material prior to insertion into the housing.
Reevell teaches an aerosol generating system (abstract) comprising a plurality of inward protrusions (211; Fig. 4) and a consumable comprising a resilient portion (12) wherein the protrusions are sized such that the space between the protrusions is smaller than a width of the resilient portion such that the resilient portion is compressed to fit between the protrusions (p. 3, ll. 5-7; “a distance between the first rib and the second rib is less than an initial diameter of the consumable material prior to insertion”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have: (1) added a resilient portion as in Reevell to Lee’s cigarette (2) modified the space between Lee’s protrusions to be less than a width of the resilient portion as in Reevell in order to obtain the predictable result of compressing the resilient portion to fit between the protrusions (Reevell; p. 3, ll. 5-7) with the benefit of preventing the consumable from deforming, disengaging from the protrusions, and moving away from the preferred position (Reevell; p. 2, ll. 27-29).
Claims 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. as applied to claim 17 above, and further in view of Liu et al. (CN 209807157; of record; see machine translation).
Regarding claim 24 and 26, Lee discloses the flavor inhaler as discussed above with respect to claim 17, wherein the heater is a combination of a cylindrical and conical shape ([0178]).
However, Lee is silent as to the heater is a flat-plate-shaped heater having an elliptical cross-section, or at least two base members sandwiching the heating element.
Liu teaches a PTC heating element and low temperature smoking set (title) comprising a heating element body (Fig. 6; [0052]) comprising a sheet-shaped PTC ceramic substrate (201; “flat-plate-shaped heater” and “heating element”), two metal electrode sheets (202; “at least two base members”) sandwiching the sheet-shaped PTC ceramic substrate (Fig. 6), wherein the sheet-shaped PTC ceramic substrate has a elliptical cross-section (see element 3 in Fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted Lee’s heater with Liu’s PTC heating element to achieve the advantages of using a simple structure that is convenient and can be quickly assembled (Liu; [0023]), which reduces the manufacturing cost of the heating element (Liu; [0011]).
Regarding claim 25, modified Lee discloses the plurality of ribs (125; Fig. 5), and PTC heating element having the elliptical cross-section (Liu; see element 3 in Fig. 6).
One of skill in the art would understand the elliptical cross-section includes a minor axis, which is the shortest line segment passing through the center of the cross-section.
However, modified Lee does explicitly teach that the plurality of ribs are arranged along a minor axis of the elliptical cross-section.
It would have been obvious to one of skill in the art modified the arrangement of the PTC heating element in Lee’s Fig. 5 because it has been held that the rearrangement of parts is obvious where shifting the position of [an element] would not have modified the operation of the device. MPEP 2144.04(VI)(C). Here, such the rotation of radial position of the PTC heating element in the device would not have modified the operation of the device because the PTC heating element would still be used to heat an inserted cigarette to generate an aerosol.
Regarding claim 27, modified Lee discloses the at least one rib (125) and the heating element (30) do not overlap along a longitudinal axis of the housing (see Fig. 4, illustrating that the heating element and the rib are spaced radially from each other).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. as applied to claim 17 above, and further in view of Reevell (GB 2534211).
Regarding claim 28, Lee discloses the flavor inhaler as discussed above with respect to claim 17.
However, Lee is silent as to a shaping guide at the opening of the housing, the shaping guide configured to deform a cross-sectional shape of a consumable material upon insertion.
Reevell teaches an aerosol-generating article (abstract) comprising an internal heating element (32/34; Fig. 9), a compressor (36; “shaping guide”) located at an opening of a housing (see Fig. 9), the compressor acts to compress an aerosol-forming substrate (10) (p. 26, ll. 31-35; “deform a cross-sectional shape of the consumable upon insertion”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a compressor as in Reevell to Lee’s case in order to obtain the predictable result of compressing an aerosol-forming substrate increases the heating efficiency of the heating element (Reevell; p. 26, l. 31-p. 27, l. 2).
Claims 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. as applied to claim 30 above, and further in view of Reevell (US 2020/0008471).
Regarding claim 32, Lee discloses the flavor inhalation system as discussed above with respect to claim 30, wherein the cigarette (7) has an end portion (7e; Fig. 1; “insertion portion”), and wherein the cigarette is inserted into the end portion ([0080]).
However, Lee is silent as to an annular sheet, wherein a radial distance from an inner periphery to an outer periphery of the annular sheet is greater than a minimum distance between the heater and the at least one rib.
Reevell teaches an electrically operated aerosol-generating system (abstract) comprising a tubular aerosol-generating article (102; Fig. 4) with a cylindrical open-ended hollow tube of aerosol-forming substrate (104; “annular sheet,” the outside of which is the “outer periphery”) and an inner passage (105; defines the “inner periphery”), and a main unit (103; Fig. 5), wherein the tubular aerosol-generating article is deformable to exert a force radially inward towards a heating portion of the main unit ([0048]).
It would have been obvious to one of ordinary skill in the art to have substituted Reevell’s tubular aerosol-generating article for Lee’s cigarette in order to facilitate improved conductive heat transfer to the aerosol-forming substrate (Reevell; [0049]).
Regarding the claim limitation “a radial distance between the inner periphery to an outer periphery…is greater than a minimum distance between the heater and the at least one rib,” it would have been obvious to said skilled artisan to have modified the relative dimensions of the thickness of the cylindrical hollow tube of the aerosol-forming substate and the distance between the heater and the at least one rib because such modification involves a mere change to the proportion. See MPEP 2144.04(IV)(A).
Claims 34 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. as applied to claim 33 above, and further in view of Jang (US 2023/0180832) and Reevell (GB 2534211).
Regarding claims 34 and 36, Lee discloses the method as discussed above with respect to claim 33.
However, Lee is silent as to deforming, via a shaping guide at the opening, a cross-sectional shape of the consumable material during the inserting. Moreover, Lee is silent as to the urging includes deforming the consumable material from an initial circular cross-section to an elliptical cross section.
Jang teaches an aerosol-generating device (abstract) comprising an adapter (13; “shaping guide”) located at an insertion hole (12; “opening”), wherein an aerosol generating article (2) is deformed due to the adapter ([0055]) from an circular shape to an elliptical shape ([0055]); “deforming…from an initial circular cross-section to an elliptical cross section”) during insertion ([0071]).
Reevell teaches an aerosol-generating article (abstract) comprising an internal heating element (32/34; Fig. 9), a compressor (36; “shaping guide”) located at an opening of a housing (see Fig. 9), the compressor acts to compress an aerosol-forming substrate (10) (p. 26, ll. 31-35; “deform a cross-sectional shape of the consumable upon insertion”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added an adapter as in Jang to Lee’s case in order to obtain the predictable result of deforming/compressing an aerosol-forming substrate during the inserting from a circular shape into an elliptical shape (Jang; [0055]), which increases the heating efficiency of the heating element (Reevell; p. 26, l. 31-p. 27, l. 2).
Conclusion
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/SONNY V NGUYEN/Examiner, Art Unit 1755
/ERIC YAARY/Examiner, Art Unit 1755
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