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 .
Election/Restrictions
After reviewing the applicant’s response to the restriction, it has been determined that the restriction dated 7/16/26 is withdrawn and all claims are being examined.
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.
Claim(s) 1-3, 7-12, 14, 16, 18-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Bologna (WO 2021214635).
Bologna teaches a tool for cleaning an aerosol-generating device having a heating chamber, the tool comprising: a tool base (page 18, line 15); a cleaning head (not shown on figure 13, but shown in other embodiments such as figures 21-22; element 102, and figure 5, element 202) extending from the tool base and configured to be received in the heating chamber of the aerosol-generating device, the cleaning head comprising: a body (not shown in figure 13) extending from a proximal end to a distal end along a longitudinal axis of the cleaning tool, the distal end comprising an end wall (820) extending towards the longitudinal axis; a cavity (816) within the body; a distal opening (816) in the end wall exposing the cavity; and one or more scraping elements (812-1, 812-2) extending from the body, arranged proximate to the distal opening, wherein the cavity is configured to receive a heating element of the aerosol- generating device via the distal opening, and wherein the one or more scraping elements are configured to scrape one or more sides of the heating element when the heating element is received in the cavity.
With regards to claim 2, the one or more scraping elements comprise a scraping edge (802-1, 802-2) configured to contact and scrape the heating element when the cleaning head is received in the heating chamber.
With regards to claim 3, the one or more scraping elements comprise an elastically deformable material (page 8, last paragraph).
With regards to claim 7, the one or more scraping elements comprise two protrusions (812-1, 812-2) extending from opposing sides of the distal opening.
With regards to claim 8, each of the one or more scraping elements extend over a portion of the distal opening (figure 13).
With regards to claim 9, the one or more scraping elements comprise: a base portion (814-1, 814-2) coupled to the distal end of the body; and a protrusion portion extending from the base portion in a direction parallel with the longitudinal axis of the cleaning tool (812-1, 812-2) (figure 13).
With regards to claim 10, the end wall comprises an end face comprising a substantially planar surface and the distal opening is located in the end face (entire surface of 820; figure 13).
With regards to claim 11, one or more guide elements (822) extending from the body and configured to position the distal opening relative to the heating element when the tool is received in the heating chamber.
With regards to claim 12, the one or more guide elements are configured to cooperate with an alignment element in the heating chamber to align the distal opening with the heating element (engage a rib of a heating chamber).
With regards to claim 14, a system comprising: an aerosol-generating device comprising a heating chamber (104) and a heating element (106) with a substantially rectangular cross section extending into the heating chamber from a bottom chamber wall of a heating chamber; and a tool for cleaning the aerosol-generating device according to claim 1 (800).
With regards to claim 16, the one or more scraping elements comprise an elastically deformable material (page 8, last paragraph).
With regards to claim 18, the one or more scraping elements comprise a scraping edge (802-1, 802-2) configured to contact and scrape the heating element when the cleaning head is received in the heating chamber.
With regards to claim 19, the one or more scraping elements comprise an elastically deformable material (page 8, last paragraph).
Claim(s) 1-2, 6-8, 10, 12-14, 18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Zhao (CN 212190177).
Zhao teaches a tool for cleaning an aerosol-generating device having a heating chamber, the tool comprising: a tool base (3); a cleaning head (21) extending from the tool base and configured to be received in the heating chamber of the aerosol-generating device, the cleaning head comprising: a body (1) extending from a proximal end to a distal end along a longitudinal axis of the cleaning tool, the distal end comprising an end wall (11) extending towards the longitudinal axis; a cavity (figure 3 and 4 show hollow element 1) within the body; a distal opening (114) in the end wall exposing the cavity; and one or more scraping elements (elements formed by 113) extending from the body, arranged proximate to the distal opening, wherein the cavity is configured to receive a heating element of the aerosol- generating device via the distal opening, and wherein the one or more scraping elements are configured to scrape one or more sides of the heating element when the heating element is received in the cavity.
With regards to claim 2, the one or more scraping elements comprise a scraping edge (inner edge of 111) configured to contact and scrape the heating element when the cleaning head is received in the heating chamber.
With regards to claim 6, the one or more scraping elements comprise scraping teeth (teeth formed by the slits 113) configured to contact and scrape the heating element when the cleaning head is received in the heating chamber.
With regards to claim 7, the one or more scraping elements comprise two protrusions (protrusions surround the opening 114) extending from opposing sides of the distal opening.
With regards to claim 8, each of the one or more scraping elements extend over a portion of the distal opening (figure 3; they surround 114).
With regards to claim 10, the end wall comprises an end face comprising a substantially planar surface and the distal opening is located in the end face (figure 3 shows element 11 as a substantially planar surface).
With regards to claim 13, the body comprises at least one lateral wall (outer surface of 1) extending parallel to the longitudinal axis between the proximal end and distal end of the body; and wherein the cleaning head further comprises one or more protrusions (formed by slits 112) extending from the at least one lateral wall, the one or more protrusions configured to scrape one or more surfaces of the heating chamber.
