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 .
Specification
The disclosure is objected to because of the following informalities: The specification is objected to because of an inconsistency in the reference numeral identifying the aerosol-generating article on page 6, lines 7–10.
The specification recites that “the heating module defines a receptacle for receiving at least a portion of the article 130” and subsequently states that “at least a portion of the article 130 is receivable in the heating chamber 132.” However, reference numeral 130 identifies the heating module, while the aerosol-generating article is identified elsewhere in the specification and figures as article 120.
Applicant is required to amend the specification to replace “article 130” with “article 120” at each occurrence on page 6, or otherwise clarify the intended reference numeral.
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities: Claim 6 initially recites “an inductor coil” and subsequently recites “the inductor.” Although the intended reference is reasonably clear, the terminology is inconsistent. Applicant is required to amend “the inductor” to “the inductor coil,” or otherwise clarify the intended referent. Appropriate correction is required.
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 4, 20, and 24 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.
Regarding claim 4, the recitation of “the electrical connection configuration” lacks antecedent basis. Claim 4 depends from claim 3, which depends from claim 1, and neither claim 1 nor claim 3 introduces an electrical connection configuration.
Regarding claim 20, the recitation of “the cavity” lacks antecedent basis. Claim 20 depends from claim 16, and claim 16 does not previously introduce a cavity.
Regarding claim 24, the recitation of “the first and second heating modules” lacks antecedent basis. Claim 24 depends from claim 16, which introduces only a heating module and does not previously introduce first and second heating modules.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10 recites “The device of claim 10…”, thereby improperly depending from itself rather than from a preceding claim.
For purposes of examination of the prior art only, claim 10 is treated as intending to depend from claim 9. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1–9, 11, 12, 14–18, and 20 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Stura et al. (US 2020/0237000 A1).
Regarding claim 1, Stura teaches an aerosol-generating device (aerosol-generating device 16; Fig. 2, ¶ [0041]) comprising:
a device body comprising a power supply (first housing portion 18 comprising battery 40; Fig. 4, ¶ [0045]);
a heating module arranged to mount with the device body (induction-heater structure associated with second housing portion 20, which is attachable to first housing portion 18; Fig. 6, ¶ [0047]);
a heating chamber configured to receive at least a portion of an article containing aerosol-generating material (recess of second housing portion 20 receiving consumable 38; Fig. 4, ¶ [0044]);
a heating element configured to heat the heating chamber (heating element 26 positioned within the article-receiving region; Fig. 3, ¶ [0040]); and
wherein the heating module is separable from the device body (second housing portion 20 carrying the heater-side structure is detachable from first housing portion 18; Fig. 6, ¶ [0047]).
Regarding claim 2, Stura further teaches an electrical connection configuration arranged to electrically connect the heating module with the power supply of the device body (contacting terminals at the mating interface electrically connecting induction coil 36 to battery 40; Fig. 6, ¶ [0048]).
Regarding claim 3, Stura further teaches a mount configured to releasably mount the heating module with the device body (second housing portion 20 configured to be attached to first housing portion 18 in either of two orientations; Fig. 6, ¶ [0047]).
Regarding claim 4, Stura further teaches the electrical connection configuration being on the mount (first and second terminals of second housing portion 20 and corresponding contact terminals of first housing portion 18 provided at the housing connection arrangement;, ¶ [0018]).
Regarding claim 5, Stura further teaches the heating element comprising a material configured to be heated by a varying magnetic field (heating element 26 inductively heated by the varying magnetic field generated by induction coil 36; Fig. 3, ¶ [0040]).
Regarding claim 6, Stura further teaches the heating module comprising an inductor coil configured to generate a varying magnetic field (induction coil 36 arranged about heating element 26; Fig. 3, ¶ [0040]).
Regarding claim 7, Stura further teaches the inductor coil being fixed relative to the heating element (induction coil 36 fixed in position relative to heating element 26 within second housing portion 20; Fig. 5, ¶ [0046]).
Regarding claim 8, Stura further teaches the heating module comprising a peripheral exterior wall (peripheral exterior wall of second housing portion 20 surrounding the heater-side components; Fig. 2, ¶ [0042]).
Regarding claim 9, Stura further teaches the heating module comprising a secondary body arranged to mount with the device body (second housing portion 20 detachably mounted with first housing portion 18; Fig. 6, ¶ [0048]).
Regarding claim 11, Stura further teaches the device body and the secondary body configured to enclose the heating module (first housing portion 18 and second housing portion 20 enclosing the heater-side components in the assembled device; Fig. 2, ¶ [0042]).
Regarding claim 12, Stura further teaches the secondary body comprising a cavity configured to receive at least a portion of the heating module (cavity of second housing portion 20 receiving induction coil 36; Fig. 3, ¶ [0043]).
