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.
Claim 16 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.
Regarding claim 16, the claim recites “the peripheral side wall”; however, claim 16 depends from claim 1, and claim 1 does not previously introduce or provide antecedent basis for a peripheral side wall. The peripheral side wall is first introduced in claim 2. Accordingly, it is unclear what structure is intended by “the peripheral side wall” in claim 16.
For purposes of continued examination, “the peripheral side wall” is interpreted as referring to a peripheral side wall of the tubular member defining the heating chamber.
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)(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, 2, 4–9, and 11–20 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by Hijma (US 2024/0081413 A1).
Hijma claims priority to EP 21154758.3, filed February 2, 2021. The certified copy of the foreign priority application supports the subject matter relied upon herein, including the heating chamber, flat internal side faces, aerosol-generating article held between and compressed by the flat internal side faces, frictional retention, polygonal chamber geometry, corner air gaps, and heating elements.
Regarding claim 1, Hijma teaches an aerosol provision device for generating an aerosol from aerosol-generating material (aerosol-generating device 10 for heating aerosol-generating article 100 comprising aerosol-forming substrate 102) (¶ [0058]) comprising:
an elongate tubular member (substantially cylindrical side wall 30 extending longitudinally) (¶ [0066]) defining a heating chamber (heating chamber 18 defining cavity 20) (¶ [0061]) configured to receive at least a portion of an article containing aerosol-generating material (cavity 20 receiving aerosol-generating article 100 comprising aerosol-forming substrate 102) (¶ [0063]);
wherein the tubular member comprises at least one face (inner surface 36 comprising a plurality of flat internal side faces) (¶ [0067]) defining a contact surface with at least a portion of an article when the at least a portion of an article is received in the heating chamber (article 100 being held between and compressed by the four main flat internal side faces) (¶ [0067]);
and wherein the at least one face is arranged to distend away at a tangent from the at least a portion of an article when the at least a portion of an article is received in the heating chamber (the flat internal side faces contact the cylindrical article 100 and extend tangentially away from the curved outer surface of article 100 toward the spaced corner regions) (¶ [0067]; Fig. 4).
Regarding claim 2, Hijma teaches the aerosol provision device of claim 1, wherein the tubular member comprises a peripheral side wall (side wall 30) (¶ [0066]) defining the heating chamber (side wall 30 defining cavity 20 of heating chamber 18) (¶ [0066]).
Regarding claim 4, Hijma teaches the aerosol provision device of claim 2, wherein the peripheral side wall comprises a first inner dimension perpendicular to the longitudinal axis between diametrically opposing points of the peripheral side wall arranged to correspond to a diameter of at least a portion of an article when the at least a portion of an article is received in the heating chamber (opposing flat internal side faces hold and compress cylindrical article 100, such that the face-to-face inner dimension corresponds to the diameter of article 100) (¶ [0067]; Fig. 4); and a second inner dimension perpendicular to the longitudinal axis between diametrically opposing portions of the peripheral side wall arranged to be greater than a diameter of at least a portion of an article when the at least a portion of an article is received in the heating chamber (air gaps remain toward the four corners, such that the corner-to-corner inner dimension is greater than the diameter of article 100) (¶ [0067]; Fig. 4).
Regarding claim 5, Hijma teaches the aerosol provision device of claim 1, wherein the at least one face is one of a plurality of inner faces defining the heating chamber (inner surface 36 comprises a plurality of flat internal side faces defining the substantially square cross-section of heating chamber 18) (¶ [0067]).
Regarding claim 6, Hijma teaches the aerosol provision device of claim 5, wherein the plurality of inner faces is configured to form a push fit with the at least a portion of an article received in the heating chamber (article 100 is held between and compressed by the four main flat internal side faces and held in place by friction within cavity 20) (¶ [0067]).
Regarding claim 7, Hijma teaches the aerosol provision device of claim 5, wherein the plurality of inner faces define a polygonal cross section (the flat internal side faces form a substantially square cross-section) (¶ [0067]).
Regarding claim 8, Hijma teaches the aerosol provision device of claim 5, wherein at least two faces of the plurality of faces distend away at a tangent (adjacent flat internal side faces contact cylindrical article 100 and extend tangentially away from the curved outer surface of article 100) (¶ [0067]; Fig. 4) to form a juncture radially spaced from the article (the flat internal side faces extend toward corner regions having air gaps between the chamber and article 100) (¶ [0067]; Fig. 4).
Regarding claim 9, Hijma teaches the aerosol provision device of claim 8, wherein the juncture comprises a corner (the substantially square heating chamber comprises four corner regions between adjacent main flat internal side faces) (¶¶ [0066]–[0067]; Fig. 4).
Regarding claim 11, Hijma teaches the aerosol provision device of claim 7, wherein the polygonal cross section comprises at least four sides (the substantially square cross-section comprises four main flat internal side faces) (¶ [0067]).
Regarding claim 12, Hijma teaches the aerosol provision device of claim 7, wherein the polygonal cross section comprises at least four junctures (the substantially square cross-section comprises four corner regions joining the four main flat internal side faces) (¶¶ [0066]–[0067]; Fig. 4).
Regarding claim 13, Hijma teaches the aerosol provision device of claim 12, wherein the junctures are configured to provide axial airflow passages from a proximal end to a distal end of the tubular member (air gaps are provided toward the four corner regions between article 100 and inner surface 36, through which air flows longitudinally through heating chamber 18 between wrapper 110 and inner surface 36) (¶¶ [0067], [0085]).
Regarding claim 14, Hijma teaches the aerosol provision device of claim 7, wherein the polygonal cross section is equilateral (the flat internal side faces form a substantially square cross-section) (¶ [0067]).
