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 .
Priority
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.
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.
Claims 1, 2, 14, 15, 16 and 20 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Han (US 2009/0095311) as evidenced by NPL “Specific Heat Capacity of Metals Table Chart”. A copy of NPL “Specific Heat Capacity of Metals Table Chart” is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Han teaches a method of making an aerosol-generating article (title, abstract), comprising: establishing a porous body (Figs 2, 5-8, atomizer assembly 8, porous component 81, 0066) to absorb heat from an electric heating element (Figs 5-8, electric heating rod 82, 0067) and emit at least some of the absorbed heat into an airflow that is drawn through the porous body (heat from heating rod 82 is absorbed by the foamed nickel component 81 to heat drawn airflow), the porous body being non-combustible (0066, foamed nickel, stainless steel fiber felt, foamed ceramics); and configuring an aerosol-forming substrate (Figs 1-4, liquid storage 9, 0070) to be exposed to the airflow from the porous body.
With respect to the limitations of claims 2, 14, 15, 16 and 20, Han teaches the configuring configures such that the aerosol-forming substrate is at least partially retained with a liquid retention medium (liquid storage 9, 0070, PLA fiber, terylene fiber or nylon fiber, which are suitable for liquid storage), the liquid retention medium being directly connected to the porous body (Figs 1, 2, 0071, one end of the porous component (81) lies against one end surface of the said perforated component for liquid storage (9), and contacts the perforated component for liquid storage (9)).
further comprising: configuring the porous body (8, 81) to be selectively connectable (Figs 5-8, mandrils 823, 0067) to the electric heating element (82);
the establishing establishes such that the porous body (8, 81) defines a cavity (atomizing chamber 811, 0066) to receive the electric heating element (81), once the porous body is connected to the electric heating element (Figs 5-8);
the establishing establishes such that a first portion of the porous body is between a liquid retention medium and a distal-most end of the electric heating element once the porous body (Figs 1, 5-8, porous component 8 between liquid storage 9 and heating rod 82) is connected to the aerosol-generating device, the liquid retention medium at least partially containing the aerosol-forming substrate (0070);
the establishing establishes such that the porous body is made from at least one material (0066, the porous component 81 is made of foamed nickel, stainless steel fiber felt, foamed ceramics) that has a specific heat capacity of at least 0.5 J/g.K at 25 degrees Celsius (nickel having a specific heat capacity of 0.502 J/g.K as evidenced by NPL “Specific Heat Capacity of Metals Table Chart”), the at least one material being at least one of glass fibre, glass mat, ceramic (0066, the porous component 81 is made of…foam ceramics), silica, alumina, carbon, and minerals.
Claims 1-6, 8, 10, 12, 14, 15, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Zuber (US 2014/0373856).
With respect to the limitations of claim 1, Zuber teaches a method of making an aerosol-generating article (title, abstract), comprising: establishing a porous body (Fig 1, front plug 2, 0026, 0053, ceramic, zeolite) to absorb heat from an electric heating element (heating element 8, 0067, 0068) and emit at least some of the absorbed heat into an airflow that is drawn through the porous body (the front plug 2 made of porous ceramic zeolite absorbs heat from heating element 8 for radiant heating of drawn airflow), the porous body being non-combustible (0026, ceramic, zeolite); and configuring an aerosol-forming substrate (aerosol-forming substrate 7, 0038, 0056, liquid aerosol-forming substrate) to be exposed to the airflow from the porous body.
With respect to the limitations of claims 2, 3, 4, 5, 6, 8, 10, 12, 14, 15, 18 and 20, Zuber teaches the configuring configures such that the aerosol-forming substrate (aerosol-forming substrate 7) is at least partially retained with a liquid retention medium (0038, alternatively or in addition, the liquid aerosol-forming substrate may be absorbed into a porous carrier material. The porous carrier material may be made from any suitable absorbent plug or body, for example, a foamed metal or plastics material, polypropylene, Terylene (polyethylene terephthalate), nylon fibres or ceramic), the liquid retention medium being directly connected to the porous body (Fig 1, front plug 2 in contact with aerosol-forming substrate 7);
the establishing establishes such that the porous body is on a distal-most end of the aerosol-generating article (Fig 1, front plug 2 located at a distal-most end of smoking article 1, 0053);
further comprising: configuring the porous body (2) to be selectively connectable to an aerosol-generating device, the aerosol-generating device including the electric heating element (aerosol generating device 11, sheath 12, heating element 8, 0062-0065);
the establishing establishes such that porous body (2) is penetrated by the electric heating element (8), once the porous body is connected to the aerosol-generating device (see figures 1-3, 0064);
the configuring configures such that the aerosol-forming substrate is in a frangible capsule contained within a liquid retention medium (0038, liquid aerosol-forming substrate may be provided in a capsule);
the establishing establishes such that the porous body defines a cavity (Figs 2A, 2B, through-hole 103, 303, 0073-0075) to receive the electric heating element (8), once the porous body is connected to the aerosol-generating device;
the establishing establishes such that the porous body is pierceable (Fig 2, slits 23, 0055) by the electric heating element (8), once the porous body is connected to the aerosol-generating device;
further comprising: configuring the porous body (2) to be selectively connectable to the electric heating (8) element (see figures 1-3, 0064);
the establishing establishes such that the porous body defines a cavity (Figs 2A, 2B, through-hole 103, 303, 0073-0075) to receive the electric heating element (8), once the porous body is connected to the electric heating element;
the establishing establishes such that the porous body is made from at least one material that has a specific heat capacity of at least 0.5 J/g.K at 25 degrees Celsius (Fig 1, front plug 2, 0026, 0053, ceramic, zeolite), the at least one material being at least one of glass fibre, glass mat, ceramic, silica, alumina, carbon, and mineral (0026, ceramic, zeolite).
