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 .
Status of the Claims
Claims 1-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4, and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 209268731 U, Cited on the IDS dated, English Translation provided by Examiner) in view of Na (US 2022/0117306 A1).
Regarding Claim 1, Luo, directed to aerosol generating devices ([0001]-[0005]), teaches an aerosol generation device ([0051]-[0052], Figs. 1-2, 9; Electronic cigarette 100) comprising:
a power supply configured to supply power ([0051]-[0052], [0056], Figs. 1-2, 9; Electronic cigarette 100 comprises power supply unit 10 including a power supply body 11 configured to supply power to atomizer 20);
a magnetic body ([0099], Fig. 6, 9; The atomizer 20 includes a heating element 24, a conductive part 25; and [0113], The conductive part 25 is a conductor that generates eddy currents when placed in a changing magnetic field. Conductive part 25 is a magnetic body because it is susceptible to penetration by a changing magnetic field);
an induction coil that is wound around the magnetic body and to which the power is supplied ([0057], Fig. 3, 9; Electronic cigarette 100 comprises inductor coil 13. The power supply body 11 is used to provide alternating current to the inductor coil 13 so that the inductor coil 13 generates a changing magnetic field; and [0117], the conductive part 25 is located in the inductor coil 13, so that the conductive part 25 can generate eddy currents according to the changing magnetic field generated by the inductor coil 13. Figs 3 and 9 show that inductor coil is wound around conductive part 25); and
a susceptor in which an induction current generated by the induction coil and a magnetic field of the magnetic body flows ([0099], Fig. 6, 9; The atomizer 20 includes a heating element 24 (susceptor), a conductive part 25; and [0109], The heating element 24 is a conductor that generates eddy currents when placed in a changing magnetic field; and [0117], the conductive part 25 is located in the inductor coil 13, so that the conductive part 25 can generate eddy currents according to the changing magnetic field generated by the inductor coil 13, and transmit the generated eddy currents to the heating element 24, so that the heating element 24 flows with current and achieves heating);
wherein a cavity into which a stick including an aerosol source is configured to be inserted and extracted through an opening is formed in the aerosol generation device ([0099], Figs. 1, 6, 9; The atomizer 20 includes an atomizer housing 21 defining a cavity into which a cartridge 200 is configured to be inserted and extracted through an opening at the proximal (upper) end of e-cig 100; and [0126], Mouthpiece 32 is sleeved on the cartridge connection part 241 to guide the cartridge 200 to be inserted into the cartridge connection part 241, so that the heating element 24 heats and atomizes the cartridge 200 to generate an aerosol for the user to inhale), and
wherein the susceptor is provided in the cavity at an opening side when viewed from the induction coil ([0099], Figs. 1, 6, 9; The heating element 24 (susceptor) is provided in the cavity formed by atomizer housing 21 at an opening (upper) side when viewed from induction coil 13),
but does not teach the device comprising a conversion circuit configured to convert power supplied from the power supply into high frequency power.
Na, directed to aerosol generating devices ([0002]-[0006]), teaches an aerosol generation device ([0025], Figs. 1-3 show a dual-heating tobacco heater 100 including a first heater H1 and a second heater H2, configured to heat a tobacco stick to a vaporization temperature to generate an aerosol) comprising:
a power supply configured to supply power;
a conversion circuit configured to convert power supplied from the power supply into high frequency power ([0044]-[0045], Fig. 1-4; the dual-heating tobacco heater 100 includes controller 50. The controller 50 may include an induction heater control circuit 52 for applying high-frequency power for induction heating to the second heater H2 by using an induction heater IC 57 having a full-bridge converter; and [0048], a time taken to reach the heating temperature may be reduced when the frequency of the high-frequency power is increased to 200 kHz, 400 kHz, and 700 kHz); and
an induction heating coil to which the high frequency power is supplied ([0045], Figs. 1-4; High-frequency power is supplied to second heater H2 for induction heating; and [0033], the second heater H2 may be a kind of induction heating coil structure).
