Detailed Office 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 .
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.
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)(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) 1-5, 7, 10, 12-16, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pijnenburg (WO2020074515A1 - US20220022541A1 used for rejection).
In regards to claim 1, Pijnenburg discloses an aerosol provision device (aerosol generating device 40) for generating an aerosol from aerosol-generating material (Aerosol-generating article refers to an article comprising an aerosol-forming substrate. An aerosol-generating article may be a smoking article that generates an aerosol that is directly inhalable into a user's lungs through the user's mouth. [0039]) comprising:
a receptacle (heater shell 10) defining a heating zone (cavity 11) for receiving at least a portion of an article containing aerosol-generating material (aerosol forming substrate 52)(An aerosol-generating article comprising an aerosol-forming substrate may be inserted into the cavity at least partially defined by the heating element received in the heater shell [0053]);
the receptacle (heater shell 10) comprising a peripheral wall (inner wall 12 of heater shell 10);
a protrusion (protrusion 16) protruding from the peripheral wall (inner wall 12 of heater shell 10) into the heating zone (the protrusions 16 on the inner wall 12 of the heater shell 10 [0051]);
wherein the peripheral wall (inner wall 12 of heater shell 10) and the protrusion (protrusions 16) are formed from different materials (The heater shell/inner wall may be heat reflective [0009]. The protrusion may be made from a polymeric material [0014]).
In regard claim 2, Pijnenburg discloses an aerosol provision device of claim 1, wherein the peripheral wall (inner wall 12) comprises a heating element (heating element positioned in contact with, flush with, or adjacent to the inner wall of heater shell 10 [0053]).
In regard to claim 3, Pijnenburg discloses an aerosol provision device of claim 1, wherein the peripheral wall (inner wall 12 including the heating element positioned along the inner wall [0053]) comprises a material heatable by penetration with a magnetic field (heating element comprising susceptor material inductively heatable by a surrounding induction coil [0029]).
In regard to claim 4, Pijnenburg discloses an aerosol provision device of claim 1, wherein the protrusion (protrusion on inner wall 12 [0013]) is free from a material heatable by penetration with a magnetic field (protrusion formed from polymeric material having low thermal conductivity [0014]).
In regard to claim 5, Pijnenburg discloses an aerosol provision device of claim 1, wherein the peripheral wall is a tubular member (tubular heater shell 10 having inner wall 12) ([0050]).
In regard to claim 7, Pijnenburg discloses an aerosol provision device of claim 1, wherein the protrusion (protrusion 16) is mounted on an inner surface of the peripheral wall (protrusion 16 provided on inner wall 12 of heater shell 10 [0013]).
In regard to claim 10, Pijnenburg discloses an aerosol provision device of claim 1, wherein an outer sealing member (support element 24 surrounding and receiving heater shell 10 [0023]), wherein the peripheral wall (inner wall 12 of heater shell 10) is at least partially received by the outer sealing member (heater shell 10 inserted into and received within support element 24 [0023]).
In regard to claim 12, Pijnenburg discloses an aerosol provision device of claim 1, wherein a cavity (thermally insulating cell/air-filled space) defined between the peripheral wall (outer wall of heater shell 10) and the outer sealing member (support element 24) (¶ [0025]).
In regard to claim 13, Pijnenburg discloses an aerosol provision device of claim 1, wherein the protrusion (projection 28) protrudes from the outer sealing member (projection 28 extending from inner wall 26 of support element 24 [0054]).
In regard to claim 14, Pijnenburg discloses an aerosol provision device of claim 1, wherein the outer sealing member (support element 24 configured to receive and support heater shell 10 [0023]) and the protrusion (projection 28 extending from inner wall 26 of support element 24 toward heater shell 10 [0054]). Pijnenburg teaches that the projections of support element 24 contact the heater shell while reducing the contact area between the support element and heater shell.
In regard to claim 15, Pijnenburg discloses an aerosol provision device of claim 1, wherein an inductor coil (induction coil surrounding the susceptor heating element [0029]), wherein the outer sealing member (support element 24 supporting the heater-shell/heating-element arrangement [0023]) acts as an inductor coil support (support element 24 supporting the heating arrangement about which the induction coil is arranged [0029]).
