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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of conflicting copending Application No. 19125765. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 1, claims 1 and 3 of Application No. 19125765 teach; A flavour inhaler (“A flavor inhaler…”— claim 1, line 1) comprising: an accommodating part configured to accommodate a consumable product including a smokable product (“…an accommodating portion in which a flavor generating article is accommodated…”— claim 1, lines 1-2 ), wherein the accommodating part has an opening configured to allow insertion of the consumable product therein (“…an accommodating portion…which is provided with a first opening…”— claim 1, lines 1-2 ), a first space formation part that is connected to the opening and forms a space throughout a periphery between the first space formation part and an outer peripheral surface of the accommodated consumable product (“…first member which extends from the accommodating portion…”— claim 1, line 4, and Fig. 3, reference character 36—‘first member’), a second space formation part that is positioned at a farther side from the opening than the first space formation part and forms a space throughout the periphery between the second space formation part and the outer peripheral surface of the accommodated consumable product (“…outside the accommodating portion, a second member…”—claim 1, line 5, and Fig. 9, reference character 200—‘second member’), a first support part that is positioned between the first space formation part and the second space formation part in a longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product (The examiner notes that the broadest reasonable interpretation of ‘the first support part’, merely requires at least one component contacting another component within a finite space defined by the first and second space formation parts. Therefore, the limitation of, ‘a contacting surface ‘, recited in, ‘the second member is provided with at least one contacting portion that includes a contacting surface having a shape’, in claim 3, line 2 of the conflicting application, corresponds to ‘the first support part’ of the immediate application), and a second support part that is positioned at a farther side from the opening than the second space formation part in the longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product (“…a side surface of the first member.”, recited in claim 3, line 3, of the conflicting application, corresponds to ‘a second support part’ in the immediate application).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Specification
The abstract of the disclosure is objected to because ‘…a consumable product includes…’, recited in line 2, should read, ‘a consumable product which includes…’. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 8 and 17 are objected to because of the following informalities:
Regarding claim 8, ‘…wherein none of the two ridges…’, recited on, page 4, line 1, should read, ‘…whereinneither of the two ridge.
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 10, 17, and 18 are rejected under 35 U.S.C. 112(b) for a lack of sufficient antecedent basis.
Regarding claim 10, the limitation, “the direction substantially parallel to the longitudinal direction of the accommodating part”, recited in lines 3-4, lacks sufficient antecedent basis rendering the claim indefinite. For examination purposes the limitation is interpreted as, “a direction substantially parallel to the longitudinal direction of the accommodating part”.
Regarding claim 17, the limitations of, “the chamber” and “the heating region”, recited in line 2 and line 3 respectively, lack sufficient antecedent basis due to a discrepancy in claim dependency, rendering the claim indefinite. “a chamber” and “a heating region” are recited in claim 2, not in claim 3, the latter of which claim 17 depends. For examination purposes, the preamble of claim 17 is interpreted as, “The flavour inhaler according to claim 2
Regarding claim 18; due to claim 18’s dependency on claim 17, all 112(b) rejections associated with claim 17, as indicated above, are inherited by claim 18. A proper correction according to the examiner’s interpretation would fix the indicated 112(b) issues. For examination purposes claim 18 is interpreted as written by the applicant.
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 1-4, 17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LEE (US20200154765A1).
Regarding claim 1, LEE teaches; A flavour inhaler (“The aerosol generating device…”— [0104]) comprising: an accommodating part configured to accommodate a consumable product including a smokable product (“The casing 210 has a hollow cylindrical shape, and includes the path 20 to accommodate the cigarette 7…”— [0104]), wherein the accommodating part has an opening configured to allow insertion of the consumable product therein (“The casing 210…includes…an opening 21…”— [0104]), a first space formation part that is connected to the opening and forms a space throughout a periphery between the first space formation part and an outer peripheral surface of an accommodated consumable product (see I in Modified Portion of FIG. 7 below), a second space formation part that is positioned at a farther side from the opening than the first space formation part and forms a space throughout the periphery between the second space formation part and the outer peripheral surface of the accommodated consumable product (see II in Modified Portion of FIG. 7 below), a first support part that is positioned between the first space formation part and the second space formation part in a longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product (see III in Modified Portion of FIG. 7 below), and a second support part that is positioned at a farther side from the opening than the second space formation part in the longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product (see IV in Modified Portion of FIG. 7 below).