It would have been obvious to one of ordinary skill in the art to provide the device of Luo comprising a conversion circuit configured to convert power supplied from the power supply into high frequency power to be supplied to the induction coil as taught by Na because Luo and Na are directed to aerosol generating devices, Na demonstrates that the time taken to reach the heating temperature may be reduced when the frequency of the high-frequency power is increased to 200 kHz, 400 kHz, and 700 kHz using a full-bridge converter (Na, [0048]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 4, Luo in view of Na teaches the aerosol generation device according to claim 1. Luo further teaches the device wherein the magnetic body has a cylindrical shape ([0113], Figs. 6, 9; The conductive part 25 (magnetic body) has a cylindrical shape).
Regarding Claim 8, Luo in view of Na teaches the aerosol generation device according to claim 1. Luo further teaches the device wherein a virtual line obtained by extending a center line of the induction coil extending in an insertion and extraction direction of the stick toward the opening side overlaps a center line of the susceptor extending in the insertion and extraction direction ([0052], Fig. 9; A virtual line obtained by extending a center line of the induction coil 13 extending in a vertical direction (an insertion and extraction direction of the stick) toward the opening (upper) side overlaps a center line of the heating element 24 (susceptor) extending in the vertical direction).
Regarding Claim 9, Luo in view of Na teaches the aerosol generation device according to claim 1. Luo further teaches the device wherein the induction coil is not wound around the susceptor ([0052], Fig. 9 shows that the induction coil 13 is not wound around heating element 24 (susceptor)).
Regarding Claim 10, Luo in view of Na teaches the aerosol generation device according to claim 1. Luo further teaches the device wherein a length of the induction coil in an insertion and extraction direction of the stick is smaller than a length of the susceptor in the insertion and extraction direction ([0052], Fig. 9 shows that a length of the induction coil 13 in a vertical direction (an insertion and extraction direction of the stick) is smaller than a length of the heating element 24 (susceptor) in the vertical direction).
Regarding Claim 11, Luo in view of Na does not teach the aerosol generation device according to claim 1, wherein a length of the induction coil in an insertion and extraction direction of the stick is larger than a length of the susceptor in the insertion and extraction direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the aerosol generation device wherein a length of the induction coil in an insertion and extraction direction of the stick is larger than a length of the susceptor in the insertion and extraction direction because changing the relative lengths of the induction coil and the susceptor constitutes change in size to another known size in the art. The change in size, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV A.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 209268731 U, Cited on the IDS dated, English Translation provided by Examiner) in view of Na (US 2022/0117306 A1) as applied to Claim 1, and further in view of Li-305 (US 2023/0136305 A1).
Regarding Claim 12-14, Luo in view of Na does not teach the aerosol generation device wherein the susceptor has a gap extending in an insertion and extraction direction of the stick, wherein the susceptor has a protrusion at an end portion on the opening side, and wherein the gap does not extend to the protrusion, and wherein the gap extends to an end portion of the susceptor on a side different from the opening side.
Li-305, directed to aerosol generation devices ([0002]), teaches an aerosol generation device ([0024], Fig. 2 is a schematic structural diagram of an aerosol generation apparatus) comprising:
an induction coil that is inductively coupled to a susceptor ([0032]-[0035], Fig. 2; The aerosol generation apparatus comprises an inductance coil L inductively coupled to susceptor 30); and
a cavity into which an aerosol generating stick is configured to be inserted and extracted ([0032]-[0035], Fig. 2; The aerosol generation apparatus comprises a cavity, within which a smokable material A such as a cigarette is removably received),
wherein the susceptor is provided in the cavity at an opening side ([0032]-[0035], Fig. 2; Susceptor 30 is provided in the cavity at an opening side),
wherein the susceptor has a gap extending in an insertion and extraction direction of the stick ([0052], Fig. 4 shows an alternate configuration of a susceptor 30a. Susceptor 30a has an avoidance portion 32a (gap) is configured to have a shape with a gradually increasing outer diameter extending in a vertical (an insertion and extraction direction) of the stick (cigarette)),
wherein the susceptor has a protrusion at an end portion on the opening side ([0052], Fig. 4; Susceptor 30a has a protrusion at an end portion on the opening side), and
wherein the gap does not extend to the protrusion, and wherein the gap extends to an end portion of the susceptor on a side different from the opening side ([0052], Fig. 4; Avoidance portion 32a (gap) does not extend to the protrusion, and wherein the gap extends to an end portion of the susceptor on a side opposite from the opening side).
