DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to applicant’s election filed September 14, 2024. Claims 1-5, 7-10, 12, 14-15, 17, 22-23, 28-29, and 31 were elected. Claims 34-35 are withdrawn.
Election/Restriction
Claims 34-35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected system and method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on September 14, 2026.
Applicant’s right to pursue rejoinder or a divisional application is acknowledged.
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, 4-5, 9-10, 12, 17, and 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20210177046 A1 (hereinafter SEBASTIAN). SEBASTIAN was made of record on applicant’s information disclosure statement filed March 15 2024.
Regarding claim 1, SEBASTIAN discloses an aerosol provision device (Fig. 5 HNB tobacco product 10E, ¶92) for generating aerosol from an aerosol generating article (Fig. 1, heat-not-burn tobacco product 10A, ¶43). SEBASTIAN discloses a first section (Fig. 1, a second heating section 120, ¶43) housing a first aerosol generating material (Fig. 1, a solid tobacco substrate 120a, ¶46) and a second section (Fig. 1, a first heating section 110, ¶43) housing a second aerosol generating material (Fig. 1, a liquid aerosol precursor, ¶44), wherein the aerosol provision device comprises: a first aerosol generator (Fig. 4, second heater 182, ¶76) comprising a first heating element for causing aerosol to be generated from the first aerosol generating material; a second aerosol generator (Fig. 4, first heater 181, ¶76) comprising a second heating element for causing aerosol to be generated from the second aerosol generating material; and an insulating member (Fig. 4, insulating layer 183, ¶77) arranged between the first and second heating elements.
Regarding claim 4, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN further discloses the first aerosol generator comprises a first resistive heater (Fig. 4, second heater 182, ¶76) comprising the first heating element (¶78). SEBASTIAN discloses that the electrical heating device can be accomplished by resistive heating (¶84-¶85).
Regarding claim 5, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN further discloses wherein the first resistive heater is tubular (¶49, ¶96).
Regarding claim 9, SEBASTIAN discloses the aerosol provision device as claimed in 4. SEBASTIAN further discloses wherein the second aerosol generator comprises a second resistive heater (Fig. 4, second heater 181, ¶76) comprising the second heating element (¶78). SEBASTIAN discloses that the electrical heating device can be accomplished by resistive heating (¶84-¶85).
Regarding claim 10, SEBASTIAN discloses the aerosol provision device as claimed in 9. SEBASTIAN further discloses wherein the second resistive heater is tubular (¶49, ¶96).
Regarding claim 12, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN further discloses wherein the insulating member is arranged between an end of the first heating element and an end of the second heating element (¶77).
Regarding claim 17, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN further discloses wherein the insulating member is arranged so as to be in physical contact with the first heating element and/or the second heating element (as shown in at least Fig. 4, ¶77).
Regarding claim 22, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN further discloses wherein the aerosol provision device further comprises an opening (Fig. 4, ¶76) through which the aerosol generating article is inserted, in use, and wherein the first aerosol generator is arranged closer to the opening than the second aerosol generator (As shown in Fig. 4).
Regarding claim 23, SEBASTIAN discloses the aerosol provision device as claimed in 22. SEBASTIAN further discloses further comprising control circuitry (¶78, PCB and a microcontroller) arranged to activate both the first aerosol generator and the second aerosol generator and to heat, in use, the second section of the aerosol generating article to a lower temperature than the first section of the aerosol generating article (¶69). Further a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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 2-3, 7-8, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over SEBASTIAN as applied to claim 1 above, and further in view of US 20220386697 A1 (hereinafter BATISTA).
Regarding claim 2, SEBASTIAN discloses the aerosol provision device as claimed in claim 1. SEBASTIAN does not disclose wherein the first aerosol generator comprises a first induction coil and a first susceptor comprising material that is heatable by penetration with a varying magnetic field, wherein the first susceptor comprises the first heating element.
BATISTA teaches an inductive heating element for an aerosol-generating system (abstract). BATISTA teaches a first inductive heating unit 112 comprising a cylindrical, tubular first inductor coil 150 (Fig. 5, ¶176). BATISTA teaches that the heating unit comprises a susceptor 122 (¶181). BATISTA teaches that the coil is arranged to supply a varying electric current with a magnetic field that heats the susceptor (¶11). BATISTA teaches that the use of magnetic field heating results in increasing the efficiency of the inductive heating arrangement (¶91).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SEBASTIAN to provide wherein the first aerosol generator comprises a first induction coil and a first susceptor comprising material that is heatable by penetration with a varying magnetic field, wherein the first susceptor comprises the first heating element as taught in BATISTA. A person of ordinary skill in the art would obviously select an inductive heating coil and susceptor to heat the material with a varying magnetic field. Doing so would increase the efficiency of the heating arrangement (BATISTA ¶91).
Regarding claim 3, modified SEBASTIAN discloses the aerosol provision device as claimed in claim 2. SEBASTIAN does not disclose the first susceptor is tubular.