Modified Portion of FIG. 7
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Regarding claim 2, LEE, as shown above, teaches all the limitations of claim 1.
LEE further teaches; the accommodating part has a chamber (space provided throughout the accommodating part corresponding to reference character 20— ‘path’, in FIG. 7) having a heating region configured to heat the consumable product (FIG. 7, and [0080]— "One side end portion 31 of the heater 30 is arranged inside the path 20…”), and a guide part configured to guide, to the chamber, the consumable product having been inserted from the opening (FIG. 7, and [0104]— “…one end 20f of the path 20 to the outside such that the cigarette 7 is inserted from the outside into the opening 21…”), and wherein the second space formation part (II) and the second support part (IV) are provided at the chamber, and the first space formation part (I) and the first support part (III) are provided at the guide part (see V and VI in Modified Portion of FIG. 7 below).
Modified Portion of FIG. 7
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Regarding claim 3, LEE, as shown above, teaches all the limitations of claim 1.
LEE further teaches; the second support part (II) has a set of contact parts that are configured to be in contact with the outer peripheral surface of the accommodated consumable product (FIG. 7, reference character 7) and disposed so as to be substantially equally spaced apart from each other in a peripheral direction of the accommodating part (see Modified Portion of FIG. 7 below), and a set of connecting parts connecting the set of contact parts to each other (see Modified Portion of FIG. 7 below).
Modified Portion of FIG. 7
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Regarding claim 4, LEE, as shown above, teaches all the limitations of claim 3.
LEE further teaches; the first support part (III) has a set of first protrusions (VI, and FIG. 7, reference character 225— 'plurality of protrusions’) that protrude from an inner wall surface of the first support part and are disposed so as to be substantially equally spaced apart from each other in the peripheral direction of the accommodating part (see Modified Portion of FIG. 7 below), and wherein each of the set of first protrusions is provided at a position that overlaps with a corresponding one of the set of contact parts (V) when seen in the longitudinal direction of the accommodating part (see Modified Portion of FIG. 7 below).
Modified Portion of FIG. 7
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Regarding claim 17, LEE, as shown above, teaches all the limitations of claim 2.
LEE further teaches; the chamber (FIG. 7, reference character 20) includes a heat source (FIG.7, reference characters 30 and 31) configured to supply heat to the heating region, wherein the heat source is disposed such that the heat source and the second support part overlap with each other in the longitudinal direction of the accommodating part (see FIG. 7).
Regarding claim 19, LEE, as shown above, teaches all the limitations of claim 2.
LEE further teaches that; expression (1) below is satisfied:
(1):
L
2
≥
L
1
/
2
where L1 is a length of the guide part in the longitudinal direction of the accommodating part, and L2 is a length of the first space formation part in the longitudinal direction (see Modified Portion of FIG. 10 below).
Modified Portion of FIG. 10
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Regarding claim 20, LEE, as shown above, teaches all the limitations of claim 1.
LEE further teaches; A smoking system (FIG. 28, reference character 1) comprising: the flavour inhaler according to claim 1 (“In the embodiments illustrated in FIGS. 18 through 30F below, a modified aerosol generating device…may be applied to the aerosol generating devices of the embodiments illustrated in FIGS. 1 through 17…”— [0164]); and the consumable product (FIG. 28, reference character 3).
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 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over LEE (US20200154765A1).
