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 § 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 16-17, 21, 25-27, and 30 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 16, 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 a cavity (Fig. 2, heating chamber 14, ¶17) configured to receive at least a portion of a consumable material (Figs. 1-2, cigarette 20, ¶16); and a heating element (Fig. 2, heating pieces 146). LI further teaches wherein an outer surface of the heating element is shaped to deform an outer shape of the consumable material to correspond to a shape of the heating element upon insertion of the heating element into the consumable material. LI teaches that the walls of the chamber, which are the outer surface of the heating element, form an ellipse in cross section such that when the cigarette is inserted it is pressed flat by the heating chamber walls, thereby deforming the consumable, 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).
LI does not disclose that the heating element is configured to be inserted into the consumable material received in the cavity and heat the consumable material from within 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 heating element is configured to be inserted into the consumable material received in the cavity and heat the consumable material from within 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 17, modified LI discloses the flavor inhaler of claim 16 as discussed above. LI further teaches the heating element is shaped to deform the outer shape of the consumable to an elliptical cross-sectional shape, wherein a major axis of the consumable material after being received in the cavity is longer than a diameter of the consumable material before being received in the cavity, and a minor axis of the consumable material after being received in the cavity is shorter than the diameter of the consumable material before being received in the cavity.
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 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 structure with the purpose of holding the cigarette with predictable results (¶23). As shown in the deformed consumable of Fig. 6, the major axis of the consumable material is longer than the diameter of the entrance of the device and the minor axis is shorter. This is inherent when the cross-sectional shape has been deformed from a circle to an ellipse.
Regarding claim 21, modified LI discloses the flavor inhaler of claim 16 as discussed above. LI does not disclose wherein a cross-sectional perimeter of the heating element, taken orthogonal to a longitudinal axis of the cavity, increases along a direction from a first end of the heating element toward a second end of the heating element, the first end being a tip configured for insertion into 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). As can be seen in Fig. 2, the cross-sectional perimeter of the heating element changes in the same way as the instant application along the longitudinal axis (see side-by-side figures below).
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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 wherein a cross-sectional perimeter of the heating element, taken orthogonal to a longitudinal axis of the cavity, increases along a direction from a first end of the heating element toward a second end of the heating element, the first end being a tip configured for insertion into 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).
Regarding claim 25, modified LI discloses the flavor inhaler of claim 16 as discussed above. LI does not disclose wherein a tip portion of the heating element has a sharp shape configured to pierce 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). 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 wherein a tip portion of the heating element has a sharp shape configured to pierce the consumable material 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 16 as discussed above. LI further discloses a guide structure defining an opening of the cavity and configured to deform a cross- sectional shape of the consumable material during insertion into the cavity.
LI teaches that the walls of the chamber, which are the outer surface of the heating element, form an ellipse in cross section such that when the cigarette is inserted it is pressed flat by the heating chamber walls, thereby deforming the consumable, 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).
Regarding claim 27, modified LI discloses the flavor inhaler of claim 26 as discussed above. LI does not disclose wherein a tip of the heating element protrudes toward the opening of the cavity beyond an innermost end of the guide structure.
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 wherein a tip of the heating element protrudes toward the opening of the cavity beyond an innermost end of the guide structure 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 30, 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) and a flavor inhaler (Figs. 1-3, device 10, ¶16) that includes a housing (Fig. 2, housing 12, ¶17) defining a cavity (Fig. 2, heating chamber 14, ¶17) that receives at least a portion of a consumable material (Figs. 1-2, cigarette 20, ¶16). LI further discloses a heating element (Fig. 2, heating pieces 146). LI teaches that the heating element is configured to heat the consumable material from an interior of the consumable material, wherein an outer surface of the heating element is shaped to deform an outer shape of the consumable material to correspond to a shape of the heating element. 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 heating element inserted into the consumable material within the cavity.
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).
Claims 18-20, 31 are rejected under 35 U.S.C. 103 as being unpatentable over LI and JANG as applied to claims 16 and 30 above, and further in view of US 20200337366 A1 (hereinafter TRITZ).
Regarding claim 18, modified LI discloses the flavor inhaler of claim 16 as discussed above. LI does not disclose 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 19, modified LI discloses the flavor inhaler of claim 18 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 20, modified LI discloses the flavor inhaler of claim 18 as discussed above. LI does not disclose wherein the heating element having the flat-plate shape further comprises a sharpened tip configured to pierce 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). 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 wherein the heating element having the flat-plate shape further comprises a sharpened tip configured to pierce the consumable material 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 31, modified LI discloses the flavor inhalation system of claim 30 as discussed above. LI does not disclose wherein the consumable material includes an insertion portion into which the heating element is inserted and the insertion portion includes an annular sheet disposed to surround the heating element inserted into the insertion portion.
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). TRITZ discloses that the core is surrounded by a paper wrapper (¶88). Given broadest reasonable interpretation, this paper wrapper surrounds the heating element.
