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 .
Claim Rejections - 35 USC § 102
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 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.
Claims 1–3 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Mironov (U.S. 2017/0027233 A1).
Regarding claim 1, Mironov teaches an aerosol generating device comprising (an aerosol-generating system comprising device 100 and cartridge 200, ¶ [0070] and Fig. 1);
a container having an outer wall defining a storage space in which an aerosol generating material is stored (cartridge housing 204 holding capillary materials 202, 206 that retain liquid aerosol-forming substrate, ¶¶ [0072], [0077] and Fig. 6);
a member forming at least a portion of the outer wall of the container and configured to absorb the aerosol generating material (disc of first capillary material 206 positioned at an end portion of cartridge housing 204 and retaining liquid aerosol-forming substrate, ¶ [0077] and Fig. 6);
a susceptor disposed adjacent to the member and configured to heat the member (susceptor element 210 contacting first capillary material 206 and becoming hot in use, with a thermal gradient extending across first capillary material 206, ¶ [0077] and Fig. 6); and
a coil comprising a pan coil wound a plurality of times from an innermost turn to an outermost turn (flat spiral inductor coil 136, each embodiment employing a flat spiral coil having multiple turns extending from an innermost turn to an outermost turn, ¶¶ [0069], [0076] and Figs. 3 and 6), the coil being disposed adjacent to the susceptor and configured to inductively heat the susceptor (flat spiral coil 136 positioned adjacent susceptor element 210 and generating a time-varying magnetic field that induces eddy currents and heating in the susceptor element, ¶¶ [0068], [0076] and Fig. 6).
Regarding claim 2, Mironov further teaches wherein a flow path is located between the susceptor and the coil (airflow space between flat spiral coil 136 and susceptor element 210, ¶ [0076] and Fig. 6);
wherein the susceptor is disposed between the member and the coil (susceptor element 210 positioned between first capillary material 206 and flat spiral coil 136, ¶¶ [0076]–[0077] and Fig. 6); and
wherein the susceptor has through-holes through which an aerosol generated in the member is flowable to the flow path (fluid-permeable mesh susceptor through which liquid aerosol-forming substrate or vaporized aerosol-forming substrate may pass, susceptor element 210 being a permeable ferrite mesh, ¶¶ [0032], [0072] and Fig. 6).
Regarding claim 3, Mironov further teaches a main body coupled to the container (main housing 101 defining cavity 112 in which cartridge 200 is received, ¶ [0070] and Fig. 6), the main body comprising a main body housing in which a power source electrically connected to the coil is disposed (main housing 101 containing battery 102 and control electronics 104, flat spiral coil 136 positioned in the main body, and the power supply connected to the flat spiral inductor coil to provide a high-frequency oscillating current, ¶¶ [0008], [0070], [0076] and Fig. 6).
Claims 4–6 are rejected under 35 U.S.C. § 103 over Mironov (US 2017/0027233 A1) in view of Zinovik et al. (US 2017/0119054 A1)
Regarding claim 4, Mironov teaches the aerosol-generating device of claim 3, wherein the outer wall of the container is elongated (cylindrical cartridge housing 204, ¶ [0072] and Fig. 2).
Mironov does not expressly teach the claimed column and lateral-wall configuration.
Zinovik teaches cavity 13 having an internal surface formed by cavity walls 130 and 131, with pin 14 extending from bottom wall 131 along the central longitudinal axis of cavity 13 (¶ [0034] and Fig. 2). Zinovik further teaches that an aerosol-generating insert may snugly fit into the cavity and be held by the internal surface of the cavity, the pin, or both (¶ [0014]).
Zinovik explains that arranging the induction coil in the center of the device rather than in a circumferential portion minimizes the device because no circumferential space is required for the induction coil (¶ [0006]). Zinovik further explains that arranging the pin and induction coil along the central longitudinal axis provides a substantially homogeneous electromagnetic-field distribution throughout the cavity and allows symmetrical or regular heating of the accommodated aerosol-forming insert (¶ [0011]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure Mironov’s cartridge-receiving main body with Zinovik’s central pin 14 and surrounding cavity wall 130 to minimize the circumferential size of the device and provide substantially homogeneous electromagnetic-field distribution and regular heating throughout the cavity. Modified Mironov includes a column extending from the main-body housing and supporting the outer wall of the container, and a lateral wall connected to the column and protruding from the main-body housing.
