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 Objections
Applicant is advised that should claim5 be found allowable, claim 6 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 7-9 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.
Claim 7 recites the limitation "the cap" in claim 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the cap" in claim 8. There is insufficient antecedent basis for this limitation in the claim.
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) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (WO 2021125665) in view of Warren et al. (WO 20239812).
Regarding claim 1, Yoon discloses an aerosol generating device (100, fig. 1)comprising:
a pipe shaped to include an insertion space (see fig. 1);
a heater having a cylindrical shape that surrounds the insertion space (page 2);and
an induction coil (140, fig. 1) positioned relative to the heater and being configured to cause the heater to generate heat in accordance with current flowing through the induction coil.
Yoon does not expressly disclose the heater that surrounds the insertion space. Warren discloses a heater having a cylindrical shape that surrounds the insertion space (132, fig. 5B). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to pick the shape of the heater as taught by Warren (also see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Regarding claim 2, Yoon discloses wherein the pipe comprises:
an inner pipe disposed between the heater and the induction coil, and positioned to surround an outer side of the heater; and an outer pipe positioned to surround the inner pipe and the induction coil (see fig. 3) .
Regarding claim 3, Yoon discloses wherein the inner pipe comprises:
an inner pipe body extending relative to an inner circumferential surface of the outer pipe, wherein an outer side of the inner pipe body is surrounded by the induction coil (by reference sign 140, fig. 3);
a first inner pipe bending portion bent radially outward from a lower end of the inner pipe body and contacting the inner circumferential surface of the outer pipe, the first inner pipe bending portion supporting a lower end of the induction coil; and a second inner pipe bending portion bent radially outward from an upper end of the inner pipe body and contacting the inner circumferential surface of the outer pipe, the second inner pipe bending portion covering an upper end of the induction coil (by reference sign 136, fig. 5).
Regarding claim 4, Yoon discloses wherein the outer pipe supports a lower end of the inner pipe (see fig. 4).
Regarding claim 5, Yoo does not expressly discloses the inner pipe comprises a rib to support a lower end of the heater. Warren discloses using a protruding portion such as a lip or a flange to be used as a support member (page 21). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the inner pipe comprises a rib protruding radially inward from a lower portion of the inner pipe (such as a lip or flange as taught by Warren to act as a support member) capable of supporting a lower end of the heater (also see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Regarding claim 6, Yoo does not expressly discloses the inner pipe comprises a rib to support a lower end of the heater. Warren discloses using a protruding portion such as a lip or a flange to be used as a support member (page 21). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the inner pipe comprises a rib protruding radially inward from a lower portion of the inner pipe (such as a lip or flange as taught by Warren to act as a support member) capable of supporting a lower end of the heater (also see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Regarding claims 7-8, Warren discloses the cap couples to an upper end of the inner pipe and a coupler connecting the cap and the outer pipe to cover the insertion space (by reference sign 108, figs. 3-4) .
Regarding claim 9, Warren suggests the coupler comprises: a coupling protrusion protruding from an outer circumferential surface of the cap; and a coupling recess formed by an opening of an upper circumferential wall of the outer pipe and into which the coupling protrusion is inserted to allow the cap and the outer pipe to be coupled to each other; so the insertion space can be covered (by reference sign 106, fig. 4) (also see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Regarding claim 10, Yoon discloses wherein the heater is positioned relative to the inner pipe to form an air gap between the heater and the inner pipe (see fig. 1).
Regarding claim 11, the combination of Yoon and Warren discloses the heater comprises: a heater body having a cylindrical shape extending relative to the inner pipe (132, figs. 5A-5B of Warren); a first heater bending portion bent radially outward from a lower end of the heater body and contacting a lower inner circumferential surface of the inner pipe; and a second heater bending portion bent radially outward from an upper end of the heater body and contacting an upper inner circumferential surface of the inner pipe, wherein the air gap (133, figs. 4-6 of Yoon) is an area defined by the heater body, the first heater bending portion, the second heater bending portion, and an inner circumferential surface of the inner pipe (also see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966))
Regarding claim 12, the combination of Yoon and Warren discloses a heater having an elongated shape that defines an insertion space (see 132, fig. 5B of Warren); an inner pipe positioned relative to an outer side of the heater; an induction coil positioned relative to the inner pipe and proximate to the heater, wherein the induction coil is configured to cause the heater to generate heat in accordance with current flowing through the induction coil; an outer pipe shaped to surround the inner pipe and the induction coil (see figs. 1-3 of Yoon).
Regarding claim 13, Yoon discloses the inner pipe comprises: an inner pipe body extending relative to a portion of an inner circumferential surface of the outer pipe, wherein the induction coil surrounds a portion of an outer side of the inner pipe body; a first inner pipe bending portion bent radially outward from a lower end of the inner pipe body and contacting a portion of the inner circumferential surface of the outer pipe (see figs. 1-3 and 136, fig. 5). It would have been obvious to one of ordinary skill in the art at the time the invention was made to make, the first inner pipe bending portion supporting a lower end of the induction coil; and a second inner pipe bending portion bent radially outward from an upper end of the inner pipe body and contacting a portion of the inner circumferential surface of the outer pipe, the second inner pipe bending portion covering an upper end of the induction coil (also see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Regarding claim 14, The combination of Yoon and Warren taken together as a whole discloses the heater is positioned relative to the inner pipe to form an air gap (133, figs. 4-6 of Yoon) between an outer side of the heater and an inner side of the inner pipe, wherein the heater comprises: a heater body having a cylindrical shape extending relative to the inner pipe wherein a first heater bending portion bent radially outward from a lower end of the heater body and contacting a portion of a lower inner circumferential surface of the inner pipe; and a second heater bending portion bent radially outward from an upper end of the heater body and contacting a portion of an upper inner circumferential surface of the inner pipe (fig. 5A of Warren) (changes in shape see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) and duplication of parts see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Conclusion
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/PHU H NGUYEN/Examiner, Art Unit 1747
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