It would have been obvious to one of ordinary skill in the art to provide the device of Luo in view of Na wherein the susceptor has a gap extending in an insertion and extraction direction of the stick, wherein the susceptor has a protrusion at an end portion on the opening side, and wherein the gap does not extend to the protrusion, and wherein the gap extends to an end portion of the susceptor on a side different from the opening side as taught by Li-305 because Luo, Na, and Li-305 are directed to aerosol generating devices, Li-305 demonstrates that the gap allows for lower frictional resistance with the susceptor 30a when the smokable material A is removed, promoting the smokable material A to be more smoothly separated from the susceptor 30a and reducing falling of tobacco slag (Li-305, [0052]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 209268731 U, Cited on the IDS dated, English Translation provided by Examiner) in view of Na (US 2022/0117306 A1) as applied to Claim 1, and further in view of Batista (US 2024/0015858 A1).
Regarding Claim 12 and 15, Luo in view of Na does not teach the aerosol generation device wherein the susceptor has a gap extending in an insertion and extraction direction of the stick, wherein an insulating member is provided at at least a part of the gap.
Batista, directed to aerosol generation devices ([0001]), teaches an aerosol generation device ([0089], FIG. 2 shows a heater assembly 22 of the invention as being part of an aerosol-generating device in cross-sectional view) comprising:
an induction coil that is inductively coupled to a susceptor ([0088]-[0092], Figs. 1-2; Heater assembly 22 comprises a hollow evacuated pin 10 is arranged centrally within the heating chamber 24. The susceptor layer 18 of the pin 10 is heated by means of an inductor coil 28); and
a cavity into which an aerosol generating stick is configured to be inserted and extracted ([0088]-[0092], Figs. 1-2; An aerosol-generating article (not shown) may be inserted into and extracted from the heating chamber 24 (cavity) via a central opening in a hollow sealing member 34),
wherein the susceptor is provided in the cavity at an opening side ([0088]-[0092], Figs. 1-2; Pin 10 (susceptor) including susceptor layer 18 is provided in heating chamber 24 (cavity) at an opening side),
wherein the susceptor has a gap extending in an insertion and extraction direction of the stick ([0088]-[0092], Figs. 1-2; Pin 10 (susceptor) has a hollow space 16 (gap) extending in a vertical (an insertion and extraction direction) of the aerosol-generating article (stick)),
wherein an insulating member is provided at at least a part of the gap ([0013], Fig. 1; The hollow pin may comprise an air-tight hollow space 16 (gap) filled with a gaseous composition at about ambient pressure. The gaseous composition may comprise one or more of nitrogen and argon. Due to the suppression of circulation of gases between the air-tight hollow space and the outside air, thermal losses from the pin to other components of the device may be reduced; and [0009], By providing the heater assembly of the invention, thermal insulation of the susceptor with respect to other components outside the heating chamber may be improved; The gas within the hollow space 16 (gap) behaves as an insulator).
It would have been obvious to one of ordinary skill in the art to provide the device of Luo in view of Na wherein the susceptor has a gap extending in an insertion and extraction direction of the stick, wherein an insulating member is provided at at least a part of the gap as taught by Batista because Luo, Na, and Batista are directed to aerosol generating devices, Batista demonstrates that due to the suppression of circulation of gases between the gap and the outside air, thermal losses from the susceptor to other components of the device may be reduced (Batista, [0013]), and this involves combining prior art elements according to known methods to yield predictable results.
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to teach or reasonably suggest all of the limitations in claim 2. Specifically, the prior art fails to teach or reasonably suggest “wherein the magnetic body extends to an inside of the susceptor”.
Regarding Claim 2, The closest prior art is Luo (CN 209268731 U, Cited on the IDS dated, English Translation provided by Examiner) and Li-839 (US 2023/0180839 A1).
