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, claims 16-27 in the reply filed on 8/21/2026 is acknowledged.
Claims 28-31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/21/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 25 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 25 contains the trademark/trade name PEEK. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, it seems the trademark/trade name is used to identify/describe polyether ether ketone and, accordingly, the identification/description is indefinite.
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) 16-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20190030262) in view of Chen (CN105390303).
Regarding claim 16. Kim discloses a heating assembly for an aerosol-generating device, the heating assembly (91, figs. 3-5)comprising:
a first substrate layer (20, figs. 3-5), the first substrate layer being an electrically isolating substrate layer;
a heating element (40, fig. 6) arranged on the first substrate layer;
a second substrate layer (50, figs. 3-4), the second substrate layer being an electrically isolating substrate layer, wherein the second substrate layer is arranged covering the heating element and the first substrate layer;
a temperature sensor (60, figs. 3-5) arranged on the second substrate layer; and
at least two electrical contacts (61, 67 of figs. 3-5) configured to contact the temperature sensor, wherein a contact surface of the electrical contacts configured to contact the temperature sensor.
Kim does not expressly discloses the electrical contacts is cross-shaped. Chen discloses electrical contacts with cross-shaped prolong the service life of the contact [0010]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the electrical contacts of Kim with cross-shaped to prolong the service life of the contacts as taught by Chen.
Regarding claim 17, Kim discloses a third substrate layer (67, figs. 3-4 and 18), the third substrate layer being an electrically isolating substrate layer, wherein the third substrate layer is arranged at least partly covering the temperature sensor and covering the second substrate layer.
Regarding claim 18, Kim discloses the third substrate layer comprises at least two openings (by reference signs 17, fig. 18).
Regarding claim 19, Kim discloses wherein the at least two openings are aligned such that the at least two contacts (by reference signs 17, fig. 18) are not covered by the third substrate layer.
Regarding claim 20, Kim discloses the heating element is a resistive heater (40, fig. 6 and .
Regarding claim 21, Kim discloses the heating element comprises a heating track (40, fig. 6 and [0075-0083]).
Regarding claim 22, Kim discloses the heating element is printed on the first substrate layer [0052].
Regarding claim 23, Kim discloses the heating assembly is rolled into a tube (fig. 2).
Claim(s) 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20190030262) in view of Chen (CN105390303) as applied to claim 16 above and further in view of Thorsen (U.S Pub. No. 20200253280).
Regarding claims 24-25, Kim does not expressly disclose a heat shrink layer is arranged around the heating assembly. Thorsen discloses heater element area may be convered by an outer dielectric layer such as for example PEEK (polyether ether ketone) shrink tubing wherein the dielectric layer helps prevent the temperature controller or sensor from shorting to metal components [0048]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to add the PEEK heat shrink layer to help prevent shorting of components as taught by Thorsen.
Regarding claim 26, as explained above for claims 24-25, the combination of Kim, Chen, and Thorsen taken together as a whole discloses a heat shrink layer is arranged around the heating assembly. Kim further discloses an adhesive layer between the second layer and the heating element [0099].
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20190030262) in view of Chen (CN105390303) as applied to claim 16 above and further in view of Gwengo (WO 2021155370).
Regarding claim 27, Kim discloses wherein one or more of the first substrate layer, the second substrate layer, and the third substrate layer comprise a polyimide film [0055] but does not expressly disclose polyamide film. Polyimide film and polyamide film are well known film as substrate layer for resistive heater as taught by Gwengo [0295]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use either polyimide film or polyamide film as the substrate layer.
Conclusion
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/PHU H NGUYEN/ Examiner, Art Unit 1747
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