Regarding claim 15, Hijma teaches the aerosol provision device of claim 1, wherein each of the at least one face is free from protrusions (inner surface 36 comprises a plurality of flat internal side faces that directly hold and compress aerosol-generating article 100; in some embodiments, susceptor mounts are not provided, such that the flat internal side faces remain free of projecting mounting structures) (¶¶ [0067], [0070]).
Regarding claim 16, Hijma teaches the aerosol provision device of claim 1, wherein the tubular member comprises an opening at a proximal end (open first end 26 through which aerosol-generating article 100 is inserted into heating chamber 18) (¶ [0062]) defined by the peripheral side wall (side wall 30 extends to open first end 26) (¶ [0066]).
Regarding claim 17, Hijma teaches the aerosol provision device of claim 1, wherein the tubular member comprises a heating element (heating chamber 18 comprises susceptors 42 configured to heat aerosol-generating article 100 upon inductive heating) (¶¶ [0074]–[0075]).
Regarding claim 18, Hijma teaches the aerosol provision device of claim 1, wherein the at least one face is configured to locate the article concentrically within the heating chamber (the four main flat internal side faces symmetrically hold and compress cylindrical article 100 within the substantially square heating chamber 18) (¶ [0067]; Fig. 4).
Regarding claim 19, Hijma teaches an aerosol provision device for generating an aerosol from aerosol-generating material comprising an elongate tubular member having a longitudinal axis and defining a heating chamber (substantially cylindrical side wall 30 extending longitudinally and defining heating chamber 18/cavity 20) (¶ [0066]) configured to receive at least a portion of an article containing aerosol-generating material (cavity 20 receives aerosol-generating article 100 comprising aerosol-forming substrate 102) (¶ [0063]); wherein the tubular member comprises a plurality of inner faces defining the heating chamber (inner surface 36 comprises a plurality of flat internal side faces defining the substantially square chamber) (¶ [0067]); and wherein each of the plurality of inner faces is configured to abut at least a portion of an article when the at least a portion of an article is received in the heating chamber (article 100 is held between and compressed by the four main flat internal side faces) (¶ [0067]).
Regarding claim 20, Hijma teaches an aerosol provision system comprising the aerosol provision device of claim 1 and an article containing aerosol-generating material (aerosol-generating system comprising aerosol-generating device 10 and aerosol-generating article 100 comprising aerosol-forming substrate 102) (¶¶ [0058], [0063]) in which the article is at least partially receivable in the heating chamber of the aerosol provision device (article 100 is received within cavity 20 of heating chamber 18) (¶ [0061]).
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.
Claims 3 and 10 are rejected under 35 U.S.C. § 103 as being unpatentable over Hijma in view of Reevell (US 2021/0378309 A1).
Regarding claim 3, Hijma teaches the aerosol provision device of claim 2 including a peripheral side wall defining the heating chamber (side wall 30 defining cavity 20 of heating chamber 18) (¶ [0066]), but does not expressly teach wherein the peripheral side wall defining the heating chamber has a constant inner cross-section along the longitudinal length of the peripheral side wall.
Hijma further teaches that the configuration of side wall 30 may vary, including a substantially cylindrical tubular configuration having a polygonal cross-section, and expressly provides a substantially square chamber configuration for receiving aerosol-generating article 100 (¶¶ [0066]–[0067]). Thus, Hijma contemplates selection of the chamber-wall geometry while maintaining the function of receiving and retaining the aerosol-generating article.
Reevell teaches a peripheral side wall defining a heating chamber (tubular side wall 126 of heating chamber 108) (¶ [0056]) having a constant inner cross-section along the longitudinal length of the peripheral side wall (the cross-section is generally uniform over the length of heating chamber 108) (¶ [0056]). Reevell further teaches that side wall 126 and base 112 may be formed as a unitary body, which can result in a stronger overall heating chamber (¶ [0057]), and that heating chamber 108 may be formed by deep drawing, which is an effective method of forming the chamber and permits formation of a very thin side wall (¶¶ [0063]–[0064]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the peripheral side wall of Hijma to have a constant inner cross-section along its longitudinal length, as taught by Reevell, because Hijma already contemplates variation of the heating-chamber geometry and Reevell teaches the claimed uniform longitudinal configuration in a tubular heating chamber, while further providing a stronger chamber suitable for effective manufacture by deep drawing with a thin side wall.
Regarding claim 10, Hijma teaches the aerosol provision device of claim 8 including a juncture between adjacent inner faces radially spaced from the article (the four main flat internal side faces are connected by four beveled corner faces, with air gaps remaining toward the four corners between heating chamber 18 and article 100) (¶¶ [0066]–[0067]; Fig. 4), but does not expressly teach wherein the juncture comprises a fillet.
Hijma therefore already teaches modifying the transition between adjacent flat internal side faces at the corner regions by providing beveled corner faces (¶ [0066]). Reevell similarly teaches a transition between adjoining surfaces wherein an edge may have a beveled shape, and expressly teaches that, in other embodiments, the edge may instead have a curved or rounded shape as it merges with the adjoining side wall (¶ [0082]). Reevell further teaches that the associated chamber structure may employ a wide variety of shapes, including curved shapes, to provide the desired structural configuration (¶ [0084]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the beveled corner junctures of Hijma to instead comprise curved or rounded fillets, as taught by Reevell, because Reevell expressly teaches a curved or rounded transition as an alternative to a beveled transition between adjoining surfaces, thereby predictably providing the claimed filleted juncture while maintaining Hijma’s flat internal side faces and article-receiving chamber geometry.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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