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 .
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 2026 August 3 is acknowledged.
Claims 19 and 22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claims 1-7, 10-14, 18, 20-21, and 23-25 are presently examined.
Claim Objections
Claims 13-14 and 20 are objected to because of the following informalities:
Claims 13-14: “the first and second parts” are suggested to be “the first part and the second part”.
Claim 20: “claim 18 , wherein” should be “claim 18, wherein”.
Appropriate correction is required.
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 1-7, 10-14, 18, 20-21, and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rogan (WO 2019224069 A1).
Claim 1: Rogan teaches an aerosol generating device (fig. 2 and p. 15, lines 6-23, #10) for generating an aerosol from aerosol-generating material (26), the aerosol generating device comprising:
a receptacle defining a heating zone (volume which receives #124) configured to receive at least a portion of an article (124) comprising the aerosol-generating material (26), a first heating element (centermost 36) protruding in the heating zone and configured to heat the heating zone (centermost #36 protrudes into #124 and can heat #124 and #26 contained therein), and a second heating element (34) protruding in the heating zone and configured to heat the heating zone (#34 protrudes into #124 and can heat #124 and #26 contained therein); wherein the first heating element (centermost 36) protrudes from a different side of the heating zone (volume which receives #124) than the second heating element (34).
Claim 2: Rogan teaches the aerosol generating device of claim 1, wherein the first heating element (fig. 2 and p. 15, lines 6-23, centermost #36) and the second heating element (34) protrude in the heating zone on a common axis (longitudinal axis).
Claim 3: Rogan teaches the aerosol generating device of claim 1, wherein the second heating element (fig. 2 and p. 15, lines 6-23, #34) is at least partially retractable from the heating zone (p. 3, lines 16-19, mouthpiece #32 is removable which teaches that attached projecting element #34 is retractable and withdrawable from the volume which receives #124).
Claim 4: Rogan teaches the aerosol generating device of claim 1, wherein the second heating element (fig. 2 and p. 15, lines 6-23, #34) is arranged to be withdrawn from the heating zone (p. 3, lines 16-19, mouthpiece #32 is removable which teaches that attached projecting element #34 is retractable and withdrawable from the volume which receives #124).
Claim 5: Rogan teaches the aerosol generating device of claim 1, wherein the first heating element (fig. 2 and p. 15, lines 6-23, centermost #36) and the second heating element (34) are configured to be moved into (one of ordinary skill would envisage that fig. 2 shows #34 and centermost #36 abutting) and out of abutment (p. 3, lines 16-19, mouthpiece #32 is removable which teaches that #34 and centermost #36 are separable) with each other.
Claim 6: Rogan teaches the aerosol generating device of claim 1, wherein an end (fig. 2 and p. 15, lines 6-23, bottommost end of centermost #36) of the first heating element (centermost 36) protruding in the heating zone is spaced from an end (topmost end of 34) of the second heating element (34) protruding in the heating zone.
Claim 7: Rogan teaches the aerosol generating device of claim 1, further comprising a first part (fig. 2 and p. 14, lines 27-32, #16) including the first heating element (centermost 36) and at least part of the receptacle (housing which receives #124), and a second part (32) comprising the second heating element (34).
Claim 10: Rogan teaches the aerosol generating device of claim 7, wherein the first part (fig. 2 and p. 14, lines 27-32, #16 is a device body) comprises a main body of the aerosol provision device (10), and the second part (#32 is a mouthpiece) comprises a mouthpiece.
Claim 11: Rogan teaches the aerosol generating device of claim 7, wherein the first part (fig. 2 and p. 14, lines 27-32, #16) defines at least a portion of the receptacle (#16 defines a bottommost wall and side walls of the housing which receives #124).
Claim 12: Rogan teaches the aerosol generating device of claim 7, wherein the second part (fig. 2 and p. 14, lines 27-32, #32) defines at least a portion of the receptacle (#32 defines a topmost wall of the housing which receives #124).
Claim 13: Rogan teaches the aerosol generating device of claim 7, wherein the first part (fig. 2 and p. 14, lines 27-32, #16) and the second part (32) are in slidable connection (p. 3, lines 16-19, mouthpiece #32 is removable which teaches that #16 and #32 can be separated by sliding #32 upwards from #16).
Claim 14: Rogan teaches the aerosol generating device of claim 7, wherein the first part (fig. 2 and p. 14, lines 27-32, #16) and the second part (32) are movable (p. 3, lines 16-19, mouthpiece #32 is removable) between a first operating condition (condition in which #32 is attached) in which the heating zone (volume which receives #124) is at least substantially enclosed and a second operating condition (condition in which #32 is removed) in which the heating zone (volume which receives #124) is accessible.
Claim 18: Rogan teaches an aerosol generating device (fig. 2 and p. 15, lines 6-23, #10) for generating an aerosol from aerosol-generating material (26), the aerosol generating device comprising:
a receptacle defining a heating zone (volume which receives #124) configured to receive at least a portion of an article (124) comprising the aerosol-generating material (26), a first heating element (centermost 36) configured to heat a first region of the heating zone (centermost #36 can heat #124 and #26 contained therein), and a second heating element (34) configured to heat a second region of the heating zone (#34 can heat #124 and #26 contained therein);
wherein the second heating element (34) is movable relative to the first heating element (p. 3, lines 16-19, mouthpiece #32 is removable which teaches that attached projecting element #34 is movable relative to centermost #36).
Claim 20: Rogan teaches the aerosol generating device of claim 18, wherein the first heating element (fig. 2 and p. 15, lines 6-23, centermost #36) and the second heating element (34) protrude in the heating zone (volume which receives #124).
Claim 21: Rogan teaches the aerosol generating device of claim 18, wherein the second heating element (fig. 2 and p. 15, lines 6-23, #34) is at least partially retractable from the heating zone (p. 3, lines 16-19, mouthpiece #32 is removable which teaches that attached projecting element #34 is retractable and withdrawable from the volume which receives #124).
Claim 23: Rogan teaches the aerosol generating device of claim 18, wherein the first heating element (fig. 2 and p. 15, lines 6-23, centermost #36) and the second heating element (34) together define the heating zone (#34 and centermost #36 define edges of the volume which receives #124).
Claim 24: Rogan teaches an aerosol generating device (fig. 2 and p. 15, lines 6-23, #10) for generating an aerosol from aerosol-generating material (26), the aerosol generating device comprising:
a receptacle defining a heating zone (volume which receives #124) configured to receive at least a portion of an article (124) comprising the aerosol-generating material (26), a first heating element (centermost 36) protruding in the heating zone and configured to heat the heating zone (centermost #36 protrudes into #124 and can heat #124 and #26 contained therein), and a second heating element (34) protruding in the heating zone and configured to heat the heating zone (#34 protrudes into #124 and can heat #124 and #26 contained therein);
wherein the first heating element (centermost 36) and the second heating element (34) protrude in the heating zone (volume which receives #124) on a common axis (longitudinal axis).
Claim 25: Rogan teaches an aerosol-generating system (fig. 2 and p. 14, lines 10-13, #2) comprising: an article (p. 15, lines 14-23, #124) comprising aerosol-generating material (26); and the aerosol generating device (10) of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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