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 .
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 Objections
Claim 3 objected to because of the following informalities: replace ‘an’ with ‘a’ in line 13. 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.
Claim(s) 1-2 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reevell (US20210378308A1).
In regards to claim 1, Reevell discloses an aerosol-generating device (aerosol generation device 100) comprising:
a pipe (heating chamber 108) having an insertion space (interior of heating chamber 108) defined therein that is elongated along a longitudinal direction;
a substrate (heater 124/backing film 166) configured to cover an outer wall of a side of the pipe (heater 124 is positioned around the heating chamber 108);
and a coupler (thermally insulating layer 146)) configured to couple the pipe (heating chamber 108) and the substrate (heater 124/backing film 166) to each other [0128].
In regards to claim 2, Reevell discloses an aerosol-generating device of claim 1, wherein the substrate (heater 124) has a shape of a film (backing film 126) bent at a predetermined curvature (the backing film 126 has to curve to wrap around the cylindrical heating chamber 108), and surrounds an outer circumferential surface of the side of the pipe (heater 124 wraps around heating chamber 108).
In regards to claim 10, Reevell discloses an aerosol-generating device of claim 1, wherein the substrate (backing film 166) has a surface attached to the outer wall of the pipe (side wall 126) via an adhesive member (strike layer; Annotated Fig 15 below shows the backing film wrapped around the outer portion of the side wall 126 of the heating chamber 108. The metallic layer 144 is electroplated on to the side wall 126, it may be necessary to first form a “strike layer” to ensure that the electroplated layer adheres to the outer surface [0121]).
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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.
Claim 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US20210378308A1), in view of Kim (WO2021006611A2 (from the IDS) – Espacenet English Translation used).
In regards to claim 8, Reevell discloses the aerosol-generating device according to claim 1. Reevell further discloses a substrate (backing layer 166 of heater 124) having a temperature sensor 170 mounted on the substrate (temperature sensor 170 is provided on backing layer 166 of heater 124.) [0117]. Reevell further discloses that temperature sensor 170 may be integral with the heating element 164, wherein temperature is detected by monitoring a change in resistance of heating element 164.
Reevell fails to disclose wherein the temperature sensor is configured to sense a change in inductance around the substrate.
Kim teaches a portable aerosol generator comprising a heater (14) that is an induction coil type heater and a sensing means (17) comprising an inductance and capacitance sensing sensor connected to the heater (14) ([0031], [0048]). Kim further teaches that the heater (14) surrounds a conductor (19) into which an aerosol-forming material (11) is inserted and that, when the aerosol-forming material (11) is inserted into the conductor (19), the inductance value and/or capacitance value measured by the sensing means (17) from the heater (14) changes ([0048]/[0049]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sensor associated with the substrate/heater of Reevell to sense a change in inductance, as taught by Kim, in order to detect the presence and/or characteristics of an aerosol-forming material received in the device and to control the heating operation based upon the detected condition. Kim expressly teaches determining whether an aerosol-forming material is accommodated in the cavity according to changes in inductance and capacitance values ([0049]).
In regards to claim 9, Reevell discloses the aerosol-generating device according to claim 8. Reevell further teaches that heater 124 has multiple heating elements (164) distributed close to the heating chamber (108), including heating elements distributed around the circumference of the heating chamber, and that more than one sensor may be provided to monitor different parts of the aerosol-generating device ([0120]/[0178]).
Reevell fails to expressly disclose a second substrate disposed opposite the substrate with respect to the insertion space to cover an outer wall of another side of the pipe, the second substrate having a second sensor mounted therein to sense a change in capacitance around the second substrate.
Kim teaches that the sensing means (17) comprises an inductance and capacitance sensing sensor connected to the induction coil type heater (14) ([0031]/[0048]). Kim further teaches measuring changes in both inductance and capacitance values and determining whether the measured changes fall within respective predetermined allowable ranges ([0042]). In particular, Kim teaches that when an aerosol-forming material (11) is inserted into the cylindrical conductor (19), the inductance value or capacitance value measured by the sensing means (17) from the heater (14) changes ([0048]). Kim further teaches that the sensing means first measures a change in inductance and subsequently measures a change in capacitance to determine whether the aerosol-forming material satisfies predetermined conditions ([0056]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Reevell to provide a second substrate and associated sensor on an opposite side of the heating chamber and to configure the second sensor to sense a change in capacitance, as taught by Kim, in order to obtain sensing/monitor (capacitance) from multiple locations of the aerosol-generating device ([0178]).
Allowable Subject Matter
Claim(s) 3-7 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.
The following is a statement of reasons for the indications of the allowable subject matter:
The closest prior art is Reevell (WO2021006611A2), which discloses above the aerosol generating device of claim 1 as set forth above.
In regards to claim 3, Reevell does not teach the claimed coupling arrangement between the pipe and substrate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH C NNABUGWU whose telephone number is (571)272-8791. The examiner can normally be reached Mon-Thurs. 8:30am-5:00pm.
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/H.C.N./ Examiner, Art Unit 1747
/Christopher M Rodd/ Primary Examiner, Art Unit 1766
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