In regard to claim 16, Pijnenburg discloses an aerosol provision device of claim 1, wherein a plurality of protrusions (plurality of interconnected protruding walls defining cavities on inner wall 12 [0014]).
In regard to claim 18, Pijnenburg discloses an aerosol provision device of claim 1, wherein the protrusion comprises a rib (protruding wall of the interconnected wall structure extending from inner wall 12 [0014]).
In regard to claim 20, Pijnenburg discloses an aerosol provision device of claim 1, wherein an aerosol provision system (aerosol-generating device 40) comprising the aerosol provision device (heater assembly including heater shell 56 [0058]) and an article (aerosol-generating article 54) containing aerosol-generating material (aerosol-forming substrate 52), in which the article is at least partially receivable in the heating zone of the aerosol provision device (aerosol-generating article 54 received within the heater assembly for heating by heating element 50 inside heater shell 56 [0058]).
Claim(s) 1-2, 5-7, 10-12, 15-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Batista (WO2021037824A1 (from IDS) – US20220295894A1 used for rejection).
In regards to claim 1, Batista discloses an aerosol provision device for generating an aerosol from aerosol-generating material (aerosol forming substrate 18) comprising:
a receptacle (cavity 10) defining a heating zone for receiving at least a portion of an article containing aerosol-generating material (The aerosol-generating device comprises a cavity 10 for insertion of an aerosol-generating article 12. The cavity 10 is configured as a heating chamber [0096]);
the receptacle (cavity 10) comprising a peripheral wall (thermally insulating element 22);
a protrusion (susceptor arrangement 14) protruding from the peripheral wall (thermally insulating element 22) into the heating zone;
wherein the peripheral wall and the protrusion are formed from different materials (Suitable materials for the susceptor arrangement include graphite, molybdenum, silicon carbide, stainless steels, niobium, aluminum, nickel, nickel containing compounds, titanium, and composites of metallic materials. [0063]. The housing may comprise any suitable material or combination of materials including metals, alloys, plastics or composite materials containing one or more of those materials, or thermoplastics that are suitable for food or pharmaceutical applications, for example polypropylene, polyetheretherketone (PEEK) and polyethylene. Preferably, the material is light and non-brittle. [0069]).
In regard claim 2, Batista discloses an aerosol provision device of claim 1, wherein the peripheral wall (thermally insulating element 22) comprises a heating element (induction coil 16).
In regard to claim 5, Batista discloses an aerosol provision device of claim 1, wherein the peripheral wall (thermally insulating element 22) is a tubular member (The thermally insulating element 22 has a hollow cylindrical shape. [0102]).
In regard to claim 6, Batista discloses an aerosol provision device of claim 1, wherein the protrusion is an axially extending rib (The elongate gaps may be parallel to the longitudinal axis of the aerosol-generating device [0018]).
In regard to claim 7, Batista discloses an aerosol provision device of claim 1, wherein the protrusion (susceptor arrangement 14) is mounted on an inner surface of the peripheral wall (element 22) (The susceptors may be attached to the suspension springs [0013]. The suspension spring 46 may be integrally formed with the thermally insulating element 22 [0111]).
In regard to claim 10, Batista discloses an aerosol provision device of claim 1, comprising an outer sealing member (housing 24), wherein the peripheral wall (thermally insulating element 22) is at least partially received by the outer sealing member (coil compartment 34 between thermally insulating element 22 and housing 22; the coil compartment 34 surrounds thermally insulated element 22 and housing 24 surrounds the coil compartment 34 [0104]).
In regard to claim 11, Batista an aerosol provision device of claim 10, comprising a seal (resilient sealing element 38) between the peripheral wall (thermally insulating element 22) and the outer sealing member (housing 24) (the downstream end 26 of housing 24 is connected to thermally insulated element 22, and resilient sealing element 38 is arranged surrounding the downstream end of cavity 10 and is air-penetrable to prevent air from escaping cavity 10 [0105 &0106]).
In regard to claim 12, Batista discloses an aerosol provision device of claim 10, comprising a cavity (coil compartment 34) defined between the peripheral wall (thermally insulated element 33) and the outer sealing member (housing 24) (the coil compartment 34 surrounds thermally insulated element 22 and housing 24 surrounds the coil compartment 34 [0104]).
