DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the electrical insulation layer must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
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 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020074601 A1 (hereinafter REEVELL). REEVELL was made of record on applicant’s information disclosure statement filed October 2, 2024
Regarding claim 1, REEVELL discloses a heating chamber for an aerosol generating device (abstract). REEVELL discloses a first insulator (Fig. 2, combination of washers 107a and 107b, page 5) comprising insulation material (page 5); a second insulator (Fig. 2, insulating member 152, page 6) comprising an inner wall (metallic layer 144) and an outer wall (walled tube 154). REEVELL further discloses a cavity (Fig. 2, heating chamber 108, page 5) having a main longitudinal axis and comprising an opening (Fig. 2, open end 110, page 5) in which an aerosol forming substance (Fig. 4, substrate carrier 114, page 11) can be received, where the cavity is defined radially inwardly of the first insulator and the second insulator (as shown in Fig. 2). REEVELL further discloses the first insulator surrounding a first portion of the cavity along the main longitudinal axis, the second insulator surrounding a second portion of the cavity which is at least partially separate to the first portion, and wherein the first portion of the cavity is positioned between the opening and the second portion of the cavity. This is shown in Fig. 2. The washers 107 (first insulator) is position adjacent the opening and the insulating member 152 (i.e. second insulator) is positioned below the washer.
REEVELL further discloses a heater (Fig. 2, heater 124, page 6) positioned radially inwardly with respect to the outer wall of the second insulator, the heater configured to provide heat to an aerosol forming substance received in the cavity (page 8).
REEVELL does not disclose the first insulator comprising a length of at least 3 millimetres
REEVELL teaches various dimensions of the device. For example, REEVELL teaches that the length of the overall heating chamber may be between 30 mm and 40 mm (page 16). Therefore, though figures are not presumed to be drawn to scale, when visually inspecting Fig. 2, it is reasonable to conclude that the length of the washer 107b is at least 3 mm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of REEVELL to have the first insulator comprising a length of at least 3 millimetres since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the instant case, the device of REEVELL would not operate differently with the claimed values and since insulation is provided around the entrance by the washer they would need to be a predetermined distance to properly insulate and 3 mm would function appropriately to do so.
Regarding claim 2, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL further discloses the second insulator is a vacuum insulator and the vacuum is enclosed between the inner and outer walls (page 6).
Regarding claim 3, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL further discloses the second insulator comprises an insulating material between the inner and outer walls (page 2, page 6).
Regarding claim 4, REEVELL teaches the heating apparatus of claim 3 as discussed above. REEVELL further discloses the insulating material comprises at least one of: air, an aerogel material, a powder or a fibrous insulating material (page 6).
Regarding claim 5, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL further discloses where the heater is provided on the inner wall of the second insulator between the inner and outer wall. As shown in Fig. 2, the heater 124 is on the inner wall 144 and between the inner and outer wall.
Regarding claim 6, REEVELL teaches the heating apparatus of claim 5 as discussed above. REEVELL further teaches an electrical insulation layer provided between the heater and the inner wall. As shown in Fig. 2, there is an air gap between the heater and the inner wall that is considered to read upon an electrical insulation layer. Further REEVELL teaches that there is a need for electrical connections to go through an insulating base (page 21). A person of ordinary skill in the art would obviously rearrange the parts to ensure electrical power is supplied only where desired with predictable results.
Regarding claim 7, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL further teaches the second insulator defines an end of the cavity.
REEVELL teaches that the cavity has a base 112 (Fig. 2). REEVELL teaches that the insulating member 152 is comprised of the insulating base and insulating side wall (page 36). REEVELL teaches that in this embodiment the side wall and base are made of a continuous material which has the advantage of providing efficient and effective thermal insulation to ensure the majority of the heat emitted by the heater stays in the heating chamber (page 36). It would have been obvious to one of ordinary skill in the art to make the second insulator also define the end of the cavity. Doing so would provide efficient and effective thermal insulation.
Regarding claim 8, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL further teaches the heater is cup-shaped and defines an end of the cavity. REEVELL teaches that the heater chamber is cup shaped and the heater is similarly cup shaped in that it extends completely around the base (page 25). A person of ordinary skill in the art would obviously use a cup shaped heater because doing so would match the shape of the heating chamber to provide good heat transfer (page 25
Regarding claim 9, REEVELL teaches the heating apparatus of claim 7 as discussed above. REEVELL further teaches the end of the cavity comprises one or more holes to enable airflow into the cavity.
REEVELL teaches that the cavity has a base 112 and 156 (Fig. 8, page 34). REEVELL teaches that a channel is provided at the base of the heating chamber to fluidly communicate with the environment outside of the outer casing. REEVELL teaches that the air can bass through channel 113. REEVELL teaches that in this embodiment the side wall and base are made of a continuous material which has the advantage of providing efficient and effective thermal insulation to ensure the majority of the heat emitted by the heater stays in the heating chamber (page 36). It would have been obvious to one of ordinary skill in the art to provide a hole in the cavity. Doing so would introduce air into the device to mix with the substrate to be delivered to the user (page 38).
Regarding claim 10, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL discloses the outer wall of the second insulator comprises a metal and/or a plastic (page 6).
Regarding claim 11, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL discloses the heater is a resistance heater (page 21).
Regarding claim 12, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL discloses one or more wires configured to connect the heater to a power source (page 21).
Regarding claim 13, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL further discloses an aerosol generating device configured to generate an aerosol for inhalation by a user (Fig. 1, aerosol generating device 100)
Regarding claim 14, REEVELL teaches the heating apparatus of claim 1 as discussed above. REEVELL further discloses an aerosol forming consumable (Fig. 4, substrate carrier 114). REEVELL discloses: a filter (Fig. 4, aerosol collection region 130); an aerosol forming substance (Fig. 4, aerosol substrate 128); and a wrapping material (Fig. 4, outer layer 132) arranged to hold the filter and the aerosol forming substance so as to provide a predetermined gap between the filter and the aerosol forming substance (page 28). REEVELL discloses that the substrate is inserted in such a way that the substrate and the collection region are placed by the protrusions (page 29). This is considered to be a predetermined gap.
Regarding claim 15, REEVELL teaches the heating apparatus of claim 10 as discussed above. REEVELL further teaches the outer wall of the second insulator comprises stainless steel. REEVELL teaches the use of stainless steel as a material for construction because it has a thermal conductivity that insulates (page 8). A person of ordinary skill in the art would obviously use stainless steel for the walls to control thermal transfer with predictable results.
Regarding claim 16, REEVELL teaches the heating apparatus of claim 10 as discussed above. REEVELL further teaches the outer wall of the second insulator comprises polyether ether ketone (“PEEK”). REEVELL teaches the user of PEEK as a material for construction because it has a thermal conductivity that insulates (page 5). A person of ordinary skill in the art would obviously use PEEK for the walls to control thermal transfer with predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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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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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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