LEE outlines an embodiment wherein the aerosol generating device comprises: a casing (FIG. 2, reference character 10) comprised of, 11— ‘an inner container’, 12— ‘a middle container’, and 13— ‘an outer container’.
Regarding claim 1, LEE teaches; A flavour inhaler (“…aerosol generating device…”— [0069]) comprising: an accommodating part configured to accommodate a consumable product (“...the casing 10 includes an inner container 11… to accommodate the cigarette 7…”— [0073]) including a smokable product (FIG. 2, reference character 7— ‘cigarette’), wherein the accommodating part has an opening configured to allow insertion of the consumable product therein (“The inner container 11 includes… an opening 21 opened to the outside at one end 20f of the path 20 such that the cigarette 7 is inserted into the opening 21…”— [0074]), and a first space formation part that is connected to the opening and forms a space throughout a periphery between the first space formation part and an outer peripheral surface of the accommodated consumable product (FIG. 2 reference character 25—‘protrusions’).
LEE does not explicitly teach; a second space formation part that is positioned at a farther side from the opening than the first space formation part and forms a space throughout the periphery between the second space formation part and the outer peripheral surface of the accommodated consumable product, a first support part that is positioned between the first space formation part and the second space formation part in a longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product, and a second support part that is positioned at a farther side from the opening than the second space formation part in the longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product, in the embodiment according to FIG. 2.
LEE does however teach that in, “...the embodiment illustrated in FIGS. 1 through 3… four protrusions 25 are illustrated in the drawing, [and] the embodiments are not limited to the number of the protrusions 25, and accordingly, the number of the protrusions 25 may be modified in various manners.”— [0085]. LEE further teaches various manners in which the protrusions can be arranged in FIGS. 6 through 17 with specific structural detail.
In FIG. 7, LEE teaches an embodiment wherein; a second space formation part that is positioned at a farther side from the opening than the first space formation part and forms a space throughout the periphery between the second space formation part and the outer peripheral surface of the accommodated consumable product (see II in Modified Portion of FIG. 7 below), a first support part that is positioned between the first space formation part and the second space formation part in a longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product (see III in Modified Portion of FIG. 7 below), and a second support part that is positioned at a farther side from the opening than the second space formation part in the longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product (see IV in Modified Portion of FIG. 7 below).
Modified Portion of FIG. 7
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LEE is analogous to the claimed invention because they are both related to the same field of devices using solid inhalable precursors. It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the accommodating part (11), as taught by LEE in accordance with the embodiment covered in FIG. 2, by acknowledging LEE’s suggestion of adding additional protrusions, such that a second space formation part that is positioned at a farther side from the opening than the first space formation part and forms a space throughout the periphery between the second space formation part and the outer peripheral surface of the accommodated consumable product, a first support part that is positioned between the first space formation part and the second space formation part in a longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product, and a second support part that is positioned at a farther side from the opening than the second space formation part in the longitudinal direction of the accommodating part and presses the outer peripheral surface of the consumable product to support the consumable product, as taught by LEE in the embodiment according to FIG. 7, for the explicit motivations LEE recites; so that, “…the external air for assisting generation of aerosol may be sufficiently and smoothly supplied into the interior of the aerosol generating device.”— [0091], to enhance other heat transfer properties, and modify the airflow path.
Regarding claim 2, LEE, as shown above, teaches all the limitations of claim 1.
LEE further teaches; the accommodating part has a chamber (FIG. 2, space provided by 25p—‘flow passage’, at the bottom portion of 11) having a heating region (region around reference characters 30—‘heater’ and 31— ‘end portion of the heater’, in FIG. 2) configured to heat the consumable product (FIG. 2, reference character 7), and a guide part configured to guide, to the chamber, the consumable product having been inserted from the opening (“…one end 20f of the path 20 such that the cigarette 7 is inserted into the opening 21…”—[0074]), and wherein the second space formation part (II) and the second support part (IV) are provided at the chamber, and the first space formation part (I) and the first support part (III) are provided at the guide part (see V and VI in Modified Portion of FIG. 7 below).
