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 .
Status of the Claims
Claims 1-10 and 12-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims. Claim 11 was canceled by applicants.
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.
(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) 1-10 and 12-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by JEOUNG (US 20240041108 A1).
Regarding Claim 1, JEOUNG discloses an aerosol generating device (Figure 5, element 1000, [0088]) that operates with a tobacco article having a substrate portion (Figure 1, element 110) and a gripping portion (Figure 1, element 120, [0032] and [0055]) aligned sequentially along an article axis (Figure 4 and annotated Figure 5, below). The device includes a heating chamber extending along a chamber axis configured to receive and accommodate the tobacco substrate portion (Figures 6A-B, [0103] - [0105]; see annotated Figure 5). The heating chamber houses a heater (Figure 5, element 500, [0088]) that extends along the chamber axis to heat the tobacco substrate portion (see annotated Figure 5, below).
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Annotated Figure 5 of JEOUNG
Furthermore, JEOUNG discloses a maintaining structure (Figure 4, mouthpiece segments 132 & 142) attached to the gripping portion (element 120) of the tobacco article via attachment segment (element 131) using adhesive member ([0055]). Additionally, the maintaining structure is shaped to form a flow passage for aerosol travel ([0056] and [0086]). This modified maintaining structure secures the tobacco pouch at a fixed distance relative to the heater (see annotated Figure 5, element 500). Further, this maintaining structure defines an accommodation/reception cavity (Figure 7A, internal space of element 210) extending along the chamber axis to hold the gripping portion of the aerosol-generating article along the chamber axis.
Finally, JEOUNG teaches the accommodation cavity defining an opening, and a flow channel extending from the heating chamber, passing through the inner cavity of the mouthpiece to the opening (see annotated Figure 5, [0108]- [0113]).
Regarding Claim 2, JEOUNG teaches all the elements of claim 1. While JEOUNG remains silent on a specific distance “G” adapted to ensure convection heat transfer from the heater to the substrate portion of the tobacco article, JEOUNG explicitly teaches introducing external hot air to heat the element ([0049]). Furthermore, Figure 5 of JEOUNG illustrates that element 130 maintains the pouch equidistant from the heater to permit convention heat transfer.
Regarding Claim 3, JEOUNG teaches all the elements of claim 1. While JEOUNG remains silent on a specific distance “G” that is formed according to an axis perpendicular to the chamber axis (Z), Figure 5 of JEOUNG illustrates that the element 130 maintains the pouch equidistant from the heater, and that the distance is formed according to an axis perpendicular to the chamber axis (Z) (see Figure 4 and annotated Figure 5).
Regarding Claim 4, JEOUNG teaches all the elements of claim 1. JEOUNG also teaches that the maintaining structure (Figure 4, elements 132 & 142) is arranged exterior to the heating chamber (see annotated Figure 5).
Regarding Claim 5, JEOUNG teaches all the elements of claim 1. JEOUNG also teaches that the heating chamber defines an open end (Figure 6A, element 210) usable for inserting the substrate portion of the tobacco article inside the heating chamber ([0103] & [0104]); and the maintaining structure (Figure 7B and annotated Figure 5, element 132) is arranged adjacent to the open end of the heating chamber or to face the open end of the heating chamber (see Figure 6A-B).
Regarding Claim 6, JEOUNG teaches all the elements of claim 1. JEOUNG also teaches that the maintaining structure is formed by a mouthpiece (see Figure 5, element 132, [0082]).
Regarding Claim 7, JEOUNG teaches all the elements of claim 1. JEOUNG also teaches that the maintaining structure is removable from the housing (element 200) of the device (see Figure 7A).
Regarding Claim 8, JEOUNG teaches all the elements of claim 7. JEOUNG also teaches a maintaining structure (Figure 4, mouthpiece segments 132 & 142) attached to the gripping portion (element 120) of the tobacco article via attachment segment (element 131) using adhesive member ([0055]). Further, JEOUNG, in Figure 7A, teaches that an aerosol generating device (element 1000) and an aerosol generating article (element 100) are separable.
Regarding Claim 9, JEOUNG teaches all the elements of claim 1. JEOUNG also teaches that the aerosol generating article is a flat-shaped tobacco article (Figure 2, element 100) and wherein the heater comprises a heating plate (Figure 5, element 500; [0099]).
Regarding Claim 10, JEOUNG teaches all the elements of claim 9. JEOUNG also teaches that the maintaining structure is configured to maintain the substrate portion of the tobacco article inside the heating chamber. While JEOUNG remains silent on a specific distance “G” between the substrate portion of a tobacco article and heating plates, Figure 5 of JEOUNG illustrates that the element 130 maintains the pouch equidistant from the heating plates.
Regarding the limitation of Claim 12, which requires the heating chamber to enclose a loop shaped free space configured to surround the substrate portion of the tobacco article, the Examiner notes that the claim is directed to an apparatus (an aerosol generating device). Under MPEP 2115, the material or article worked upon by an apparatus does not impart patentability to an apparatus claim.
In this case, JEOUNG discloses a heating chamber configured to receive a tobacco article (see annotated Figure 5, element 100). As shown in the annotated Figure 5, the tobacco article is maintained at a distance from the heater, creating a flow channel. The heating chamber of JEOUNG is structurally capable of receiving a tobacco article such that the article is only partially inserted, and its free end (i.e., the distal end) does not contact the chamber.
Because JEOUNG’s device is structurally capable of operating in this contactless manner with the substrate, the limitation fails to patentably distinguish the claimed apparatus from the prior art. The gap between the article and the heater towards the side, combined with the partial insertion of the article to the heating chamber, creates a loop-shaped free space surrounding the article.
Regarding the limitation of Claim 13 requiring that the heating chamber is configured to be contactless with a free end of the substrate portion, the Examiner notes that the claim is directed to an apparatus (an aerosol generating device). Under MPEP 2115, the material or article worked upon by an apparatus does not impart patentability to an apparatus claim.
In this case, JEOUNG discloses a heating chamber configured to receive a tobacco article (see annotated Figure 5, element 100). The heating chamber of JEOUNG is structurally capable of receiving a tobacco article such that the article is only partially inserted and does not contact its free end (i.e., the distal end) to the chamber. Because JEOUNG’s device is structurally capable of operating in this contactless manner with the substrate, the limitation fails to patentably distinguish the claimed apparatus from the prior art.
Regarding Claim 14, JEOUNG teaches all the elements of claim 9. JEOUNG also teaches that the heater comprises two heating plates facing each other (Figure 5, element 500, [0099] and [01400]).
Regarding Claim 15, JEOUNG teaches all the elements of claim 14. JEOUNG also teaches that the maintaining structure is configured to maintain the substrate portion of the tobacco article inside the heating chamber at a same distance from each of the two heating plates (see Figure 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRADEEP PAUDEL whose telephone number is (571)429-6993. The examiner can normally be reached Mon-Thur 6:30-5:00 EST.
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/PRADEEP PAUDEL/Examiner, Art Unit 1749 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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