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 1-3, 6-7, 9, 11, 13-14, and 17-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sutton (US 2024/0138480).
Regarding claim 1, Sutton [Fig. 2-4] teaches an aerosol generating device 100 for heating an aerosol generating substrate 110 to generate an aerosol for inhalation [0089-0090], the aerosol generating device comprising: a heat pipe 230 comprising: a liquid which is vaporisable to form a vapour [0105-0106]; a first end 224 arranged to be positioned away from the aerosol generating substrate 110; a second end 223; a heater 225 positioned at the first end of the heat pipe for heating and vaporising the liquid [0141-0145]; and at least one heat transfer surface (formed by second end 223) positioned away from the first end of the heat pipe for transferring heat from the vapour to the aerosol generating substrate to thereby heat the aerosol generating substrate [0147].
Regarding claim 2, Sutton teaches at least the second end 223 is arranged to be positioned adjacent to the aerosol generating substrate 110 to position the at least one heat transfer surface adjacent to the aerosol generating substrate [Fig. 4].
Regarding claim 3, Sutton teaches a portion of the heat pipe 230 extending from a position between the first end 224 and the second end 223 of the heat pipe to a position at the second end 223 of the heat pipe is arranged to be positioned adjacent to the aerosol generating substrate 110 to position the at least one heat transfer surface adjacent to the aerosol generating substrate [Fig. 4].
Regarding claim 6, Sutton teaches the heater comprises a resistive heating element [0151-0152].
Regarding claim 7, Sutton teaches the heater 225 is attached to an outer surface of the heat pipe at the first end 224 [0142-0143; Fig. 4].
Regarding claims 9 and 11, Sutton teaches the heater comprises an inductively heatable susceptor and the aerosol generating device comprises an induction coil arranged to generate an alternating electromagnetic field for inductively heating the inductively heatable susceptor [0129, 0144]. The susceptor collar 225 [Fig. 4] is interpreted as an elongate susceptor element.
Regarding claim 13, Sutton teaches the liquid has a boiling point of 200-350°C [0109].
Regarding claim 14, Sutton [Fig. 2-4] teaches an aerosol generating system comprising an aerosol generating device 100 and a cartridge 110 containing an aerosol generating liquid releasably connectable to the aerosol generating device [0086-0087], the aerosol generating device comprising: a heat pipe 230 comprising: a liquid which is vaporisable to form a vapour [0105-0106]; a first end 224 arranged to be positioned away from the aerosol generating liquid 110; a second end 223; a heater 225 positioned at the first end of the heat pipe for heating and vaporising the liquid [0141-0145]; a heat transfer surface at the second end 223 of the heat pipe, the heat transfer surface being positioned adjacent to the aerosol generating liquid 110 for transferring heat from the vapour to the aerosol generating liquid to thereby heat the aerosol generating liquid [0147].
Regarding claim 17, Sutton [Fig. 2-4] teaches an aerosol generating system comprising an aerosol generating device 100 and a cartridge 110 containing a non-liquid aerosol generating substrate releasably connectable to the aerosol generating device [0086-0087], the aerosol generating device comprising: a heat pipe 230 comprising: a liquid which is vaporisable to form a vapour [0105-0106]; a first end 224 arranged to be positioned away from the substrate 110; a second end 223; a heater 225 positioned at the first end of the heat pipe for heating and vaporising the liquid [0141-0145]; and at least one heat transfer surface at second end 223 positioned away from the first end of the heat pipe for transferring heat from the vapour to the substrate to thereby heat the substrate [0147].
Regarding claim 18, Sutton teaches a portion of the heat pipe 230 extending from a position between the first end and the second end of the heat pipe to a position at the second end of the heat pipe is positioned in the non-liquid aerosol generating substrate 110 to position the at least one heat transfer surface in the non-liquid aerosol generating substrate 110 [Fig. 4].
Regarding claim 19, Sutton teaches the aerosol generating device includes a heating chamber 211 for receiving the non-liquid aerosol generating substrate, and the heat pipe 230 extends into the heating chamber 211 so that the at least one heat transfer surface 223 is positioned in the heating chamber 211 [0004-0005; Fig. 4].
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.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Sutton as applied to claim 1 above, and further in view of Amura (US 2003/0155637).