Modified Portion of FIG. 7
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Regarding claim 3, LEE, as shown above, teaches all the limitations of claim 1.
LEE further teaches; the second support part (see Modified Portion of FIG. 7 below) has a set of contact parts that are configured to be in contact with the outer peripheral surface of the accommodated consumable product and disposed so as to be substantially equally spaced apart from each other in a peripheral direction of the accommodating part (see Modified Portion of FIG. 7 below), and a set of connecting parts connecting the set of contact parts to each other (see Modified Portion of FIG. 2 below).
Modified Portion of FIG. 7
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Modified Portion of FIG. 2
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Regarding claim 4, LEE, as shown above, teaches all the limitations of claim 3.
LEE further teaches that; the first support part has a set of first protrusions that protrude from an inner wall surface of the first support part and are disposed so as to be substantially equally spaced apart from each other in the peripheral direction of the accommodating part (see Modified Portion of FIG. 7, in the rejection regarding claim 2 above), and wherein each of the set of first protrusions is provided at a position that overlaps with a corresponding one of the set of contact parts when seen in the longitudinal direction of the accommodating part. It would be obvious to one of ordinary skill in the art that after the modification to the accommodating part, as in claims 1 and 2, the device would necessarily include the feature that the set of first protrusions is provided at a position that overlaps with a corresponding one of the set of contact parts when seen in the longitudinal direction of the accommodating part (see Overlay of FIG. 2 on FIG. 7 below).
Overlay of FIG. 2 on FIG. 7
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Regarding claim 5, LEE, as shown above, teaches all the limitations of claim 4.
LEE further teaches that; when the consumable product is inserted into the opening and accommodated in the accommodating part in a direction substantially parallel to the longitudinal direction of the accommodating part, in a section perpendicular to the longitudinal direction of the accommodating part, each of the set of first protrusions protrudes to an inside of a virtual external shape indicating the outer peripheral surface of the consumable product that has not been deformed (see FIG. 3).
Regarding claim 6, LEE, as shown above, teaches all the limitations of claim 4.
LEE further teaches; the set of first protrusions extend in the longitudinal direction of the accommodating part, and wherein the set of first protrusions have inclined parts such that, when a section in the longitudinal direction of the accommodating part is seen, a distance between the inclined parts and a center in a radial direction of the accommodating part reduces as a distance between the inclined parts and the opening increases (“…the protrusions [may] include a contact surface contacting the outer surface of the end portion of the cigarette and an inclined surface inclined toward a center of the path in a direction from the one end to the other end of the path…”— [0096], and FIG. 6).
Regarding claim 7, LEE, as shown above, teaches all the limitations of claim 4.
LEE further teaches that; when a section perpendicular to the longitudinal direction of the accommodating part is seen, each of the set of first protrusions has a first side, a second side, and a vertex connecting the first side and the second side to each other, and wherein an angle formed between the first side and the second side is an obtuse angle (“…protrusion has an approximately rectangular parallelepiped shape.”— [0125], FIG. 6 and FIG. 10). It would be obvious to one of ordinary skill in the art that upon modifying the shape of the protrusions as shown in Overlay of FIG. 2 on FIG. 7 above, with the feature that they are approximately rectangular parallelepiped shaped, as taught by LEE, would necessarily impart the limitation that; when a section perpendicular to the longitudinal direction of the accommodating part is seen, each of the set of first protrusions necessarily has a first side, a second side, and a vertex connecting the first side and the second side to each other, and wherein an angle formed between the first side and the second side is an obtuse angle based on the rectangular parallelepiped geometry of the protrusion.
Regarding claim 8, LEE, as shown above, teaches all the limitations of claim 7.
