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 .
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.
Claim(s) 1-5, 7-10, 12, 14-17, 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abi Aoun et al. (WO 2018/178113), with English Equivlanet (US 2020/0022412) in view of Horrod et al (WO 2019/129552), with English Equivalent (US 2020/0324065)
Abi Aoun discloses, regarding claim 1, describes a device comprising: a resonance circuit including a capacitor 106 and resistor 104 in series with an inductor circuit 108, wherein the inductor circuit includes at least one inductor L108, and the resonance circuit has a resonance frequency; a pulse generation circuit 102 for applying one or a plurality of pulses to the resonance circuit; and a control module 114 for controlling the pulse generation circuit. (See, in particular, line 10 on page 10 to line 16 on page 11, and [Fig. 2b]).
Abi Aoun fails to disclose a lossy induction element configured such that at least one inductor acts as a heater.
Butin discloses, regarding claims 1-5, generating pulses for an RC circuit (See Paragraph [0308]); a lossy induction element configured such that at least one inductor acts as a heater (See Paragraph [0077]).
It would have been obvious to a person having ordinary skill in the art, at the time of the invention, to adapt Abi Aoun in view of Butin to provide the lossy inductor as a heater for heating via penetration with a variable magnetic field.
Regarding claim 7, it would have been obvious to provide the aluminum inductor since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 8, Abi Aoun discloses, the controller 114 to cause the RLC resonance circuit 100 to be driven, for example at the resonant frequency f.sub.r of the RLC resonance circuit 100. The resonance circuit 100 thereby inductively heats the susceptor 116, which in turn heats the aerosol generating material 164, and causes the aerosol generating material 164 thereby to generate an aerosol. (See Paragraph [0045]) Regarding claim 9, the controller determines the resonant frequency. (See Paragraph [0048]) Regarding claim 10, the temperature is inferred based on the resonant frequency. (See Paragraph [0067], [0073]) Regarding claims 11-12, the resonant frequency is used to generate pulses and is based on the temperature. (See Paragraphs [0048], [0090]) Regarding claim 14, the generating circuit is an H-bridge. (see Figures) Regarding claim 15, aerosol generating material 164. (See Paragraph [0042])
Abi Aoun discloses, regarding claim 16, 23, describes a device comprising: a resonance circuit including a capacitor 106 and resistor 104 in series with an inductor circuit 108, wherein the inductor circuit includes at least one inductor L108, and the resonance circuit has a resonance frequency; a pulse generation circuit 102 for applying one or a plurality of pulses to the resonance circuit; and a control module 114 for controlling the pulse generation circuit. (See, in particular, line 10 on page 10 to line 16 on page 11, and [Fig. 2b]). See inductor 120 in parallel.
Abi Aoun fails to disclose a lossy induction element configured such that at least one inductor acts as a heater.
Butin discloses, regarding claims 16-17, generating pulses for an RC circuit (See Paragraph [0308]); a lossy induction element configured such that at least one inductor acts as a heater (See Paragraph [0077]).
It would have been obvious to a person having ordinary skill in the art, at the time of the invention, to adapt Abi Aoun in view of Butin to provide the lossy inductor as a heater for heating via penetration with a variable magnetic field.
Regarding claim 19, Abi Aoun discloses, the controller 114 to cause the RLC resonance circuit 100 to be driven, for example at the resonant frequency f.sub.r of the RLC resonance circuit 100. The resonance circuit 100 thereby inductively heats the susceptor 116, which in turn heats the aerosol generating material 164, and causes the aerosol generating material 164 thereby to generate an aerosol. (See Paragraph [0045]) Regarding claim 20-22, the controller determines the resonant frequency. (See Paragraph [0048]) The temperature is inferred based on the resonant frequency. (See Paragraph [0067], [0073]) The resonant frequency is used to generate pulses and is based on the temperature. (See Paragraphs [0048], [0090])
Allowable Subject Matter
Claims 6, 11, 13, 18 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761
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