Sutton does not teach the heat pipe comprises a heat transfer element positioned at the second end and the at least one heat transfer surface is at least partly defined by the heat transfer element. Amura teaches a heat sink apparatus wherein to enhance heat transfer, an additional layer of thermally conductive material such as a metal mesh is provided [0027]. It would have been obvious to one of ordinary skill in the art to apply this concept to the device of Sutton such that a metal mesh heat transfer element (i.e. including a plurality of openings) is positioned at the second end and the at least one heat transfer surface is at least partly defined by the heat transfer element, in order to enhance heat transfer as suggested by Amura.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sutton as applied to claim 1 above, and further in view of Chong (US 2008/0164009).
Sutton does not teach the heater is embedded in a side wall of the heat pipe at the first end. Chong teaches a heat pipe wherein the heater is embedded in a side wall to save heating costs and provide efficient heater transfer [0012, 0026]. It would have been obvious to one of ordinary skill in the art to embed the heater of Sutton in a side wall of the heat pipe at the first end to save heating costs and provide efficient heater transfer as suggested by Chong.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Sutton as applied to claim 1 above, and further in view of North (US 2020/0370838).
Sutton teaches the heat pipe includes a wick positioned inside the heat pipe to convey condensed liquid, held in the heat pipe, from the second end to the first end [0106] but does not teach the wick comprises an inductively heatable susceptor material. North teaches a heat pipe comprising a copper powder wick [0020], an inductively heatable susceptor material according to the instant specification [0079 of published application]. As this is a conventional heat pipe wick material known in the art, it would have been obvious to one of ordinary skill in the art to use copper powder for the wick of Sutton to achieve predictable results. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Althorpe (US 20170360092) in view of Sutton (2024/0138480).
Althorpe teaches an aerosol generating system 10 [Fig. 2A-2B] comprising an aerosol generating device 16 and a cartridge 20 containing an aerosol generating liquid releasably connectable to the aerosol generating device, the aerosol generating device comprising a heater 14 including a heat transfer surface positioned adjacent to the aerosol generating liquid for transferring heat from the vapour to the aerosol generating liquid to thereby heat the aerosol generating liquid, the cartridge comprises a liquid store 22 and a liquid transfer element 30 configured to convey aerosol generating liquid from the liquid store to the heat transfer surface [0040, 0044].
Althorpe does not teach a heat pipe. Sutton [Fig. 2-4] teaches an aerosol generating system comprising an aerosol generating device 100 and a cartridge 110 containing an aerosol generating liquid releasably connectable to the aerosol generating device [0086-0087], the aerosol generating device comprising: a heat pipe 230 comprising: a liquid which is vaporisable to form a vapour [0105-0106]; a first end 224 arranged to be positioned away from the aerosol generating liquid 110; a second end 223; a heater 225 positioned at the first end of the heat pipe for heating and vaporising the liquid [0141-0145]; a heat transfer surface at the second end 223 of the heat pipe, the heat transfer surface being positioned adjacent to the aerosol generating liquid 110 for transferring heat from the vapour to the aerosol generating liquid to thereby heat the aerosol generating liquid [0147]. As this is an alternative heating means known in the art for aerosol generation, it would have been obvious to one of ordinary skill in the art to use the heating pipe of Sutton for the heater in the system of Althorpe to achieve predictable results. See MPEP 2144.06 regarding substituting art recognized equivalents known for the same purpose.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Althorpe and Sutton as applied to claim 15 above, and further in view of Amura (US 2003/0155637).
Modified Althorpe does not teach the heat pipe comprises a heat transfer element positioned at the second end and the at least one heat transfer surface is at least partly defined by the heat transfer element. Amura teaches a heat sink apparatus wherein to enhance heat transfer, an additional layer of thermally conductive material such as a metal mesh is provided [0027]. It would have been obvious to one of ordinary skill in the art to apply this concept to the device of modified Althorpe such that a metal mesh heat transfer element (i.e. including a plurality of openings) is positioned at the second end and the at least one heat transfer surface is at least partly defined by the heat transfer element, in order to enhance heat transfer as suggested by Amura.
Conclusion
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/ERIC YAARY/ Examiner, Art Unit 1755
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