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 “wherein a length of the end zone is greater than 1 mm and optionally, greater than 4 mm.” The term “optionally” renders the scope of the claim unclear because it is uncertain whether the claimed length of the end zone is required to be merely greater than 1 mm or is additionally required to be greater than 4 mm.
For purposes of continued examination, the limitation is interpreted as requiring a length of the end zone greater than 1 mm, with the recitation “optionally, greater than 4 mm” treated as non-limiting.
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, 5–8, 11–15, and 17–20 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Abi Aoun et al., based on WO 2020/182743 A1, published September 17, 2020. US 2022/0183372 A1 is cited as the corresponding U.S. publication.
Rejecting claim 1, Abi Aoun teaches an aerosol provision device comprising:
a receptacle (hollow tubular susceptor 132) arranged to receive at least a portion of an article comprising aerosol generating material (aerosol-generating article 110 comprising aerosol-generating material 110a) (¶ [0133]);
the receptacle comprising a heating element (inductively heatable susceptor 132) defining a heating zone arranged to receive a first part of the portion of the article receivable in the receptacle (aerosol-generating material 110a received within susceptor 132) (¶ [0134]);
and a base member (second support 144) at an end of the heating element (the proximal end of susceptor 132) (¶ [0169]); wherein the base member defines an end zone (the expansion chamber defined by second support 144) arranged to receive at least a second part of the portion of the article receivable in the receptacle (article 110 received through the expansion chamber and retained therein by retention clip 146) (¶ [0131]);
and wherein the base member is free from material heatable by penetration with a varying magnetic field (second support 144 comprising non-electrically-conductive PEEK that does not generate heat as a result of the induction coils) (¶ [0059]).
Rejecting claim 5, Abi Aoun teaches the base member comprises a peripheral wall (second support 144 having a peripheral engagement region 506 extending about and engaging the proximal end of susceptor 132) (¶ [0169]).
Rejecting claim 6, Abi Aoun teaches the peripheral wall defines a cavity arranged to receive at least the second part of the portion of the article (second support 144 defining an expansion chamber through which article 110 is received) (¶ [0131]).
Rejecting claim 7, Abi Aoun teaches the peripheral wall extends from the heating element (second support 144 having protrusions 226 extending axially from the proximal end of susceptor 132 along the outer surface thereof) (¶ [0170]).
Rejecting claim 8, Abi Aoun teaches the peripheral wall partially overlaps the heating element (protrusions 226 of second support 144 extending along and around the outer surface of susceptor 132) (¶ [0170]).
Rejecting claim 11, Abi Aoun teaches a cross-sectional profile of the end zone corresponds to a cross-sectional profile of the heating zone (the expansion chamber of second support 144 and tubular susceptor 132 being coaxial article-receiving regions having corresponding substantially circular cross-sectional profiles) (¶¶ [0131], [0134]).
Rejecting claim 11, Abi Aoun teaches a cross sectional profile of the end zone corresponds to a cross sectional profile of the heating zone (second support/expansion chamber 144 corresponding to the circular cross-sectional profile of tubular susceptor 132) (¶¶ [0123], [0136]).
Rejecting claim 12, Abi Aoun teaches the base member is an end support arranged to support an end of the heating element (second support 144 receiving and engaging the proximal end of susceptor 132) (¶ [0169]).
Rejecting claim 13, Abi Aoun teaches the end support is a first end support at a first end of the heating element (first support 136 receiving and engaging the distal end of susceptor 132) (¶ [0167]) and the device comprises a second end support at a second end of the heating element (second support 144 receiving and engaging the proximal end of susceptor 132) (¶ [0169]).
Rejecting claim 14, Abi Aoun teaches the base member is formed from an insulating material (second support 144 formed from PEEK plastic having low thermal conductivity) (¶ [0172]).
Rejecting claim 15, Abi Aoun teaches the base member comprises a retention feature (second support 144 defining the expansion chamber having retention clip 146 therein to abut and hold article 110 when received in the device) (¶ [0131]).
