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
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.
Claim(s) 37-47, 49-51 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by REEVELL et al. (US 2022/0236574).
Reevell teaches an aerosol-generating device (100) comprising a cavity (124) configured to receive an aerosol-generating article (132); at least one heating element (para. 0066); and a plurality of projections (122 in figure 5B) extending from an internal surface of the cavity, wherein each projection has a truncated hemispherical shape (5B, para. 0190, 0192).
Regarding claim 38, figure 5B shows the cavity has a first end (116) and a second end (118) opposite the first end, wherein the aerosol-generating device further comprises an opening (110) at a first end of the cavity configured for inserting an aerosol-generating article into the cavity, and wherein every projection is positioned closer to the first end of the cavity than the second end of the cavity.
Regarding claim 39, figure 5B shows an end face (118) defining the second end of the cavity, wherein the end face is arranged to abut an aerosol-generating article when the aerosol-generating article is fully inserted into the cavity (see figure 4).
Regarding claim 40, figure 5B shows the cavity comprises a length extending between the first end and the second end, and wherein a distance between the first end and each projection is less than one third of a length of the cavity.
Regarding claim 41, figure 6A shows the projections (122) are equidistantly spaced about a circumference of the internal surface of the cavity.
Regarding claim 42, Reevell teaches that each projection has a maximum cross-sectional diameter of between 0.3 and 1 mm (para. 0028) which overlaps with the claimed range of 0.8 millimeter and 2 millimeters.
Regarding claim 43, figures 6A and 6B show the cavity has a circular cross-sectional shape, and wherein the internal surface of the cavity is a circumferential internal surface of the cavity.
Regarding claim 44, Reevell states in paragraph 0183 that “four gripping elements 122 are shown, although other suitable numbers of gripping elements 122 are envisaged”; which reads on the plurality of projections comprises a total of five projections.
Regarding claim 45, Reevell teaches the at least one heating element comprises an external heating element extending around at least a portion of an external surface of the cavity (para. 0105).
Regarding claim 46, Reevell teaches the external heating element extends around only a central portion of the cavity to define a heating zone, and wherein the projections are positioned outside of the heating zone (para. 0105-106).
Regarding claim 47, Reevell teaches the external heating element comprises a resistive heating element (para. 0101).
Regarding claim 49, Reevell teaches an aerosol-generating device (100); and figure 8 shows an aerosol-generating article (132) comprising a segment of aerosol-forming substrate (134), at least one further segment (136) positioned downstream of the segment of aerosol- forming substrate, and an outer wrapper (142) extending around the segment of aerosol-forming substrate and the at least one further segment, wherein the projections (122) are positioned to engage a portion of the outer wrapper extending around the at least one further segment (136) when the aerosol-generating article is fully inserted into the cavity.
Regarding claim 50, Reevell teaches the at least one further segment comprises at least one hollow tube positioned downstream of the segment of aerosol-forming substrate, and at least one filter segment positioned downstream of the at least one hollow tube (para. 0061-0062).
Regarding claim 51, Reevell teaches the outer wrapper is a paper outer wrapper (para. 0116).
Claim(s) 37-39, 41, 43-44, 49-51 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LEE et al. (US 2020/0154765).
Lee teaches an aerosol-generating device (see figure 1) comprising a cavity (20) configured to receive an aerosol-generating article (7); at least one heating element (31); and a plurality of projections (25 in figure 2) extending from an internal surface of the cavity, wherein each projection has a truncated hemispherical shape (see figure 2).
Regarding claim 38, figure 2 shows the cavity has a first end (20f) and a second end (20r) opposite the first end, wherein the aerosol-generating device further comprises an opening (21) at a first end of the cavity configured for inserting an aerosol-generating article into the cavity, and wherein every projection is positioned closer to the first end of the cavity than the second end of the cavity.
Regarding claim 39, figure 2 shows an end face (29) defining the second end of the cavity, wherein the end face is arranged to abut an aerosol-generating article when the aerosol-generating article is fully inserted into the cavity.
Regarding claim 41, figure 3 shows the projections (25) are equidistantly spaced about a circumference of the internal surface of the cavity.
Regarding claim 43, figure 3 shows the cavity has a circular cross-sectional shape, and wherein the internal surface of the cavity is a circumferential internal surface of the cavity.
Regarding claim 44, Lee states in paragraph 0085 that “While four protrusions 25 are illustrated in the drawing, the embodiments are not limited to the number of the protrusions 25, and accordingly, the number of the protrusions 25 may be modified in various manners”; which reads on the plurality of projections comprises a total of five projections.
Regarding claim 49, Lee teaches an aerosol-generating device (see figure 1); and an aerosol-generating article (3, 7) comprising a segment of aerosol-forming substrate (310 in figures 28 and 29A), at least one further segment (320 in figure 28, 321, 322, 323 in figure 29A) positioned downstream of the segment of aerosol- forming substrate, and an outer wrapper (333) extending around the segment of aerosol-forming substrate and the at least one further segment, wherein the projections are positioned to engage a portion of the outer wrapper extending around the at least one further segment when the aerosol-generating article is fully inserted into the cavity (para. 0268 “a portion of the second portion 320 may be inserted into the holder”).
Regarding claim 50, Lee teaches the at least one further segment comprises at least one hollow tube (321) positioned downstream of the segment of aerosol-forming substrate, and at least one filter segment (323) positioned downstream of the at least one hollow tube.
Regarding claim 51, Lee teaches the outer wrapper is a paper outer wrapper (para. 0290).
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.
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (US 2020/0154765).
Lee teaches an aerosol-generating device (see figure 1) comprising a cavity (20) configured to receive an aerosol-generating article (7); at least one heating element (31); and a plurality of projections (25 in figure 2) extending from an internal surface of the cavity, wherein each projection has a truncated hemispherical shape (see figure 2).
Regarding claim 40, Lee teaches that the position of the projections can be modified as desired (para. 0085); therefore, it would have been obvious to one of ordinary skill in the art to set a distance between the first end and each projection to less than one third of a length of the cavity.
Claim(s) 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over REEVELL et al. (US 2022/0236574) in view of BATISTA (US 2022/0408811).
Reevell teaches an aerosol-generating device (100) comprising a cavity (124) configured to receive an aerosol-generating article (132); at least one heating element (para. 0066); and a plurality of projections (122 in figure 5B) extending from an internal surface of the cavity, wherein each projection has a truncated hemispherical shape (5B, para. 0190, 0192). Reevell teaches the external heating element comprises an inductive heater such as a susceptor (para. 0101).
Batista teaches an aerosol-generating device (100) comprising a cavity (111) configured to receive an aerosol-generating article (200); at least one heating element (para. 0150); and a plurality of projections (142 in figure 4) extending from an internal surface of the cavity, wherein each projection has a truncated hemispherical shape (see figure 4). Batista teaches the external heating element comprises an inductive heater such as a susceptor or an inductive coil (para. 0150).
It would have been obvious to one of ordinary skill in the art to modify the external heating element of Reevell to be an inductor coil because Reevell teaches the external heating element may be inductive susceptors (para. 0101) Batista teaches that susceptors and inductive coils are known equivalents (para. 0150).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CYNTHIA SZEWCZYK/ Primary Examiner, Art Unit 1741
Prosecution Insights