With regards to claim 14, a system comprising: an aerosol-generating device comprising a heating chamber and a heating element with a substantially rectangular cross section extending into the heating chamber from a bottom chamber wall of a heating chamber (paragraph 0006); and a tool for cleaning the aerosol-generating device according to claim 1.
With regards to claim 18, the one or more scraping elements comprise a scraping edge (inner edge of 111) configured to contact and scrape the heating element when the cleaning head is received in the heating chamber.
Claim(s) 1-3, 7-14, 16, 18-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Batista (WO 2020148334).
Batista teaches a tool for cleaning an aerosol-generating device having a heating chamber, the tool comprising: a tool base; a cleaning head extending from the tool base and configured to be received in the heating chamber of the aerosol-generating device, the cleaning head comprising: a body (14) extending from a proximal end to a distal end along a longitudinal axis of the cleaning tool, the distal end comprising an end wall (26) extending towards the longitudinal axis; a cavity (34) within the body; a distal opening (28) in the end wall exposing the cavity; and one or more scraping elements (54) extending from the body, arranged proximate to the distal opening, wherein the cavity is configured to receive a heating element of the aerosol- generating device via the distal opening, and wherein the one or more scraping elements are configured to scrape one or more sides of the heating element when the heating element is received in the cavity.
With regards to claim 2, the one or more scraping elements comprise a scraping edge (edge surface of 54) configured to contact and scrape the heating element when the cleaning head is received in the heating chamber.
With regards to claim 3, the one or more scraping elements comprise an elastically deformable material (page 20, lines 16-17).
With regards to claim 7, the one or more scraping elements comprise two protrusions (one on each side of the opening; figure 7) extending from opposing sides of the distal opening.
With regards to claim 8, each of the one or more scraping elements extend over a portion of the distal opening (figure 7).
With regards to claim 9, the one or more scraping elements comprise: a base portion (portion of 54 embedded within 26) coupled to the distal end of the body; and a protrusion portion extending from the base portion in a direction parallel with the longitudinal axis of the cleaning tool (upwardly extending portion of 54) (figure 7).
With regards to claim 10, the end wall comprises an end face comprising a substantially planar surface and the distal opening is located in the end face (figure 7 shows the planar surface of 26).
With regards to claim 11, one or more guide elements (62) extending from the body and configured to position the distal opening relative to the heating element when the tool is received in the heating chamber.
With regards to claim 12, the one or more guide elements are configured to cooperate with an alignment element in the heating chamber to align the distal opening with the heating element (figure 7 and 8).
With regards to claim 13, the body comprises at least one lateral wall (cylindrical surface to which element 26 is attached to) extending parallel to the longitudinal axis between the proximal end and distal end of the body; and wherein the cleaning head further comprises one or more protrusions (60) extending from the at least one lateral wall, the one or more protrusions configured to scrape one or more surfaces of the heating chamber.
With regards to claim 14, a system comprising: an aerosol-generating device comprising a heating chamber (16) and a heating element (22) with a substantially rectangular cross section extending into the heating chamber from a bottom chamber wall of a heating chamber; and a tool for cleaning the aerosol-generating device according to claim 1.
With regards to claim 16, the one or more scraping elements comprise an elastically deformable material (page 20, lines 16-17).
With regards to claim 18, the one or more scraping elements comprise a scraping edge (edge surface of 54) configured to contact and scrape the heating element when the cleaning head is received in the heating chamber.
With regards to claim 19, the one or more scraping elements comprise an elastically deformable material (page 20, lines 16-17).
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 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.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bologna (‘635) or Zhao (‘177) or Batista (‘334) all in view of Zhou (CN 111466618).
Bologna, Zhao and Batista teach all the essential elements of the claimed invention however fail to teach the heating chamber comprises one or more inclined surfaces extending from the bottom chamber wall adjacent to the heating element and configured to move residue scraped from the heating element by the one or more scraping elements away from the heating element as the scraping elements are brought into contact with the one or more inclined. Zhou teaches a heating chamber (2) with a inclined surfaces (6, 61) extending from the bottom wall (8) (figure 1) adjacent to a heating element (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 Bologna, Zhao and Batista so that their heating chambers have inclined surfaces as taught by Zhou to direct residue away from the heating element after being cleaned.
Claim(s) 4, 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Batista (‘334)
and
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bologna (‘635).
Batista and Bologna teach all the essential elements of the claimed invention however fail to teach that the scraping edges comprise a material harder than the elastically deformable material (claim 4 and 20) and that the scraping elements comprise a roughed portion (claim 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 surface or material that scraping edges of Batista and Bologna are made of to allow for the best cleaning possible of the heating element. Having a roughened surface or a hardened surface will assist in removing residue from the surface of the heating element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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/SHAY KARLS/Primary Examiner, Art Unit 3723
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