Rejecting claim 15, Abi Aoun teaches the base member comprises a retention feature (second support/expansion chamber 144 comprising retention clip 146 configured to abut and hold article 110) (¶ [0131]).
Rejecting claim 17, Abi Aoun teaches the aerosol provision device comprises an inductor coil (first and second inductor coils 124, 126) (¶ [0118]).
Rejecting claim 18, Abi Aoun teaches the inductor coil encircles at least part of the heating element (inductor coils 124, 126 positioned around insulating member 128 and coaxially around susceptor 132) (¶ [0125]).
Rejecting claim 19, Abi Aoun teaches an aerosol provision device comprising:
a receptacle (hollow tubular susceptor 132) arranged to receive at least a portion of an article comprising aerosol generating material (aerosol-generating article 110 comprising aerosol-generating material 110a) (¶ [0133]);
the receptacle comprising a heating element (inductively heatable susceptor 132) defining a heating zone arranged to receive a first part of the portion of the article receivable in the receptacle (aerosol-generating material 110a received within susceptor 132) (¶ [0134]);
and a base member (second support 144) at an end of the heating element (the proximal end of susceptor 132) (¶ [0169]);
wherein the base member defines an end zone (the expansion chamber defined by second support 144) arranged to receive at least a second part of the portion of the article receivable in the receptacle (article 110 received through the expansion chamber and retained therein by retention clip 146) (¶ [0131]);
and wherein the base member is formed from an insulating material and free from a heating material (second support 144 formed from PEEK plastic having low thermal conductivity, separate from inductively heated susceptor 132) (¶ [0172]).
Rejecting claim 20, Abi Aoun teaches an aerosol provision system comprising an aerosol provision device according to claim 1, and an article comprising aerosol generating material (aerosol provision device 100 used with replaceable article 110 comprising aerosol-generating medium) (¶ [0107]); wherein the article is dimensioned to be at least partially received within the receptacle (article 110 being fully or partially insertable into the heating assembly of device 100) (¶ [0109]).
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 2–4 are rejected under 35 U.S.C. § 103 as being unpatentable over Abi Aoun et al. (US 2022/0183372 A1, based on WO 2020/182743 A1) in view of Batista et al. (US 2020/0375253 A1).
Regarding claims 2–4, Abi Aoun teaches the aerosol provision device of claim 1 as discussed above, including a base member (second support 144) defining an end zone arranged to receive at least a second part of the portion of the article (the expansion chamber defined by second support 144 through which article 110 is received and retained) (¶ [0131]).
Abi Aoun further teaches airflow through the device during use to generate aerosol from article 110 and deliver the aerosol to the user (¶ [0115]).
However, Abi Aoun does not expressly teach wherein the base member comprises an air path extending through the base member, wherein the base member defines an end wall of the receptacle, and wherein the air path extends through the end wall.
Batista teaches an aerosol-generating device having cavity 440 for receiving an aerosol-generating article, with cavity base wall 444 defining an end wall of cavity 440 (¶ [0174]). Batista further teaches an airflow path extending through opening 446 in cavity base wall 444, through which incoming air passes toward passageway 466 and the aerosol-generating region (¶ [0184]), thereby allowing aerosol generated from the aerosol-generating material to become entrained in the airflow and delivered through the device (¶ [0120]).
Therefore, 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 base member of Abi Aoun to define an end wall of the receptacle and provide an air path extending through the base member and the end wall, as taught by Batista, to permit airflow through the article-receiving region so that aerosol generated from the aerosol-generating material is entrained in the airflow and delivered through the device. This would have been applying a known airflow configuration to a known aerosol-generating device ready for improvement to yield the predictable result of directing airflow through the receptacle end wall and into the article-receiving region. MPEP § 2143(I)(D).
Claims 9, 10, and 16 are rejected under 35 U.S.C. § 103 as being unpatentable over Abi Aoun et al. (US 2022/0183372 A1, based on WO 2020/182743 A1) in view of Thorsen et al. (US 2020/0253280 A1).