LEE further teaches that; the set of first protrusions include a pair of first protrusions facing each other in the peripheral direction of the accommodating part (see Overlay of FIG. 2 on FIG. 7 above), wherein the pair of first protrusions facing each other each have a first surface that has the first side and extends in the longitudinal direction of the accommodating part, a second surface that has the second side and extends in the longitudinal direction, and a ridge that connects the first surface and the second surface to each other, has the vertex, and extends in the longitudinal direction, wherein neither ridge of the pair of protrusions facing each other is in parallel with the longitudinal direction, and wherein, in a top view of the accommodating part seen from an opening side, the two ridges are inclined in directions opposite to each other with reference to a straight line connecting end parts of the two ridges positioned at an opposite side from the opening in the longitudinal direction or a straight line connecting end parts of the two ridges positioned at an opening side in the longitudinal direction (see Overlay of FIG. 2 on FIG. 7 above, and FIGS. 6 and 10).
Regarding claim 9, LEE, as shown above, teaches all the limitations of claim 4.
LEE further teaches; the first support part has a set of second protrusions that protrude from the inner wall surface of the first support part and are provided so as to be substantially equally spaced apart from each other in the peripheral direction of the accommodating part, and wherein the set of second protrusions are provided at positions that overlap with the set of connecting parts when seen in the longitudinal direction of the accommodating part (see Modified Portion of Overlay of FIG. 2 on FIG. 7 below).
Modified Portion of Overlay of FIG. 2 on FIG. 7
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Regarding claim 10, LEE, as shown above, teaches all the limitations of claim 9.
LEE further teaches that; when the consumable product is inserted into the opening and accommodated in the accommodating part in the direction substantially parallel to the longitudinal direction of the accommodating part, in a section perpendicular to the longitudinal direction of the accommodating part, each of the set of second protrusions is positioned outside a virtual external shape indicating the outer peripheral surface of the consumable product that has not been deformed (Modified Portion of Overlay of FIG. 2 on FIG. 7 below).
Modified Portion of Overlay of FIG. 2 on FIG. 7
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Regarding claim 11, LEE, as shown above, teaches all the limitations of claim 10.
LEE further teaches; each of the set of second protrusions has a curved part curved along the virtual external shape (see Modified Portion of Overlay of FIG. 2 on FIG. 7 directly above).
Regarding claim 12, LEE, as shown above, teaches all the limitations of claim 9.
LEE further teaches; third end parts of the set of second protrusions positioned at the opposite side from the opening in the longitudinal direction of the accommodating part are connected to the second space formation part (see Modified Portion of Overlay of FIG. 2 on FIG. 7 below).
Modified Portion of Overlay of FIG. 2 on FIG. 7
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Regarding claim 13, LEE, as shown above, teaches all the limitations of claim 9.
LEE does not explicitly teach an embodiment in which a shape of the set of first protrusions and a shape of the set of second protrusions are different from each other.
LEE does however teach that, “…the number of the protrusions may be modified in various manners.”— [0085] and provides various manners and shapes in which the protrusions can be modified.
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have sets of protrusions differing in shape, in the same embodiment, as taught by LEE in Overlap of FIG. 2 on FIG. 7, for the explicit motivation LEE outlines; to modify the airflow path and enhance other heat transfer properties.
Regarding claim 14, LEE, as shown above, teaches all the limitations of claim 9.
LEE further teaches; the set of first protrusions and the set of second protrusions are disposed such that the set of first protrusions and the set of second protrusions overlap at least partially with each other in the longitudinal direction of the accommodating part (see Modified Portion of Overlay of FIG. 2 on FIG. 7; it is clear that the sets of protrusions overlap at least partially with each other in the longitudinal direction of the accommodating part).
Regarding claim 15, LEE, as shown above, teaches all the limitations of claim 13.