Regarding claim 5, modified Mironov does not expressly teach the column comprising a coil housing protruding from an inner surface of the column and accommodating the coil.
Zinovik teaches pin 14 enclosing induction coil 15, with induction coil 15 arranged inside and embedded in the pin (¶ [0034] and Fig. 2). Mironov teaches flat spiral induction coil 172 positioned on support blade 176 extending into the central passageway of cartridge 270 (¶ [0090] and Fig. 13).
Zinovik explains that arranging the induction coil within the pin keeps the induction coil and power source separated from the cavity, facilitates cleaning, and permits the pin to be constructed solidly to avoid bending or breaking the coil during repeated insertion of an aerosol-forming insert (¶ [0008]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to accommodate Mironov’s flat spiral induction coil on an inwardly protruding coil support within Zinovik’s central column, thereby maintaining the coil adjacent the susceptor while separating and protecting the coil from the cartridge-receiving cavity.
Regarding claim 6, modified Mironov includes the lateral wall protruding from the main-body housing along a longitudinal direction of the column, defining an installation space in which the container is installed, and having a portion facing the susceptor.
Zinovik teaches device housing 10 having cavity 13 configured to removably receive aerosol-forming insert 2, with pin 14 enclosing induction coil 15 and extending into cavity 13 coaxially with the longitudinal axis of the cavity (¶ [0030] and Fig. 1). Zinovik further teaches that aerosol-forming insert 2 is arranged in cavity 13 with its susceptor positioned to be inductively heated by electromagnetic fields generated by coil 15 (¶ [0035]).
Zinovik explains that the central arrangement of the pin and induction coil allows the electromagnetic field to be distributed from the magnetic axis of the induction coil toward the circumference of the cavity and provides substantially homogeneous heating throughout the cavity (¶ [0011]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to employ Zinovik’s longitudinally extending cavity wall in modified Mironov to define an installation space around the container and provide a portion facing the container’s susceptor, thereby providing substantially homogeneous heating of the container received in the installation space.
Claim 7—9 are rejected under 35 U.S.C. § 103 over Mironov (US 2017/0027233 A1) in view of Zinovik et al. (US 2017/0119054 A1) and Moloney (US 2022/0202090 A1)
Regarding claim 7, modified Mironov teaches the aerosol-generating device of claim 6, including the lateral wall having a contact portion that comes into contact with a portion of the outer wall of the container when the container is installed in the main body.
Zinovik teaches that aerosol-generating insert 2 may snugly fit into cavity 13 and be held by the internal surface of the cavity, pin 14, or both. Zinovik further teaches retaining members on the internal surface of the cavity that grip the insert so that it does not fall out of the cavity but release the insert when a release force is applied (¶ [0014]).
Modified Mironov does not teach the contact portion of the lateral wall having a thickness that increases along a direction leading from a protruding end of the lateral wall toward the main-body housing.
Moloney teaches flow-directing member 60 shaped for engagement with the lower end of reservoir housing 42. When inserted into the lower end of housing 42, member 60 couples with opening 46 and closes and seals reservoir volume 50 (¶ [0039]).
Figure 4 shows the peripheral contact portions of flow-directing member 60 having tapered cross-sections that increase in thickness from their upper ends toward their supporting lower ends (Fig. 4).
Moloney teaches that flow-directing member 60 may be formed from a flexible resilient material and hold housing 42, atomizer 70, and enclosure 80 together by friction fit. Moloney explains that the flexibility of member 60 allows it to conform when pressed against the other parts, accommodates minor errors in the manufactured dimensions, enables quick assembly, and reduces manufacturing costs (¶ [0044]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure the contact portion of Zinovik’s cavity wall 130 according to the tapered peripheral contact portions of Moloney’s flow-directing member 60, such that the contact portion increases in thickness from the protruding end of the lateral wall toward the main-body housing. The modification would permit the contact portion to conform to and maintain engagement with the installed container, accommodate dimensional variations between the container and the installation space, enable quick assembly, and reduce manufacturing costs.
