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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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Claim(s) 9, 11-15, 17, 22-24, 26 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over FRASER et al. (US 2023/0078670) in view of LIM (US 2022/0408812)
With respect to claims 9 and 28, FRASER et al. discloses a heater for an aerosol generating device (Abstract). The heater comprises a flexible, electrically insulating backing film, 30 (“electrically insulating base’) (Paragraph [0046]) and a conductive foil, 21, disposed thereon (Paragraph [0055]). The foil is disposed between the insulating backing film and a heat shrink, 50 (“electrically insulating base”) (Paragraphs [0061], [0062], [0072], [0073]; Figure 3).
The heater of FRASER et al. comprises a heater portion, 20, configured to heat an aerosol source (Paragraphs [0028], [0067]) and contact leg portions, 23 (“flexible printed circuit”) (Paragraph [0056]; Figures 1 and 3) configured to connect the heater to the PCB (‘printed circuit board”) and power source
The contact legs are between the insulating bases as well as the heater (Annotated figure 3, below) and a first conductive track includes a first region in a vicinity of the heater and a second region located between the first region and the circuit board, wherein a width of the first conductive track in the second region is larger than a width of the first conductive track in the first region.
[AltContent: textbox (Width of first conductive track in the second region ; larger than in the first region)][AltContent: arrow][AltContent: textbox (Width of first conductive track in the vicinity of heater; smaller than in the second region)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Portion of “flexible printed circuit” between bases)][AltContent: ]
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FRASER et al. does not explicitly disclose the claimed power supply device with the power supply. LIM discloses a heater for an aerosol generating device (Abstract) that includes the device, 10000, in which the heater is placed (Paragraph [0042]; Figures 1-3) and a power supply, 11000, for supplying power to the heater (Paragraphs [0048]-[0052]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the power supply device of LIM, in which the heater of FRASER et al. can be used, so that the user is provided with a complete aerosol generating device. Moreover, the wiring of the heater is manufactured by etching or printing (Paragraph [0109], [0110]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention to print the track of FRASER et al. as taught by LIM for the purpose of forming the desired pattern.
With respect to claim 11, FRASER et al. discloses that the film heater is integrally formed with the flexible printed circuit (Figures 1 and 3; Paragraph [0056]).
With respect to claim 12, FRASER et al. shows that the first conductive track is provided continuously from the flexible printed circuit to the film heater, and the width of the first conductive track in the first region is larger than a width of the first conductive track in the film heater (Annotated figure 3, below).
[AltContent: arrow][AltContent: textbox (Width of film heater track)][AltContent: arrow][AltContent: textbox (Width of first conductive track in the second region ; larger than in the first region)][AltContent: arrow][AltContent: textbox (Width of first conductive track in the vicinity of heater; smaller than in the second region)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Portion of “flexible printed circuit” between bases)][AltContent: ]
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With respect to claim 13, FRASER et al. discloses a temperature sensor, 71, configured to detect a temperature of the heater (Paragraphs [0059], [0060], [0066]; Figure 8), but does not explicitly disclose that the sensor is connected to a second track of the foil.
LIM discloses that a portion of the track, 505 (“second conductive track”) is proved for seating the temperature sensor to more accurately measure the temperature of the heater (Paragraph [0093]; Figure 5, 9 and 10).
It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a second conductive track connected to the foil of FRASER et al., for mounting the sensor, as taught by LIM, so that the temperature of the heater can be more precisely measured.
With respect to claim 14, FRASER et al. shows the width of the second conductive track 21a (equivalent to the seat of LIM) over which the temperature sensor is placed (Paragraph [0066]; Figure 10) is smaller than the first conductive track in the first region (annotated figure 3, below).
[AltContent: textbox (Width of second conductive track)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Width of first conductive track in the second region ; larger than in the first region)][AltContent: arrow][AltContent: textbox (Width of first conductive track in the vicinity of heater; smaller than in the second region)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Portion of “flexible printed circuit” between bases)][AltContent: ]
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With respect to claim 15, FRASER et al. discloses that the heater tracks are substantially uniform in width (“width of the tracks are constant”) (Paragraph [0012]).