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 6, 7, 18 and 19 are rejected under 35 U.S.C. 103 as being obvious over Zuber (US 2014/0373856) as applied to claims 1, 4 and 5, further in view of Irby (US 3,390,686).
With respect to the limitations of claims 6, 7, 18 and 19, Zuber discloses the claimed invention except for the configuring configures such that the aerosol-forming substrate is in a frangible capsule contained within a liquid retention medium; the configuring configures such that the liquid retention medium absorbs at least some of the aerosol-forming substrate, once the frangible capsule is ruptured.
However, Irby discloses the configuring configures such that the aerosol-forming substrate is in a frangible capsule (Fig 2, capsule 13 containing a slurry of carbon particles suspended in treating liquid 15, Col 4, Lines 6-11) contained within a liquid retention medium (sponge 11, Col 4); the configuring configures such that the liquid retention medium absorbs at least some of the aerosol-forming substrate, once the frangible capsule (Col 4, Lines 5-15, when the capsules are ruptured, the released liquid causes the sponge to expand and fill the void left by the ruptured capsules) is ruptured is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the method for making an aerosol-generating article of Zuber having a liquid retention medium silent to a frangible capsule with the configuring configures such that the aerosol-forming substrate is in a frangible capsule contained within a liquid retention medium; the configuring configures such that the liquid retention medium absorbs at least some of the aerosol-forming substrate, once the frangible capsule is ruptured of Irby for the purpose of providing a known capsule, liquid retention medium delivery configuration that releases treating liquid into the liquid retention medium upon rupturing of the capsule (Col 4, Lines 10-15), thereby improving the overall satisfaction of the user.
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being obvious over Zuber (US 2014/0373856) as applied to claims 1, 4, 5, 14 and 15, further in view of Han (US 2009/0095311).
With respect to the limitations of claims 9 and 16, Zuber discloses the claimed invention except for the establishing establishes such that a first portion of the porous body is between a liquid retention medium and a distal-most end of the electric heating element once the porous body is connected to the aerosol-generating device, the liquid retention medium at least partially containing the aerosol-forming substrate. However, Han discloses the establishing establishes such that a first portion of the porous body is between a liquid retention medium and a distal-most end of the electric heating element once the porous body (Figs 1, 5-8, porous component 8 between liquid storage 9 and heating rod 82) is connected to the aerosol-generating device, the liquid retention medium at least partially containing the aerosol-forming substrate (0070) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the method for making an aerosol-generating article of Zuber having a porous body, liquid retention medium and electric heating element with the establishing establishes such that a first portion of the porous body is between a liquid retention medium and a distal-most end of the electric heating element once the porous body is connected to the aerosol-generating device, the liquid retention medium at least partially containing the aerosol-forming substrate of Han for the purpose of providing a known configuration that rearranges the porous body in a known location that allows for an aerosol to be suitable formed.
Claim 10 and 11 are rejected under 35 U.S.C. 103 as being obvious over Zuber (US 2014/0373856) in view of Han (US 2009/0095311) as applied to claims 1, 4, 5 and 9, further in view of Irby (US 3,390,686).
Claims 10 and 11 are similarly rejected as set forth in the rejection of claims 6 and 7 above.
Claims 13 and 17 are rejected under 35 U.S.C. 103 as being obvious over Zuber (US 2014/0373856) as applied to claims 1, 4 and 14, further in view of Mironov (WO 2015/176898).
With respect to the limitations of claims 13 and 17, Zuber teaches further comprising: configuring the porous body to be selectively connectable to the electric heating element (Figs 1, 2). Zuber discloses the claimed invention except for the electric heating element being a susceptor. However, Mironov discloses the electric heating element being a susceptor (Fig 1, susceptor 25, Pg 13, Par 1, 2) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the method for making an aerosol-generating article of Zuber having a porous body to be selectively connectable to the electric heating element silent to a susceptor with the electric heating element being a susceptor of Mironov for the purpose of providing a known heater configuration that is inductively heated to a sufficient temperature to form an aerosol within the aerosol-forming substrate (Pg 15, Par 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THIEN S TRAN/Primary Examiner, Art Unit 3761 4/22/2026
Prosecution Insights