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 § 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.
Claims 27-28 are 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.
Regarding claim 21, the claim limitation “the coupling” lacks antecedent basis. For examination purposes, the claim limitation will be interpreted as “a coupling.”
Regarding claims 27-28, the claim limitation “wherein said each of the plurality of heating segments” lacks antecedent basis. For examination purposes, claim 27’s claim limitation will be interpreted as “wherein the heating assembly comprises a plurality of heating segments, wherein said each of the plurality of heating segments.”
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)(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.
Claims 16-25 and 30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zominy et al. (US 2021/0345672).
Regarding claim 16, Zominy discloses a vapor generating device (abstract; “aerosol-generating device”) arranged to hold an aerosol generating medium (abstract; “aerosol-generating article comprising an aerosol-forming substrate”) comprising:
a heating assembly (1; Fig. 1 and 2A-B; “housing”) comprising a cavity (see Fig. 2A; interpreted as the space inside of heating chamber 10 occupied by aerosol-generating medium 3) and a mouthpiece provided at the proximal end located at the top of the device ([0068]; “aerosol outlet”), the chamber arranged to receive a body of aerosol generating medium (3; [0058]; “configured to receive the aerosol-generating article”);
a heating chamber (10; “heating assembly”) comprising a heater (11) to provide heating to the heating chamber ([0059]) which transfers heat to the body ([0060]; “configured to heat…”);
an air flow path ([0069]) in which vapor flows into space (14), through opening (25), and into the hollow central axis of an ejector (2) and out to the mouthpiece ([0069]; “extending within the aerosol-generating device downstream from the cavity to the aerosol outlet”) having a gas or liquid suspension in gas ([0063]; “air flow entrained with aerosol”); and
the ejector (2) positioned within the heating assembly (1; Fig. 2A; “coupled to the housing”) and configured to be actuated by a user to eject the tobacco body from the heating chamber ([0070] Fig. 2B; “configured to urge the aerosol-generating article in the cavity out from the cavity”), wherein a tubular portion (20) and protrusion (21) form part of the air flow path ([0062], [0065], [0069]).
Regarding the claim limitation “the ejector…being further configured to modify the air flow entrained with aerosol along the air flow path,” one of skill in the art would appreciate that because the air flow path including one or more apertures (24), the space (14), the openings (25), and the tubular portion (20) each have different sizes and shapes, the geometry of these specified sections will influence the air flow with aerosol therethrough.
Regarding claims 17-18¸ Zominy discloses the air flow path through the holes (24) into space (14), through opening (25), and into the hollow tubular portion (20) and out to the mouthpiece ([0069]; see annotated Fig. 2A for a general illustration of Zominy’s described air flow path).
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Regarding the claim limitation “promote mixing of the air flow entrained with aerosol,” the instant specification describes that “a change in speed and direction may assist in promoting mixing of the entrained air flow” (p. 2, ll. 1-2). Similarly, Zominy discloses both a change in speed and direction. Specifically, one of skill in the art would appreciate that because the air flows through the one or more apertures (24) having the first cross-sectional area, into space (14) with the second cross sectional area, into holes (25) with a third cross-sectional area, and into the tubular portion (20) with a fourth cross-sectional area, the flow velocity of air and aerosol in the air flow path would change proportionally based on the cross-sectional area these four distinct sections according to the equation v=Q/A. Moreover, one of skill in the art would appreciate that the air changes direction between entering the one or more apertures (24), into the space (14), into the holes (25), and into the tubular portion (20). Since Zominy’s air flow path includes both changes in speed and direction, one of skill in the art would appreciate that such an air flow path would also promote mixing of the air and aerosol therein.
Regarding claims 17 and 19, Zominy discloses the opening (25; “venturi”).
Regarding the claim limitation “promote mixing of the air flow entrained with aerosol,” the instant specification describes that a venturi defines a constriction in the air flow pathway through which entrained air flow is funneled, with the change in cross sectional aera of the flow path in the venturi imparting a change in velocity of the entrained air flow as it flows therethrough. The change in velocity imparted by the venturi may assist in promoting mixing of the entrained air flow” (p. 2, ll. 6-10). Similarly, Zominy’s opening (25) represents a venturi because the cross-sectional area of the opening is less than both of the space (14) and the tubular portion (20), which also means that flow velocity of air and aerosol varies therethrough. Since Zominy’s air flow path includes a venturi affect the velocity of air and aerosol therethrough, one of skill in the art would appreciate that such an air flow path would also promote mixing of air and aerosol therein.
Regarding claim 20, Zominy discloses wherein the heating assembly (1) is elongate along a longitudinal axis (see Fig. 1), and
wherein the cavity, the ejector (2), and the mouthpiece located at a top of the device ([0068]) are sequentially arranged along the longitudinal axis between a bottom end (“distal end”) and a top end (“mouth end”) of the heating assembly (see Fig. 2A).