Luo, directed to aerosol generating devices ([0001]-[0005]), teaches an aerosol generation device ([0051]-[0052], Figs. 1-2, 9; Electronic cigarette 100) comprising:
a power supply configured to supply power ([0051]-[0052], [0056], Figs. 1-2, 9; Electronic cigarette 100 comprises power supply unit 10 including a power supply body 11 configured to supply power to atomizer 20);
a magnetic body ([0099], Fig. 6, 9; The atomizer 20 includes a heating element 24, a conductive part 25; and [0113], The conductive part 25 is a conductor that generates eddy currents when placed in a changing magnetic field. Conductive part 25 is a magnetic body because it is susceptible to penetration by a changing magnetic field);
an induction coil that is wound around the magnetic body and to which the power is supplied ([0057], Fig. 3, 9; Electronic cigarette 100 comprises inductor coil 13. The power supply body 11 is used to provide alternating current to the inductor coil 13 so that the inductor coil 13 generates a changing magnetic field; and [0117], the conductive part 25 is located in the inductor coil 13, so that the conductive part 25 can generate eddy currents according to the changing magnetic field generated by the inductor coil 13. Figs 3 and 9 show that inductor coil is wound around conductive part 25); and
a susceptor in which an induction current generated by the induction coil and a magnetic field of the magnetic body flows ([0099], Fig. 6, 9; The atomizer 20 includes a heating element 24 (susceptor), a conductive part 25; and [0109], The heating element 24 is a conductor that generates eddy currents when placed in a changing magnetic field; and [0117], the conductive part 25 is located in the inductor coil 13, so that the conductive part 25 can generate eddy currents according to the changing magnetic field generated by the inductor coil 13, and transmit the generated eddy currents to the heating element 24, so that the heating element 24 flows with current and achieves heating).
However, Luo does not disclose that the magnetic body extends to an inside of the susceptor. Specifically, Luo discloses that the magnetic body transmits generated eddy currents to the susceptor to achieve heating, and does not disclose direct contact between the magnetic body and the susceptor (Luo, [0099]-[0117], Figs. 1-3, 6, 9). Therefore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Luo wherein the magnetic body extends to an inside of the susceptor because there would not be sufficient motivation to connect two components which are designed to function at a separation distance.
Li-839, directed to aerosol generating devices ([0002]), teaches an aerosol generation device ([0033], Fig. 2 is a schematic structural diagram of a vapor generation device according to an embodiment of this application) comprising:
a power supply configured to supply power ([0046]-[0052], Fig. 2; The vapor generation device comprises power supply unit 10 including a power supply body 11 configured to supply power to atomizer 20);
an induction coil that is inductively coupled to a susceptor ([0046]-[0052], Fig. 2; The vapor generation device comprises an inductance coil L inductively coupled to susceptor 30); and
a cavity into which an aerosol generating stick is configured to be inserted and extracted ([0046]-[0052], Fig. 2; The vapor generation device comprises a cavity, within which a smokable material A such as a cigarette is removably received),
wherein the susceptor is provided in the cavity at an opening side ([0046]-[0052], Fig. 2; Susceptor 30 is provided in the cavity at an opening side),
wherein the susceptor includes an internal bore configured to receive a temperature sensor ([0057]-[0060], Figs. 4-5; Susceptor 30 includes: a first part 31 constructed in a blade shape extending in an axial direction of the cavity, and a second part 32 constructed to be a pin or in a needle shape extending in the axial direction of the cavity. Second part 32 is a hollow structure in which an accommodation cavity 321 (internal bore) extending in the axial direction is arranged. During use, the accommodation cavity 321 is configured to accommodate and encapsulate a temperature sensor 50).
While Li-839 discloses that a susceptor may include an internal bore configured to receive another component, Li-839 does not disclose the aerosol generation device comprising a magnetic body;
an induction coil that is wound around the magnetic body and to which the high frequency power is supplied; and a susceptor in which an induction current generated by the induction coil and a magnetic field of the magnetic body flows, wherein the magnetic body extends to an inside of the susceptor. Without a clear disclosure that a magnetic body can be inserted into a susceptor to transfer an induction current and generate heat, one of ordinary skill in the art would have lacked motivation to provide the magnetic body extending to an inside of the susceptor, as claimed. Further, because Li-839 lacks magnetic body as a separate component from the susceptor, Li-839 only provides motivation for inserting a temperature sensor into a susceptor. Therefore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Luo and Li-839 to meet the claimed limitations because the combination of the references would lack the magnetic body extending to an inside of the susceptor.
As such, claim 2 is indicated as containing allowable subject matter. Claims 3, and 5-7 are similarly indicated as containing allowable subject matter because they depend from Claim 2.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached on (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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