Regarding claim 14, Stura teaches a heating module arranged to mount with a device body comprising a power supply (second housing portion 20 carrying the heater-side components and detachably attachable to first housing portion 18 containing battery 40; Fig. 6, ¶ [0048]); a receptacle configured to receive at least a portion of an article containing aerosol-generating material (article-receiving recess receiving consumable 38; Fig. 4, ¶ [0044]); a heating element configured to heat the article (heating element 26; Fig. 3, ¶ [0040]); and an electrical connection configuration arranged to electrically connect the heating module with the power supply (first and second terminals of second housing portion 20 and corresponding contact terminals of first housing portion 18 electrically coupling the induction coil to the power supply when the housing portions are connected ¶ [0018]).
Regarding claim 15, Stura further teaches an aerosol-generating system comprising the aerosol-generating device and an aerosol-generating article (aerosol-generating device 16 receiving consumable 38 containing aerosol-forming substrate; Fig. 4, ¶ [0044]).
Regarding claim 16, Stura teaches a primary device body (first housing portion 18; Fig. 2, ¶ [0042]), a heating module (second housing portion 20 carrying induction coil 36 and associated heater-side structure; Fig. 4, ¶ [0044]), and a secondary device body (second housing portion 20; Fig. 2, ¶ [0042]), wherein the primary device body, heating module, and secondary device body are separable (second housing portion 20 and the heater-side structure are separable from first housing portion 18 in the modular arrangement; Fig. 6, ¶ [0048]).
Regarding claim 17, Stura further teaches the heating module comprising a heating chamber configured to receive at least a portion of an article containing aerosol-generating material (article-receiving heating region within second housing portion 20 around heating element 26; Fig. 5, ¶ [0046]).
Regarding claim 18, Stura further teaches the secondary device body comprising a cavity configured to receive at least a portion of an aerosol-generating article (article-receiving recess of second housing portion 20 receiving consumable 38; Fig. 4, ¶ [0044]).
Regarding claim 20, Stura further teaches an airpath extending from the cavity to an opening on a peripheral face of the secondary device body (air inlet 46 groove opening at a peripheral face of second housing portion 20 and communicating with the article-receiving cavity; Fig. 4c, ¶ [0046]).
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 10 is rejected under 35 U.S.C. § 103 as being unpatentable over Stura et al. (US 2020/0237000 A1) in view of Thorens et al. (US 2016/0021933 A1).
Regarding claim 10, Stura teaches the limitations of claim 9 as set forth above, including a secondary body (second housing portion 20; Fig. 2, ¶ [0042]). Stura does not teach the secondary body comprising a mouthpiece.
Thorens is directed to an aerosol-generating system in which an aerosol-containing cartridge is used with a mouth-end structure and therefore is pertinent to providing a user mouth interface at the article-receiving end of an aerosol-generating device. Thorens teaches a mouthpiece cover 300 positioned over and engaging cartridge 200, wherein the mouthpiece cover is placed in a user’s mouth during use (Figs. 1–4; ¶¶ [0009], [0077]). Thorens further teaches that the replaceable mouthpiece cover improves hygiene by permitting the mouth-contacting component to be replaced between smoking sessions or users (¶ [0084]).
Therefore, it would have been obvious to modify Stura's second housing portion 20 to comprise a mouthpiece arranged over the received aerosol-generating article, as taught by Thorens, in order to provide a replaceable mouth-contacting portion that facilitates hygienic use while retaining Stura's separable article-receiving housing arrangement.
Claims 22 and 24 are rejected under 35 U.S.C. § 103 as being unpatentable over Stura et al. (US 2020/0237000 A1) in view of Kim et al. (US 2023/0404166 A1).
Regarding claim 22, Stura teaches the underlying separable aerosol-generating-device arrangement as set forth above, including a device body and a heating module separable from the device body (first housing portion 18 and detachable heater-side arrangement associated with second housing portion 20; Fig. 6, ¶ [0047]). Stura does not teach a first heating module comprising a first heating element and a second heating module comprising a second heating element.
Kim is directed to the same field of modular aerosol-generating devices and specifically addresses replacement of removable heater modules while retaining a common main body. Kim teaches a plurality of removable heater modules 210a, 210b, 210c, and 210d selectively combinable with main body 220 (Fig. 2; ¶ [0069]). Kim further teaches first removable heater module 210a comprising first heater 211a and second removable heater module 210b comprising second heater 211b (¶¶ [0103]–[0104]).
Therefore, it would have been obvious to modify Stura's separable heating-module arrangement to provide first and second removable heating modules, each comprising a respective heating element, as taught by Kim, so that different heater modules could be selectively coupled to and operated with the same device body.
Regarding claim 24, modified Stura teaches the underlying device arrangement as set forth above. Stura does not teach the first and second heating modules being interchangeable.
Kim further teaches that one removable heater module may be replaced by another removable heater module for operation with the same main body 220, including removable heater modules 210a, 210b, 210c, and 210d (Fig. 2; ¶ [0069]).
Therefore, it would have been obvious to configure the first and second heating modules of modified Stura as interchangeable heating modules, as taught by Kim, so that either heating module could be selectively attached to and operated with the same device body.
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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