Regarding claim 9, Abi Aoun teaches the aerosol provision device of claim 1 as discussed above, including a heating element (inductively heatable susceptor 132) defining a heating zone arranged to receive a first part of the portion of the article (aerosol-generating material 110a received within susceptor 132) (¶ [0134]); and a base member (second support 144) defining an end zone arranged to receive at least a second part of the portion of the article (the expansion chamber defined by second support 144 through which article 110 is received and retained) (¶ [0131]). Abi Aoun further teaches susceptor 132 extending longitudinally through the heating assembly and having a length of about 44.5 mm (¶ [0139]).
However, Abi Aoun does not expressly teach wherein an axial length of the heating zone is greater than an axial length of the end zone.
Thorsen teaches heating zones 220, 230 having axially arranged heating regions with widths of about 5–6 mm, 9–10 mm, and 6–7 mm (¶ [0036]), and a non-heating region 310 having an axial width of about 2–10 mm, including about 2 mm in the illustrated embodiment (¶ [0047]). Thorsen further teaches that such heating may be provided using other heating arrangements, including inductive heating (¶ [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Thorsen’s known dimensional arrangement to the heating zone and end zone of Abi Aoun such that the axial length of the heating zone is greater than the axial length of the end zone, because doing so would have been applying a known technique to a known aerosol-heating device ready for improvement to yield the predictable result of the relative heating and non-heating zone dimensions taught by Thorsen. MPEP § 2143(I)(D).
Regarding claim 10, Abi Aoun teaches the aerosol provision device of claim 9 as discussed above, including a heating element (inductively heatable susceptor 132) defining a heating zone (aerosol-generating material 110a received within susceptor 132) (¶ [0134]); and a base member (second support 144) defining an end zone (the expansion chamber defined by second support 144 through which article 110 is received and retained) (¶ [0131]).
However, Abi Aoun does not expressly teach wherein the axial length of the heating zone is at least four times the axial length of the end zone.
Thorsen teaches heating zones 220, 230 having axially arranged heating regions with widths of about 5–6 mm, 9–10 mm, and 6–7 mm (¶ [0036]), thereby providing a heating-zone axial length of about 20–23 mm. Thorsen further teaches a non-heating region 310 having an axial width of about 2–10 mm, including about 2 mm in the illustrated embodiment (¶ [0047]). Thus, using the expressly taught 20 mm heating-zone length and 2 mm non-heating-region length, the heating zone is 10 times the axial length of the non-heating region (20 mm ÷ 2 mm = 10), thereby teaching the axial length of the heating zone is at least four times the axial length of the end zone. Thorsen further teaches that such heating may be provided using other heating arrangements, including inductive heating (¶ [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Thorsen’s known dimensional arrangement to the heating zone and end zone of Abi Aoun such that the axial length of the heating zone is at least four times the axial length of the end zone, because doing so would have been applying a known technique to a known aerosol-heating device ready for improvement to yield the predictable result of the relative heating and non-heating zone dimensions taught by Thorsen. MPEP § 2143(I)(D).
Regarding claim 16, Abi Aoun teaches the aerosol provision device of claim 1 as discussed above, including a base member (second support 144) defining an end zone arranged to receive at least a second part of the portion of the article (the expansion chamber defined by second support 144 through which article 110 is received and retained) (¶ [0131]).
However, Abi Aoun does not expressly teach wherein a length of the end zone is greater than 1 mm.
Thorsen teaches a non-heating region 310 having an axial width of about 2–10 mm, including about 2 mm in the illustrated embodiment (¶ [0047]), thereby teaching a non-heating region having a length greater than 1 mm. Thorsen further teaches that such heating arrangements may be implemented using other heating arrangements, including inductive heating (¶ [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Thorsen’s known dimensional arrangement to the end zone of Abi Aoun such that the length of the end zone is greater than 1 mm, because doing so would have been applying a known technique to a known aerosol-heating device ready for improvement to yield the predictable result of the non-heating zone dimension taught by Thorsen. MPEP § 2143(I)(D).
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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