Regarding claim 21, Zominy discloses a lid (12; “cover”) coupled to the heating assembly (1; Fig. 1) to cover an opening (13; “access opening”), the cover is retractable to reveal the opening ([0061]; “movable relative to the housing”) between a closed position (see Fig. 1) and position in which the opening is revealed ([0061]; “open position”), and wherein the lid comprises a hinge mechanism ([0061]; “coupling”) such that the lid remains closed until explicitly opening by the user ([0071; “bias the cover in the closed position”).
Regarding claim 22, Zominy discloses the ejector is advanced toward the body in the direction of the arrow in Fig. 2B such that the contact surface (22) exerts a force on at least a portion of the body (3), causing the body to accelerates towards the opening (13) ([0070]; “slidably moveable relative to the housing to urge the aerosol-generating article…out from the cavity”).
Regarding claim 23, Zominy discloses the ejector is manually actuated by a user ([0072]) and comprises a lever mechanism (“slidable interface accessible from outside of the housing”) operable between a first passive configuration and a second actuated configuration and can comprise a sliding lever toggle (“slidable over a surface of the housing”) which rotates about a pivot point to effect reversible operation of the ejector between the at least two lever configurations (“corresponding sliding motion”) to control the actuation of the ejector ([0072]; see also Fig. 6A-B).
Regarding claim 24, Zominy discloses the heating chamber (10) is arranged along and around a longitudinal axis of the cavity (Fig. 1).
Regarding claim 25, Zominy discloses wherein the heating chamber (10) allows ambient air to enter into the chamber through air inlets in the lid ([0061]; “air-permeable…to define a transverse air flow path across the heating assembly inwards into the cavity”).
Regarding claim 30, Zominy discloses the a vapor generating device as discussed above with respect to claim 16; and
a body of aerosol generating medium (3; “aerosol-generating article comprising an aerosol-forming substrate”) configured to be inserted into and held in the chamber (10; [0060]; “configured to be received in the cavity of the aerosol-generating devices”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Zominy et al. as applied to claim 24 above, and further in view of Freie et al. (US 20240349806).
Regarding claims 26-29, Zominy discloses the heating chamber (10) comprises a heater (11; “heating segment”), and that the heater may provide heat to the heating chamber by induction heating ([0059]; “induction heating assembly”).
However, Zominy is silent as to a plurality of heating segments, each of the plurality of segments being sequentially arranged along the longitudinal axis of the cavity, and control electronics configured to selectively active one or more of the plurality of heating segments so as to heat one or more corresponding regions of the aerosol-generating article when received in the cavity. Moreover, Zominy is silent as to wherein said each of the plurality of heating segments comprise a circumferential arrangement of one or more inductors around the cavity. Furthermore, Zominy is silent as to wherein said each of the plurality of heating segments further comprises a circumferential arrangement of one or more susceptor elements around the cavity, the circumferential arrangement of one or more susceptor elements being disposed inwards form the corresponding circumferential arrangement of one or more inductors. Lastly, Zominy is silent as to the control electronics are configured to sequentially activate different ones or groups of the plurality of heating segments over a predetermined period of time, progressing along a length of the cavity.
Freie teaches an aerosol generating device (abstract) comprising a heating chamber (18; “heating assembly”) comprising susceptors (40, 41, 42, 43; “plurality of heating segments” “circumferential arrangement of one or more susceptors”) mounted on an inner surface of the heating chamber (Fig. 1), each susceptor being arranged sequentially and along a longitudinal axis of the heating chamber (Fig. 1), and an induction coil (48; “circumferential arrangement of one or more inductors”) around the heating chamber (Fig. 1; [0075]), wherein the susceptors are disposed inwards of the induction coil (Fig. 1), and a controller (24; “control electronics”) that causes sequential preferential heating of the first, second, third, and fourth susceptors to sequentially heat first, second, third, and fourth portions of an aerosol generating substrate (102; [0082] ;”configured to selectively active” and “configured to sequentially activate”) by supplying an alternating electric current to a first coil section (L1) for a first period of time, a second coil section (L2) for a second period of time, a third coil section (L3) for a third period of time, and a fourth coil section (L4) for a fourth period of time ([0082]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have: (1) substituted Freie’s heating chamber with susceptors and induction coil for Zominy’s heater, and (2) added Freie’s controller configured to sequentially heat the susceptors to Zominy’s device because (a) Zominy suggests using an induction heating element and (b) such a modification would result in the predictable result of sequentially heating the aerosol generating substrate (Freie; [0082]) while providing the benefit of generating a uniform amount of aerosol throughout a smoking session (Freie; [0082]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Alarcon (US 2016/0081394) discloses a mouthpiece having a similar shape to the instant application.
Batista (US 2019/0014821) discloses a mouthpiece that is used to eject an extinguished smoking article.
Kane (US 2014/0261492) discloses a sheath flow and aerosol promotor (SFAP) insert having a similar shape to the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONNY V NGUYEN whose telephone number is (571)272-8294. The examiner can normally be reached Monday - Friday; 7:00 AM - 3:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Y Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SONNY V NGUYEN/Examiner, Art Unit 1755
/ERIC YAARY/Examiner, Art Unit 1755
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