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 Claims
Claims 1 – 20 are pending and are the subject of this office action. This is the first office action on the merits of the claims.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “113” (bore), “114” (bore inner surface), and “115” (bore closed end). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1 – 3, 5, 9, 11 – 14, and 17 – 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20230136305 A1 (Li).
Regarding claims 1 and 17, Li teaches an aerosol generating apparatus that is used for heating a smokable material to generate an aerosol (paragraph 6). The aerosol generating apparatus further includes a tubular bracket (40) for configuring the induction coil (L) and the susceptor (30). A part of the inner space of the tubular bracket (40) forms a cavity for receiving the smokable material (A), while the induction coil (L) is arranged on the outer wall of the tubular bracket (40) in a spirally winding manner (paragraph 42; figure 2). Figure 2 shows the heating element (30) protruding into the heating cavity and into the article (A). Li further teaches that the susceptor (30d) is internally provided with an accommodating cavity extending along its axial direction (paragraph 57; figure 8). Figure 8 and figure 2 together show that the chamber would be fluidly isolated from the rest of the heating cavity.
Regarding claims 2, 3, and 5 Li teaches an apparatus as described by claim 1. Li further teaches that a temperature sensor (60d) for sensing a temperature of the susceptor (30d) is packaged within the accommodating cavity and the temperature sensor (60d) is tightly attached to the inner wall of the heating portion (31d) in a gluing manner so as to sense a heating temperature (paragraph 57; figure 8).
Regarding claim 9, Li teaches an apparatus as described by claim 1. Figure 8 of Li shows that the chamber is closed at the free (top) end of the heating element.
Regarding claim 11, Li teaches an apparatus as described by claim 1. Li further teaches the heating portion (31c) and an avoidance portion (32c), which can be made of metal materials with proper magnetic permeability, such as permalloy and stainless iron, can be penetrated by a magnetic field to generate heat (paragraph 55; figure 6).
Regarding claim 12, Li teaches an apparatus as described by claim 11. Li further teaches an inductance coil (L), used as a magnetic field generator and configured to generate an alternating magnetic field under alternating current (paragraph 34; figure 2).
Regarding claim 13, Li teaches an apparatus as described by claim 12. Figures 3 – 8 of Li further show the heating element (31, 31a, 31b, 31c, 31d) upstanding from the base portion (33/34, 33a/34a, 33b/34b, 33c/34c, 33d/34d).
Regarding claim 14, Li teaches an apparatus as described by claim 13. Li further teaches that the susceptor (30) is configured to be inductively coupled to the induction coil (L) and penetrated by the alternating magnetic field to generate heat, so as to heat the smokable material (A) to volatilize at least one component of the smokable material (A) to form an aerosol for smoking (paragraph 35; figure 2).
Regarding claim 18, Li teaches an aerosol generating apparatus that is used for heating a smokable material to generate an aerosol (paragraph 6). The aerosol generating apparatus further includes a tubular bracket (40) for configuring the induction coil (L) and the susceptor (30). A part of the inner space of the tubular bracket (40) forms a cavity for receiving the smokable material (A), while the induction coil (L) is arranged on the outer wall of the tubular bracket (40) in a spirally winding manner (paragraph 42; figure 2). Li further teaches that the susceptor (30d) is internally provided with an accommodating cavity extending along the axial direction (paragraph 57; figure 8). Figure 8 of Li shows that the susceptor (30d) comprises a closed end in the heating zone (cavity) and an open end at the
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[AltContent: textbox (Figure 1 – figures 8 and 2 from US 20230136305 A1 indicating the closed and open ends of the heating element (30d) along with the heating zone in the aerosol generating device. )]
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bottom of the susceptor external to the heating zone.
Regarding claims 19 and 20, Li teaches an aerosol provision system as described by claim 1. Li further teaches that the aerosol generation apparatus is used for heating a smokable material to generate an aerosol (paragraph 6; figure 2). The smokable material includes powder, granules, pellets, shreds, strands, strips or sheets wrapped by an outer wrapper specifically including grass leaves, tobacco leaves, main vein of tobacco, expanded tobacco, homogenized tobacco, and glycerin as an aerosol generation agent (paragraph 38).
Claim Rejections - 35 USC § 103
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4 and 6 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 20230136305 A1 (Li) as applied to claim 2 above, and further in view of CN 217012793 U (Zeng).
Regarding claim 4, Li teaches an apparatus as described by claim 2. Li does not teach that the sensor is a thermocouple. Zeng teaches that the electromagnetic heating needle includes an electromagnetic heating needle body (1), a thermocouple (2), and a hollow structure (3). The thermocouple (2) is disposed inside the hollow structure (3) (paragraph 28 of translation; figure 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the temperature sensor of Li to be a thermocouple as in Zheng, with reasonable expectation of success, because thermocouples are known temperature sensors in the art, and one of ordinary skill in the art would understand that substituting a different temperature sensor for a thermocouple would yield predictable results, see MPEP 2143 (B).