Regarding claim 8, modified Mironov does not expressly teach the susceptor forming a portion of an outer surface of the column and facing the contact portion of the lateral wall, with the member disposed between the contact portion of the lateral wall and the susceptor when the container is mounted to the main body.
Mironov teaches that a susceptor element may be provided on a wall positioned adjacent the flat spiral induction coil and explains that placing the susceptor close to the induction coil maximizes the voltage induced in the susceptor (¶ [0054]).
Mironov further teaches a disc of first capillary material 206 provided to contact susceptor element 210, with first capillary material 206 positioned on the side of susceptor element 210 opposite second capillary material 202 (¶ [0078] and Fig. 6).
Zinovik teaches that aerosol-forming insert 2 may be held by cavity wall 130, central pin 14, or both, such that the insert is positioned between the internal surface of cavity wall 130 and central pin 14 (¶ [0014] and Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to position Mironov’s susceptor element 210 on the outer surface of Zinovik’s central column facing the contact portion of cavity wall 130 and to position first capillary material 206 between the contact portion and the susceptor. The arrangement would position the susceptor close to the induction coil to maximize the voltage induced in the susceptor while placing the liquid-retaining capillary material adjacent the susceptor for heating.
Regarding claim 9, modified Mironov teaches when the container is mounted to the main body, the susceptor coming into contact with the member.
Mironov expressly teaches that first capillary material 206 is provided to contact susceptor element 210 in use (¶ [0078] and Fig. 6). Accordingly, when the container is mounted within the modified main body, susceptor element 210 contacts first capillary material 206.
Claim 10 is rejected under 35 U.S.C. § 103 as being unpatentable over Mironov, (U.S. 2017/0027233 A1), in view of Gill et al., (U.S. 2019/0142066 A1).
Regarding claim 10, Mironov teaches the aerosol-generating device of claim 1 as set forth above but does not expressly teach wherein a flow path is located between the susceptor and the member.
Mironov teaches that the aerosol-forming substrate may be a liquid substrate held in capillary material, that the capillary material may be configured to convey the aerosol-forming substrate to the susceptor element, and that the susceptor element may be spaced from the aerosol-forming substrate but positioned close to the aerosol-forming substrate to heat the aerosol-forming substrate. ¶¶ [0028]–[0029].
Gill teaches a capillary tube 50 having a first end 52 in contact with aerosol-forming liquid 34 and an opposite second end 54 arranged to transfer the conveyed aerosol-forming liquid onto induction-heatable element 36. ¶ [0071]. Gill further teaches that second end 54 of capillary tube 50 is spaced from the surface of induction-heatable element 36. The spacing determines the amount of aerosol-forming liquid 34 stored on the surface of induction-heatable element 36 and can be varied. Gill teaches that, as the spacing between second end 54 and the surface of induction-heatable element 36 increases, the amount of aerosol-forming liquid stored on induction-heatable element 36 increases. As the amount of stored aerosol-forming liquid increases, the amount of aerosol generated when a user inhales through mouthpiece 44 also increases. ¶ [0072] and Fig. 2c.
Mironov and Gill both concern liquid aerosol-generating systems in which capillary material conveys aerosol-forming liquid to an inductively heated element for vaporization. Mironov expressly permits its susceptor element to be spaced from the aerosol-forming substrate, while Gill teaches a specific arrangement for implementing such spacing between a capillary element and an induction-heatable element and identifies the resulting control over the amount of stored liquid and generated aerosol. Gill’s spaced arrangement is therefore compatible with Mironov’s system and does not require changing Mironov’s principle of operation.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to implement Mironov’s expressly contemplated spacing by spacing first capillary material 206 from susceptor element 210 according to Gill’s spaced capillary-element arrangement, thereby providing a liquid-flow path between the capillary material and the susceptor element, to control the amount of aerosol-forming liquid stored on the susceptor element and the amount of aerosol generated.
Conclusion
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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