DETAILED ACTION
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)(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.
Claims 1-5, 7-8, 12, and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lu (US 2024/0196978).
Regarding claim 1, Lu [Fig. 1-4] teaches an aerosol generating device 10 comprising: a cavity 11 configured to accommodate an aerosol generating article 20 [0037]; and a heater 12 configured to heat the aerosol generating article [0040], wherein the heater comprises: a plasma discharge space 1213 [0043]; a partition 121 configured to separate the cavity 11 and the plasma discharge space 1213 [0043-0045]; and a plurality of plasma electrodes 122/123 disposed on the partition 121 [0047-0051].
Regarding claim 2, Lu teaches the partition comprises an extension extending along a length of the cavity (long straight portion of partition 121 as shown in Fig. 3-4).
Regarding claim 3, Lu teaches the partition comprises a tapered portion that is tapered along a length of the cavity (upper tapered portion of partition 121 as shown in Fig. 3-4).
Regarding claim 4, the instant specification discloses “The plasma discharge space 321 may abut against the cavity 310 with the partition 322 positioned in between” [0302 of published application 2024/0398012]. This is the disclosure of contact between the plasma discharge and the cavity according to the instant specification. In Lu, the plasma discharge space 1213 abuts against the cavity 11 with the partition 121 positioned in between [Fig. 1 and 4], and is thus interpreted to read on the present limitation.
Regarding claim 5, Lu teaches the plasma discharge space 1213 is positioned inside the cavity 11 and at least partially surrounded by the cavity 11 [Fig. 1 and 4].
Regarding claims 7-8, Lu teaches a circuit 14 electrically connected to the plurality of plasma electrodes and disposed to be separated from the plasma discharge space [Fig. 1; 0042]. This circuit is interpreted to inherently comprise a connecting electrode electrically connected to the plurality of plasma electrodes in order to transmit electrical power to the electrodes.
Regarding claim 12, Lu teaches the plurality of plasma electrodes is arranged on a bottom inner surface of the partition [Fig. 4]. The cavity 11 interfaces with the side surfaces of the partition and not the bottom surface, as shown in Fig. 1.
Regarding claim 14, Lu is silent to any preheating that occurs. Thus, the heater of Lu is interpreted as configured to substantially operate without preheating.
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lu as applied to claim 1 above, and further in view of Zuber (US 2011/0126848).
Lu teaches the heater is an internal heater located within the aerosol generating article, and thus the plasma discharge space of the heater is the plasma discharge space 1213 is positioned inside the cavity 11 and at least partially surrounded by the cavity 11. Lu does not teach the plasma discharge space is configured to at least partially surround the cavity. Zuber teaches an electrical smoking system wherein an internal heater and an external heater are alternatives [0025-0026]. With an external heater, the heater is configured to surround the article [Fig. 1-2]. It would have been obvious to one of ordinary skill in the art to use an external heater in the device of Lu such that the heater, including the plasma discharge space thereof, is configured to at least partially surround the cavity. One of ordinary skill in the art would have been capable of applying this known technique of an external heater to the device of Lu and the results would have been predictable to one of ordinary skill in the art.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lu as applied to claim 1 above, and further in view of Sato (US 4,847,476).
Lu does not teach the connecting electrode is configured to at least partially surround the plasma discharge space. Sato teaches a plasma generation device wherein vessel 1 is configured to surround the plasma discharge space, and electrodes 10 are electrically connected to vessel 1, i.e. the vessel acts as a connecting electrode, so that unstable discharge and stoppage of discharge are prevented and basic operation of the device is significantly improved [Fig. 1; col. 3, l. 4-19]. It would have been obvious to one of ordinary skill in the art to apply this configuration to the device of Lu for the reasons above suggested by Lu. With this modification, the plurality of plasma electrodes would be arranged on an inner side surface of the partition that interfaces with the cavity.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Lu as applied to claim 1 above, and further in view of Rogan (US 2020/0281254).
Lu teaches the device is intended to heat but not burn the aerosol generating article [0003] but is silent to a temperature change of the heater. Rogan teaches an inhaler wherein a desired heat not burn temperature range is between 200 and 450° C [0038]. It would have been obvious to one ordinary skill in the art to configure the heater of Lu to generate a temperature change within this range to heat but not burn the aerosol generating article as desired by Lu.
Allowable Subject Matter
Claims 9 and 13 are 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:
Regarding claim 9, it would not have been obvious to one of ordinary skill in the art to modify the aerosol generating device of Lu as applied to claim 7 above such that the connecting electrode is at least partially surrounded by the plasma discharge space. There is no teaching or suggestion in the prior art to position a connecting electrode within partition 121 such that it is at least partially surrounded by the plasma discharge space 1213.
Regarding claim 13, it would not have been obvious to one of ordinary skill in the art to modify the aerosol generating device of Lu as applied to claim 1 above such that each of the plurality of plasma electrodes comprises a piezoelectric transducer. There is no teaching or suggestion in the prior art in the context of plasma-based heating devices wherein a piezoelectric transducer is included as part of a plasma electrode.
Conclusion
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/ERIC YAARY/Examiner, Art Unit 1755
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