Regarding claim 6, Li teaches an apparatus as described by claim 2. Li does not teach that the chamber is a filled chamber. Figure 3 of Zeng shows a schematic diagram of the hollow structure of the electromagnetic heating needle after it is completely filled with thermally conductive material (paragraph 20 of translation; figure 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the chamber of Li so that it is completely filled as in Zeng, with reasonable expectation of success, because Zeng indicates that filling the hollow structure with thermally conductive materials ensures that the heat emitted by the heating needle body can quickly diffuse throughout the entire heating needle, resulting in small temperature difference and improving uniformity of the temperature of the heating needle (paragraph 35 of translation).
Regarding claim 7, Li teaches an apparatus as described by claim 2. Li does not teach that the filler material in the chamber seals the sensor in the chamber. Zeng teaches that the filling material is effectively sealed inside the heating needle chamber (paragraph 17 of translation). Figure 3 of Zeng further shows the thermocouple (2) sealed between the thermally conductive materials (4) and (5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the chamber and temperature sensor of Li so that the sensor is sealed as in Zeng, with reasonable expectation of success, because filling the hollow structure with thermally conductive materials ensures that the heat emitted by the heating needle body can quickly diffuse throughout the entire heating needle, resulting in small temperature difference and improving uniformity of the temperature of the heating needle (paragraph 35 of translation).
Regarding claim 8, Li modified by Zeng teaches an apparatus as described by claim 7. Zeng further teaches that the thermally conductive material filling the heating needle is any one of ceramics, glaze or diamond-like carbon (paragraph 8 of translation).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to fill the chamber of Li with insulative material of Zeng, because Zeng indicates that filling the hollow structure with thermally conductive materials ensures that the heat emitted by the heating needle body can quickly diffuse throughout the entire heating needle, resulting in small temperature difference and improving uniformity of the temperature of the heating needle (paragraph 35 of translation).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US 20230136305 A1 (Li) as applied to claim 1 above, and further in view of US 20260130441 A1 (Chan).
Regarding claim 10, Li teaches an apparatus as described by claim 1. Li does not teach that the heating element is configured to be heated by resistive heating. Chan teaches that the heater may comprise at least one resistive heating element. Preferably, the heater comprises a plurality of resistive heating elements (paragraph 29)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the inductor and susceptor heating setup of Li with the resistive heating setup of Chan, with reasonable expectation of success, because Chan indicates that providing a plurality of resistive heating elements electrically connected in a parallel arrangement may facilitate the delivery of a desired electrical power to the heater while reducing or minimizing the voltage required to provide the desired electrical power. Reducing or minimizing the voltage required to operate the heater may facilitate reducing or minimizing the physical size of the power supply (paragraph 29).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over US 20230136305 A1 (Li) as applied to claim 13 above, and further in view of WO 2019030363 A1 (Bessant).
Regarding claim 15, Li teaches an apparatus as described by claim 13. Li does not teach that the base portion is configured to be heated by the inductive coil. Bessant teaches a susceptor comprising a flat planar portion (27) and an elongate portion (29). The flat planar portion is inductively heated by a spiral inductive coil (26), and the primary heating mechanism of the elongate portion (29) is conducive heat transfer from the planar portion (27) (page 13 lines 19 – 24; figure 4). The flat planar portion (27) heated by the inductor coil reads on the claim limitation of a base portion.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the susceptor of Li to contain a base portion configured to be heated by an induction coil of Bessant, with reasonable expectation of success, because Bessant indicates that the planar portion may facilitate heating of air flowing through the aerosol-generating device. Air entering the airflow device may be heated by the planar portion prior to flowing across or through an aerosol-generating article received within the chamber (page 4 lines 32 – 34).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 20230136305 A1 (Li) and WO 2019030363 A1 (Bessant) as applied to claim 15 above, and further in view of US 20200022412 A1 (Abi Aoun).
Regarding claim 16, Li modified by Bessant teaches an apparatus as described by claim 15. Li modified by Bessant does not teach that the heating member is formed of a non-ferrous material. Abi Aoun teaches an aerosol generating device comprising: a susceptor arranged to heat an aerosol generating material thereby to generate an aerosol in use; … and the susceptor may comprise nickel (paragraph 20 – 21).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the susceptor of Li modified by Bessant to be made of nickel as in Abi Aoun, with reasonable expectation of success, because as the susceptor must be made of a magnetic material to generate heat, and nickel and ferrous materials are both magnetic, one of ordinary skill in the art would understand that substituting nickel for a ferrous material for the susceptor is a simple substitution of one known element for another to obtain predictable results, see MPEP 2143 (B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brendon Juengst whose telephone number is (571)272-8750. The examiner can normally be reached Mon-Fri 8:30-5.
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/BRENDON THOMAS JUENGST/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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