BATISTA teaches an inductive heating element for an aerosol-generating system (abstract). BATISTA teaches a first inductive heating unit 112 comprising a cylindrical, tubular first inductor coil 150 (Fig. 5, ¶176). BATISTA teaches that the heating unit comprises a susceptor 122 (¶181). As can be seen in Fig. 2, the susceptor 122 is tubular. BATISTA teaches that the coil is arranged to supply a varying electric current with a magnetic field that heats the susceptor (¶11). BATISTA teaches that the use of magnetic field heating results in increasing the efficiency of the inductive heating arrangement (¶91).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SEBASTIAN to provide the first susceptor is tubular as taught in BATISTA. A person of ordinary skill in the art would obviously select tubular susceptor to heat the material with a varying magnetic field. Wherein the devices of both SEBASTIAN and BATISTA are tubular to accommodate a cylindrical smoking article, selection of a cylindrical heating portion for the insertion portion is an obvious choice. Further use of a coil and susceptor would increase the efficiency of the heating arrangement (BATISTA ¶91).
Regarding claim 7, SEBASTIAN discloses the aerosol provision device as claimed in claim 1. SEBASTIAN does not disclose the second aerosol generator comprises a second induction coil and a second susceptor comprising material that is heatable by penetration with a varying magnetic field, wherein the second susceptor comprises the second heating element.
BATISTA teaches an inductive heating element for an aerosol-generating system (abstract). BATISTA teaches a second inductive heating unit 114 comprising a cylindrical, tubular second inductor coil 160 (Fig. 5, ¶176). BATISTA teaches that the heating unit comprises a second susceptor 124 (¶181). BATISTA teaches that there are several inductive heating units. An embodiment is disclosed wherein there are at least three complete inductive heating units (Fig. 5, first inductive heating unit 112, second inductive heating unit 114, third inductive heating unit 116, ¶175). BATISTA teaches that the coil is arranged to supply a varying electric current with a magnetic field that heats the susceptor (¶11). BATISTA teaches that the use of magnetic field heating results in increasing the efficiency of the inductive heating arrangement (¶91).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SEBASTIAN to provide the second aerosol generator comprises a second induction coil and a second susceptor comprising material that is heatable by penetration with a varying magnetic field, wherein the second susceptor comprises the second heating element as taught in BATISTA. A person of ordinary skill in the art would obviously select an inductive heating coil and susceptor to heat the material with a varying magnetic field. Doing so would increase the efficiency of the heating arrangement (BATISTA ¶91). Further a person of ordinary skill in the art would use several inductive heating units because doing so would allow for different flux concentration (¶179).
Regarding claim 8, modified SEBASTIAN discloses the aerosol provision device as claimed in claim 7. SEBASTIAN does not disclose wherein the second susceptor is tubular.
BATISTA teaches an inductive heating element for an aerosol-generating system (abstract). BATISTA teaches a second inductive heating unit 114 comprising a cylindrical, tubular second inductor coil 160 (Fig. 5, ¶176). BATISTA teaches that the heating unit comprises a second susceptor 124 (¶181). As can be seen in Fig. 2, the susceptor 124 is tubular. BATISTA teaches that the coil is arranged to supply a varying electric current with a magnetic field that heats the susceptor (¶11). BATISTA teaches that the use of magnetic field heating results in increasing the efficiency of the inductive heating arrangement (¶91).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SEBASTIAN to provide wherein the second susceptor is tubular as taught in BATISTA. A person of ordinary skill in the art would obviously select tubular susceptor to heat the material with a varying magnetic field. Wherein the devices of both SEBASTIAN and BATISTA are tubular to accommodate a cylindrical smoking article, selection of a cylindrical heating portion for the insertion portion is an obvious choice. Further use of a coil and susceptor would increase the efficiency of the heating arrangement (BATISTA ¶91).
Regarding claim 14, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN does not disclose an end or a lip of the first heating element is received or located within a hole or a recess formed within the insulating member.
BATISTA teaches an intermediate member 130, 128, 132 between each susceptor (Figs. 2-3). BATISTA teaches that the intermediate member may be tubular (¶60). BATISTA teaches that the intermediate member and the susceptor are substantially aligned end-to-end (¶61). BATISTA teaches that the inner cavity of the first susceptor, the intermediate member, and the second tubular susceptor define the inductive heating element cavity (¶61). BATISTA teaches that the intermediate member comprises a thermally insulative material (¶65). BATISTA teaches that the diameter of the intermediate elements is identical to the susceptor such that the outer surface may be aligned flush (¶166). In the embodiment of Fig. 9, the heating element is received within a hole formed on the insulating member 300.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SEBASTIAN to provide an end or a lip of the first heating element is received or located within a hole or a recess formed within the insulating member as taught in BATISTA. A person of ordinary skill in the art would obviously provide an intermediate member arranged at ends of the heaters. Doing so would facilitate the selective heating of regions of the device and reduce heat transfer from the hither temperature to the lower temperature by cooling adjacent ends (BATISTA ¶9).
