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 Group I, Species A, and Species I in the reply filed on 2026 August 11 is acknowledged.
Claims 4, 8, 18-21, and 27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group or species, there being no allowable generic or linking claim.
Claims 1-3, 5-7, 9-11, and 14-17 are presently examined.
Claim Objections
Claims 11 and 14-16 are objected to because of the following informalities:
Claim 11: “selected from the range:” should be “selected from the list of ranges:” or equivalent.
Claim 14:
“the aerosol provision device comprises a plurality of aerosol generators” should be “the at least one aerosol generator is a plurality of aerosol generators” to point to the same term recited in claim 1,
and “at least some or each aerosol generator is” should be “at least some or each of the plurality of aerosol generators are”.
Claim 15:
“the aerosol provision device comprises a plurality of chambers” should be “the at least one chamber is a plurality of chambers” to point to the same term recited in claim 1,
“at least some or each chamber is” should be “at least some or each of the plurality of aerosol chambers are”,
and “a different portion” should be “the different portion” to point to the same term recited in claim 14.
Claim 16: “at least some or each chamber is” should be “at least some or each of the plurality of aerosol chambers are”.
Appropriate correction is required.
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.
Claims 1-3, 5-7, 9-10, and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Spencer (WO 2020201707 A1 cited on an IDS) in view of Courbat (US 20200214350 A1).
Claims 1, 5, and 9-10: Spencer teaches an aerosol provision device (fig. 1 and p. 5, #100) for generating aerosol from aerosol generating material (aerosol generating medium), the aerosol provision device comprising:
at least one chamber (interior chamber of 100) having a warming element (p. 7, [1], #111’s heatable metallic element) comprising metallic material;
a reception region (fig. 1 and p. 5, region which abuts #111) arranged to receive a planar aerosol generating article (#111 can receive and support #110) comprising aerosol generating material (aerosol generating medium);
and at least one aerosol generator (120) arranged to cause aerosol to be generated from the aerosol generating material (aerosol generating medium);
wherein the reception region (region which abuts #111) is located between the at least one aerosol generator and the at least one warming element (p. 5, #111 forms a topmost surface #112, so the reception region that receives #110 is between #120 and #111).
Spencer does not explicitly teach that the metallic material is a ferritic material,
the warming element is configured to reduce the formation of condensation within the chamber,
the aerosol generator is arranged to warm the warming element to a temperature in the range 60-150 °C during a session of use,
the ferritic material comprises a coating or foil,
and the ferritic material has a thickness < 25 µm.
Courbat teaches an aerosol provision device (title) comprising a warming element ([56], susceptor element) exemplified as ferritic,
wherein the warming element is configured to reduce the formation of condensation ([56], the warming element can be heated to over 250 °C which inherently prevents water from condensing),
wherein the warming element is configured to be heated to a temperature between 60-160 °C ([56], the warming element can be heated to over 250 °C which requires being heated to a temperature between 60-160 °C for some amount of time),
wherein the ferritic material comprises a foil ([64], stainless steel is exemplified as a strip having a thickness of 25 µm which reads on a thin, planar foil),
wherein the ferritic material has a thickness of 25 µm ([64], stainless steel is exemplified as a strip having a thickness of 25 µm), such that the material and shape of the ferritic material yield a desired power dissipation [89].
Spencer’s 25 µm is close to the claimed < 25 µm range. The courts have held that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Scherl, 156 F.2d 72, 74-75, 70 USPQ 204, 205-206 (CCPA 1946). The courts have held that prior art teaching a groove with an angle of up to 90° renders obvious a claim reciting a groove with an angle of no less than 120°.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Spencer’s generic heatable metallic element, Courbat’s specific heatable ferritic element that is a foil having a thickness of 25 µm, and thereafter dimension the foil to a thickness less than 25 µm, wherein the foil is configured to reduce the formation of condensation within the chamber and be warmed to a temperature in the range 60-150 °C for some amount of time, because doing so is exemplified by Courbat as yielding a desired power dissipation to achieve Spencer’s same outcome of heating a metallic element and is thereafter taught by close ranges.
Claim 2: modified Spencer teaches an aerosol provision device as claimed in claim 1, wherein the aerosol generator (p. 7, [1], #120 can include an induction coil) comprises one or more first inductors.
Claim 3: modified Spencer teaches an aerosol provision device as claimed in claim 2, wherein the one or more first inductors (p. 7, [1], induction coil) are also arranged to warm the warming element (the induction coil can warm #111’s heatable metallic element) in order to reduce the formation of condensation within the chamber ([Courbat 56], the susceptive warming element can be heated to over 250 °C)).
Claim 6: modified Spencer teaches an aerosol provision device as claimed in claim 1, further comprising a warming unit (fig. 1 and p. 26, [2], heater #120 can be a plurality of heaters #120) arranged to warm the warming element (p. 7, [1], #120s can warm #111’s heatable metallic element) in order to reduce the formation of condensation within the chamber ([Courbat 56], the susceptive warming element can be heated to over 250 °C).
Claim 7: modified Spencer teaches an aerosol provision device as claimed in claim 6, wherein the warming unit (p. 7, [1], #120 can include an induction coil) comprises one or more second inductors.
Claim 14: modified Spencer teaches an aerosol provision device as claimed in claim 1, wherein the at least one aerosol generator is a plurality of aerosol generators (p. 26, [2], heater #120 can be a plurality of heaters #120), wherein at least some of the plurality of aerosol generators (120s) are arranged to cause aerosol to be generated from a different portion of the planar aerosol generating article (p. 26, [4], different #120s can heat different parts of #110).
Claim 15: modified Spencer teaches an aerosol provision device as claimed in claim 14, wherein the at least one chamber is a plurality of chambers (p. 7, [3], plurality of chambers), wherein at least some of the plurality of chambers are arranged to receive aerosol generated from the different portion of the planar aerosol generating article (fig. 5 and p. 5, the interior chamber of #100 can receive aerosol generated from #110).
Claim 16: modified Spencer teaches an aerosol provision device as claimed in claim 15, wherein at least some of the plurality of chambers (p. 7, [3], plurality of chambers) comprise a warming element (fig. 1 and p. 5, #111’s heatable metallic element) comprising ferritic material (#111’s heatable metallic element was modified to comprise ferritic material).
Claim 17: modified Spencer teaches an aerosol provision device as claimed in claim 1 , wherein the aerosol provision device is arranged to move the planar aerosol generating article (fig. 1 and p. 5, #130 can move #110) relative to the at least one aerosol generator (120) during a session of use.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Spencer (WO 2020201707 A1 cited on an IDS) in view of Courbat (US 20200214350 A1) as applied to claim 1 and evidenced by “Permeability of Some Common Materials” (hereinafter Permeability).
Claim 11: modified Spencer teaches an aerosol provision device as claimed in claim 1, wherein the ferritic material ([Courbat 64], stainless steel which [Courbat 56] is advantageously ferritic) has a magnetic permeability of at least 100 µ/µ0 (“Permeability”, stainless steel has a permeability between 750-1800 µr = between 750-1800 µ/µ0).
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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