In regard to claim 15, Batista discloses an aerosol provision device of claim 10, comprising an inductor coil (induction coil 16), wherein the outer sealing member (housing 24) acts as an inductor coil support (induction coil 16 is contained in coil compartment 34, with housing 24 surrounding coil compartment 34 [0104]).
In regard to claim 16, Batista discloses an aerosol provision device of claim 1, comprising a plurality of protrusions (The susceptor arrangement 14 comprises multiple susceptor blades. [0097]).
In regard to claim 17, Batista discloses an aerosol provision device of claim 1, wherein the protrusion (susceptor arrangement 14/suspensions springs 46) is arranged to space an outer surface of the article (outer circumference of aerosol-generating article 12) from the peripheral wall (thermally insulating element 22) (suspension springs 46 bridges the distance between susceptor arrangement 14 and wall 22; aerosol generating article is accommodated withing the susceptor arrangement).
In regard to claim 20, Batista discloses an aerosol provision system comprising the aerosol provision device (aerosol generating device) of claim 1, and an article (aerosol generating article 12) containing aerosol generating material (substrate portion 18), in which the article is at least partially receivable in the heating zone (cavity 10; portion surrounded by induction coil 16) of the aerosol provision device (the aerosol generating article 12 is inserted into cavity 10, substrate portion 18 is received in cavity 10, and filter portion 20 is sticks out of the cavity 10 [0107]).
Claim(s) 1, 8-9, 19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greim (EP3253234B1 (from IDS)).
In regards to claim 1, Greim discloses an aerosol provision device (aerosol generating device 100) for generating an aerosol from aerosol-generating material (aerosol forming article 190) comprising:
a receptacle (extractor 130) defining a heating zone (cavity 135) for receiving at least a portion of an article containing aerosol-generating material (aerosol generating article 190);
the receptacle comprising a peripheral wall (side wall 131/end wall 137 of extractor 130);
a protrusion (heater blade 110) protruding from the peripheral wall (side wall 131/end wall 137) into the heating zone (cavity 135); wherein the peripheral wall and the protrusion are formed from different materials (the side wall 131/end wall 137 of extractor 130 is made of insulating material [0029]. The heater comprises an electrically resistive material [0032]).
In regards to claim 8, Greim discloses an aerosol provision device of claim 1, wherein the receptacle (extractor 130) comprises an aperture (aperture 138) in the peripheral wall (side wall 131/end wall 137 of extractor 130); and wherein the protrusion (heater blade 110) protrudes through the aperture in the peripheral wall into the heating zone (cavity 135) [0064].
In regards to claim 9, Greim discloses an aerosol provision device of claim 8, wherein the protrusion (heater blade 110) is correspondingly shaped to the aperture (aperture 138) (A slot-shaped aperture 138 is defined through the end-wall 137 to allow a heater blade to penetrate the cavity of the extractor 130. [0062].
In regards to claim 19, Greim discloses an aerosol provision device (aerosol generating device 100) for generating an aerosol from aerosol-generating material (aerosol forming substrate 192) comprising:
a receptacle (extractor 130) defining a heating zone (cavity 135) for receiving at least a portion of an article containing aerosol-generating material (cavity 135 receives aerosol generating article 190, including the aerosol forming substrate 192);
the receptacle (extractor 130) comprising a peripheral wall (end wall 137/side walls 131 of extractor) and an aperture (aperture 138) in the peripheral wall (end wall 137/side walls 131 of extractor);
and a protrusion (heater blade 110) protruding through the aperture in the peripheral wall into the heating zone (heater blade 110 passes through aperture 138 into cavity 135) [0064 and 0067].
In regards to claim 21, Greim discloses an aerosol provision system comprising the aerosol provision device of claim 19 and an article (aerosol generating article 190) containing aerosol generating material (aerosol forming substrate 192), in which the article is at least partially receivable in the heating zone (cavity 135) of the aerosol provision device (aerosol generating article 190 is received within the cavity 135 of aerosol generating device 100 [0067]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH C NNABUGWU whose telephone number is (571)272-8791. The examiner can normally be reached Mon-Thurs. 8:30am-5:00pm.
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/HANNAH CHINWE NNABUGWU/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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