LEE does not teach all of the specific limitations of claim 15 in any one embodiment, but provides structure and motivation to modify the protrusions such that; the set of first protrusions and the set of second protrusions extend in the longitudinal direction of the accommodating part, wherein each of the set of first protrusions has a first inclined surface that, when a section in the longitudinal direction is seen, extends from a first end part of the first protrusion positioned at the opposite side from the opening in the longitudinal direction and that is inclined such that a distance between the first inclined surface and the center of the accommodating part in the radial direction reduces as a distance between the first inclined surface and the opening reduces, wherein each of the set of second protrusions has a second inclined surface that, when a section in the longitudinal direction is seen, extends from a second end part of the second protrusion positioned at the opening side in the longitudinal direction and that is inclined such that a distance between the second inclined surface and the center of the accommodating part in the radial direction reduces as a distance between the second inclined surface and the opening increases, wherein the first inclined surface of each of the set of first protrusions and the second inclined surface of each of the set of second protrusions are disposed such that the first inclined surface and the second incline surface overlap at least partially with each other in the longitudinal direction of the accommodating part, and wherein an inclination angle or a radius of curvature of the first inclined surface is substantially equal to an inclination angle or a radius of curvature of the second inclined surface. (“…the protrusions [may] include a contact surface contacting the outer surface of the end portion of the cigarette and an inclined surface inclined toward a center of the path in a direction from the one end to the other end of the path…”— [0096], FIG. 6, and FIG. 10).
It would be obvious to one of ordinary skill in the art that an overlay of the inclined protrusion structure shown in FIGS. 6 and 10, onto the protrusion structure shown in the accommodating portion according to Overlay of FIG. 2 on FIG. 7 as shown above, would necessarily encompass all of the spatial limitations recited in claim 15. LEE also provides the explicit teaching that one could modify the protrusions according to other embodiments disclosed therein, and the motivation to make the modifications based on desired airflow pathways and heat transfer properties.
Regarding claim 16, LEE, as shown above, teaches all the limitations of claim 13.
LEE further teaches; the set of contact parts include a pair of contact parts facing each other in the peripheral direction of the accommodating part, wherein the set of connecting parts include a pair of connecting parts facing each other in the peripheral direction of the accommodating part, wherein the first support part has a plurality of first protrusions that protrude from an inner wall surface of the first support part, and wherein, when a section perpendicular to the longitudinal direction of the accommodating part is seen, in a case where a first virtual line connecting centers of the pair of contact parts facing each other and a second virtual line connecting centers of the pair of connecting parts facing each other are drawn, the plurality of first protrusions are disposed such that none of the plurality of first protrusions intersects the first virtual line or the second virtual line (see Modified Portion of Overlay of FIG. 2 on FIG. 7 below).
Modified Portion of Overlay of FIG. 2 on FIG. 7
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Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over LEE (US20200154765A1) in view of AOUN (US20210298350A1).
Regarding claim 18, LEE, as shown above, teaches all the limitations of claim 17.
LEE does not teach that the heat source is a film heater, and wherein the film heater is wound around an outer periphery of the chamber.
AOUN does however teach of an aerosol generation device comprising an amorphous solid comprising tobacco wherein the heat source is a film heater, and the film heater is wound around an outer periphery of the chamber (Figure 7 reference character 23— ‘heater arrangement’, and [0119]— "The or each heating element may be annular or tubular, or at least part-annular or part-tubular around its circumference. In an example, the or each heating element may be a thin film heater.”).
LEE and AOUN are analogous to the claimed invention because they are in the same field of flavour inhalers with tobacco derived substrates. It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the heat source as taught by LEE in claim 17, with a film heater wound around an outer periphery of the chamber, as taught by AOUN, because the substitution is merely a substitution of known components to yield predictable results and because AOUN suggests that; “…the temperature of the heated volatilised components that are generated from the body of aerosol generating material is between 60° C. and 250° C.”— [0128].
CONCLUSION
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/JOSEPH ARTHUR CEFARATTI/ Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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