With respect to claim 17, FRASER et al. discloses a heat transfer tube, 60, (Paragraph [0046]) and the heater is wound around an outer periphery thereof (Figures 4 and 5). LIM discloses that the heater is wrapped in a cylindrical shape (Paragraph [0131], [0133]; Figure 12).
With respect to claim 22¸FRASER et al. discloses that the entire heating structure is wrapped around the tube (Paragraph [0046]). Thus, the claimed boundary (and the rest of the flexible sheet) is implicitly folded.
With respect to claim 23¸FRASER et al. discloses that the electrically insulating material is polyimide (Paragraph [0057]). Thus, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to use polyimide for layer, 50 as well for the same reason as layer 30.
With respect to claim 24, LIM discloses that the conductive material comprises copper (Paragraph [0090]).
With respect to claim 26, FRASER et al. discloses that the heater track is formed in a meandering pattern comprising a plurality of straight portions extending parallel and a plurality of arc portions connecting adjacent straights (Figure 1; Paragraph [0056]). Likewise, LIM discloses that the heater track is formed in a meandering pattern comprising a plurality of straight portions extending parallel and a plurality of arc portions connecting adjacent straights ( Paragraphs [0026], [0107]; Figure 5).
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Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over FRASER et al. (US 2023/0078670) in view of LIM (US 2022/0408812) as applied to claims 9, 11-15, 17, 22-24, 26 and 28 above, and further in view of ALARCON et al. (US 2011/0265806).
With respect to claim 16¸modified FRASER et al. does not explicitly disclose the claimed power converter. ALARCON et al. discloses a power converter on the PCB so that the signal generator power is converted to electrical power provided to the heater (Paragraph [0057]-[0059]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a power converter on the PCB of FRASER et al., as taught by ALARCON et al. so that the signal power can be converted to electrical power sent from the battery, through the PCB and then to the heater.
All of the conductive tracks in the heater are implicitly electrically connected to the PCB, and thus the power converter.
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Claim(s) 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over FRASER et al. (US 2023/0078670) in view of LIM (US 2022/0408812) as applied to claims 9, 11-15, 17, 22-24, 26 and 28 above, and further in view of SHEN et al. (US 2012/0199572).
With respect to claim 18, modified FRASER et al. discloses that the temperature sensor is on a mounting portion (505) (LIM; Paragraphs [0092], [0093]; Figure 5) and protrudes from the surface of the heater (LIM Figures 9 and 10).
Modified FRASER et al. does not explicitly disclose the claimed thermistor. SHEN et al. discloses that the temperature sensor can be a thermistor (Paragraph [0030]). Thus, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to use a thermistor on the mounting portion of modified FRASER et al., as taught by SHEN et al. so that the temperature of the heater can be measured.
With respect to claim 19, LIM discloses that the mounting portion comprises a reinforcing plate (Paragraphs [0108]-[0114]; Figure 8)
With respect to claim 20, FRASER et al. discloses that the metal is stainless steel (Paragraph [0055]) and LIM discloses that the plate may be the same material as the wiring (Paragraph [0108]-[0112]).
With respect to claim 21, FRASER et al. discloses that the sensor is aligned in a longitudinal direction of the tube and with the axial direction of the tube (Figures 9 and 10; Paragraph [0079]).
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Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over FRASER et al. (US 2023/0078670) in view of LIM (US 2022/0408812) as applied to claims 9, 11-15, 17, 22-24, 26 and 28 above, and further in view of CAMERON (US 2016/0324212).
With respect to claim 27, modified FRASER et al. does not explicitly disclose the claimed first and second cartridges. CAMERON discloses a vaporizer, 300, that comprises two cartridges, 206a and 206b, therein (Paragraph [0073]; Figure 3). Each cartridge contains a vaporizable liquid (“aerosol source”) and provides a custom flavor mix (Paragraphs [0042] and [0073]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a first and second cartridge in the power supply device of modified FRASER et al., as taught by CAMERON so that the user can be provided with custom flavor mixes of inhalable aerosol.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 10, while FRASER et al. discloses that the PCB is connected to the heater and power supply, there isn’t a teaching on the relative distances, as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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