Regarding claim 15, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN does not disclose an end or a lip of the second heating element is received or located within a hole or a recess formed within the insulating member.
BATISTA teaches an intermediate member 130, 128, 132 between each susceptor (Figs. 2-3). BATISTA teaches that the intermediate member may be tubular (¶60). BATISTA teaches that the intermediate member and the susceptor are substantially aligned end-to-end (¶61). BATISTA teaches that the inner cavity of the first susceptor, the intermediate member, and the second tubular susceptor define the inductive heating element cavity (¶61). BATISTA teaches that the intermediate member comprises a thermally insulative material (¶65). BATISTA teaches that the diameter of the intermediate elements is identical to the susceptor such that the outer surface may be aligned flush (¶166). In the embodiment of Fig. 9, the heating element is received within a hole formed on the insulating member 300.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SEBASTIAN to provide an end or a lip of the second heating element is received or located within a hole or a recess formed within the insulating member as taught in BATISTA. A person of ordinary skill in the art would obviously provide an intermediate member arranged at ends of the heaters. Doing so would facilitate the selective heating of regions of the device and reduce heat transfer from the hither temperature to the lower temperature by cooling adjacent ends (BATISTA ¶9).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over SEBASTIAN as applied to claim 1 above, and further in view of US 20170042243 A1 (hereinafter PLOJOUX).
Regarding claim 28, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN does not disclose an aluminum shroud which is arranged external to the first aerosol generator and/or the second aerosol generator in order to retain heat within the aerosol provision device and/or to reduce heat transfer to an outermost housing of the aerosol provision device.
PLOJOUX teaches an electrically heated aerosol-generating system including a tubular portion to receive the aerosol generating article (abstract). PLOJOUX teaches that the device has an aluminum sheath 26 that lines the inner surface of the tubular housing (Fig. 1, ¶47). The combination of the sheath 26, the annular portion 28, and the patch 24 read upon the instant application recitation of a shroud. The aluminum of PLOJOUX provides efficient heat transfer from the heater element (¶47).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SEBASTIAN to provide an aluminum shroud which is arranged external to the first aerosol generator and/or the second aerosol generator in order to retain heat within the aerosol provision device and/or to reduce heat transfer to an outermost housing of the aerosol provision device as taught in PLOJOUX. A person of ordinary skill in the art would obviously use an aluminum shroud around the heater and article. Doing so would provide efficient heat transfer (PLOJOUX ¶47).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over SEBASTIAN as applied to claim 1 above, and further in view of US 20190082735 A1 (hereinafter PHILLIPS).
Regarding claim 29, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN does not disclose one or more layers of graphite or graphite tape which are arranged external to the first aerosol generator and/or the second aerosol generator in order to retain heat within the aerosol provision device and/or to reduce heat transfer to an outermost housing of the aerosol provision device.
PHILLIPS teaches a smoking article with a heat source to generate an aerosol (abstract). PHILLIPS teaches an exemplary embodiment wherein the tubular casing is comprised of a thermally- insulating material such as graphite (Fig. 2C, ¶76). PHILLIPS teaches that the thermally-insulating tubular casing is able to distribute and dissipate heat such that the external surface temperature, especially near the heat source, is not excessively hot and reducing the likelihood of scorching (¶76).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SEBASTIAN to provide one or more layers of graphite or graphite tape which are arranged external to the first aerosol generator and/or the second aerosol generator in order to retain heat within the aerosol provision device and/or to reduce heat transfer to an outermost housing of the aerosol provision device as taught in PHILLIPS. A person of ordinary skill in the art would obviously use graphite external to the aerosol generators the heater and article. Doing so would distribute and dissipate heat such that the external surface temperature, especially near the heat source, is not excessively hot and reducing the likelihood of scorching (PHILLIPS ¶76).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over SEBASTIAN as applied to claim 1 above, and further in view of US 20220240587 A1 (hereinafter COURBAT).
Regarding claim 31, SEBASTIAN discloses the aerosol provision device as claimed in 1. SEBASTIAN does not disclose wherein the insulating member is gas impermeable.
COURBAT teaches an aerosol-generating device with a cavity to receive an aerosol-generating article with an inductive heating arrangement (abstract). COURBAT teaches intermediate elements formed from an electrically and thermally insulative material (¶212). COURBAT teaches that the intermediate elements are substantially impermeable to gas such that the tubular susceptor arrangement in total is impermeable to gas from an outer surface (¶212)..
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SEBASTIAN to provide wherein the insulating member is gas impermeable as taught in COURBAT. A person of ordinary skill in the art would obviously use a gas impermeable material for the insulator. Doing so would result in a gas impermeable combined cavity thereby keeping the gas in the cavity (COURBAT ¶212, ¶104).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220095684 A1 to FERRIE which discloses a shroud formed of aluminum to control heat transfer (.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE LYNN MOORE/ Examiner, Art Unit 1747
/Michael H. Wilson/ Supervisory Patent Examiner, Art Unit 1747
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