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).
Claims 22-24 and 32-34 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 22, modified LI discloses the flavor inhaler of claim 16 as discussed above. LI does not disclose an urging member provided on an inner peripheral surface of the housing is sized to urge the consumable material received in the cavity toward the heating element.
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 an urging member provided on an inner peripheral surface of the housing is sized to urge the consumable material received in the cavity toward the heating element 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 23, modified LI discloses the flavor inhaler of claim 22 as discussed above. LI does not disclose wherein the urging member protrudes from the inner peripheral surface of the housing toward a central axis of the cavity, and wherein a protrusion distance of the urging member is maximal at a longitudinal position corresponding to a maximum cross-sectional perimeter of the heating element.
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). The ribs protrude from the inner surface to a central axis (¶77).
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 wherein the urging member protrudes from the inner peripheral surface of the housing toward a central axis of the cavity, and wherein a protrusion distance of the urging member is maximal at a longitudinal position corresponding to a maximum cross-sectional perimeter of the heating element 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 the distances, these are considered to recitations of relative sizes and dimensions. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the modified device of LI to have ribs where protrusion distance of the urging member is maximal at a longitudinal position corresponding to a maximum cross-sectional perimeter of the heating element the since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the instant case, this would secure the consumable and enable retention to function appropriately with the claimed values. Further, Applicant places no criticality on the protrusion distance claimed, indicating simply that the value “may” be within the claimed ranges (¶78).
Regarding claim 24, modified LI discloses the flavor inhaler of claim 22 as discussed above. LI further discloses a guide structure defining an opening of the cavity and configured to deform a cross- sectional shape of the consumable material during insertion into the cavity.
LI teaches that the walls of the chamber, which are the outer surface of the heating element, form an ellipse in cross section such that when the cigarette is inserted it is pressed flat by the heating chamber walls, thereby deforming the consumable, 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).
Regarding claim 32, 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) in a flavor inhaler (Figs. 1-3, device 10, ¶16), the method comprising: inserting the consumable material into the flavor inhaler (¶23), the flavor inhaler (Figs. 1-3, device 10, ¶16) that includes a housing (Fig. 2, housing 12, ¶17) defining a cavity (Fig. 2, heating chamber 14, ¶17). LI further discloses a heating element (Fig. 2, heating pieces 146). LI further teaches a guide structure at an opening of the cavity and 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 deforming, via the heating element, an internal shape of the consumable material to correspond to a shape of the heating element during the inserting.
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 deforming, via the heating element, an internal shape of the consumable material to correspond to a shape of the heating element during the inserting 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). When the heater is inserted into the consumable, the internal shape corresponds to the shape of the heating element.
Neither Li nor JANG disclose an urging member on an inner surface of the cavity nor urging, via the urging member, the consumable material toward the heating element after the inserting.
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 an urging member on an inner surface of the cavity nor urging, via the urging member, the consumable material toward the heating element after the inserting 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 33, modified LI discloses the method of claim 32 as disclosed above. LI does not disclose deforming the internal shape of the consumable material via the heating element comprises deforming the consumable material to create a cavity having an elliptical cross-section.
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 deforming the internal shape of the consumable material via the heating element comprises deforming the consumable material to create a cavity 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). When the heater is inserted into the consumable, the internal shape corresponds to the shape of the heating element. Although it is not taught that the cavity having an elliptical cross-section, the courts have held changes in proportion or shape to be prima facie obvious in the absence of new or unexpected results. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). One of ordinary skill in the art would appreciate that the shape of the heating device can be changed and still accomplish the advantages of touching the material.
Regarding claim 34, modified LI discloses the method of claim 32 as disclosed above. LI further discloses heating, via the heating element, the consumable material from within the consumable material (¶19, ¶23).
Claims 28-29 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 28, modified LI discloses the flavor inhaler of claim 16 as discussed above. LI does not disclose wherein the heating element comprises: a heater core configured to generate heat; and at least two base members that sandwich the heater core.
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 wherein the heating element comprises: a heater core configured to generate heat; and at least two base members that sandwich the heater core 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).
Regarding claim 29, modified LI discloses the flavor inhaler of claim 28 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).
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over LI, JANG, and FURSA as applied to claim 32 above, and further in view of ALSTON.
Regarding claim 35, modified LI discloses the method of claim 32 as disclosed above. LI does not disclose the heating element is a Positive Temperature Coefficient (PTC) heater, and the method further comprises controlling a temperature of the heating element based on an electrical resistance of the 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). ALSTON further teaches that the vaporizer devices can be controlled by one or more controllers (¶8). ALSTON teaches that the controller controls the heating element (¶77).
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 heating element is a Positive Temperature Coefficient (PTC) heater, and the method further comprises controlling a temperature of the heating element based on an electrical resistance of the 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). Further a person would obviously use a controller to control the temperature of the heater because doing so would achieve the desired temperature for the generation of aerosol (ALSTON ¶82)
Conclusion
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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