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 11 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 11, the claim recites that “a certain included angle is formed between an axial direction of the porous conductive ceramic and an axial direction of the outer housing.” The term “a certain included angle” does not provide an objective boundary as to the angular relationship required by the claim. The claim does not identify the angle, a range of angles, or otherwise specify what constitutes the recited “certain included angle.” Accordingly, the metes and bounds of the claimed subject matter are unclear.
For the purpose of continued examination, claim 11 will be interpreted as requiring that a nonzero included angle is formed between the axial direction of the porous conductive ceramic and the axial direction of the outer housing.
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 15 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.
Regarding claim 15, the claim depends from claim 14 and recites that the diagonal-corner limitation applies “and/or” that “a material of the porous conductive ceramic is porous conductive ceramic or porous metal.” Accordingly, claim 15 permits the material limitation to constitute the sole additional limitation over claim 14.
Claim 14, through its dependency from claims 13 and 1, already requires a porous conductive ceramic. Thus, under the alternative in claim 15 wherein “a material of the porous conductive ceramic is porous conductive ceramic,” the claim does not further limit the porous conductive ceramic already required by the parent claim. Because claim 15 permits this alternative to stand as the sole additional limitation, claim 15 fails to further limit the subject matter of claim 14 as required by 35 U.S.C. 112(d).
For the purpose of continued examination, claim 15 will be interpreted as requiring the diagonal-corner limitation recited in claim 15 in addition to the limitations of claim 14.
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, 2, 9, 10, and 19 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Batista et al., WO 2021/053028 A1 (citing US 2022/0369715 A1 for paragraph numbering).
Regarding claim 1, Batista teaches a device for heating an herbal product comprising:
an outer housing (housing of aerosol-generating device 10) (¶ [0070]) and an air heater (central susceptor arrangement 26) (¶ [0129]);
an air channel (first airflow channel 46) (¶ [0138]) and an accommodation cavity (cavity 14) (¶ [0127]), the outer housing having at least one first air inlet hole (first air inlet 30) (¶ [0136]), wherein exterior air enters the air channel through the first air inlet hole (first airflow channel 46 beginning at first air inlet 30) (¶ [0138]); and
the air heater comprising a porous conductive ceramic (open-porous, electrically conductive ceramic susceptor) (¶ [0008]) mounted in the outer housing, with at least a part of the porous conductive ceramic located between the accommodation cavity and the air channel (central susceptor arrangement 26 between first airflow channel 46 and cavity 14) (¶ [0138]), and a plurality of pores for air to pass through distributed throughout the porous conductive ceramic (porous susceptor configured air-permeable and permitting airflow therethrough) (¶ [0009]).
the porous conductive ceramic being configured to heat air flowing through the porous conductive ceramic and entering the accommodation cavity (air-permeable porous susceptors permitting airflow therethrough and heating when subjected to the changing magnetic field) (¶¶ [0009], [0047]).
The recitations concerning accommodating and heating the herbal product are functional/intended-use language and do not impose additional structural limitations on the claimed device.
Regarding claim 2, Batista further teaches the at least one first air inlet hole provided at an end portion of an end of the outer housing away from the accommodation cavity (first air inlet 30 positioned at the upstream/base end portion below cavity 14) (Fig. 2; ¶ [0138]).
Regarding claim 9, Batista further teaches the porous conductive ceramic is of a cylindrical shape (cylinder-shaped peripheral susceptor) (¶ [0021]).
Regarding claim 10, Batista further teaches the porous conductive ceramic is vertically and coaxially arranged inside the outer housing (central and peripheral susceptor arrangements extending longitudinally and coaxially within cavity 14) (¶ [0024]; Fig. 2).
Regarding claim 19, Batista teaches a heat exchanger which is the air heater of the aerosol generating device according to claim 1 (porous central susceptor arrangement 26 through which air passes and is heated) (¶ [0138]).
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 5, 7 and 12 are rejected under 35 U.S.C. § 103 as being unpatentable over Batista et al., WO 2021/053028 A1 (citing US 2022/0369715 A1 for paragraph numbering).
Regarding claim 5, Batista teaches that the porous conductive ceramic may have a porosity of 20% to 60% (¶ [0008]), which overlaps the claimed range of 30% to 70%. It has been held that overlapping ranges are prima facie evidence of obviousness. See MPEP § 2144.05(I).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Batista’s porous conductive ceramic with a porosity within the overlapping range of 30% to 60%, as taught by Batista, to enable airflow through the susceptor and provide a predetermined resistance to draw (¶ [0009]).
Regarding claim 7, Batista teaches a thermally insulating element surrounding the cavity and arranged between the housing and the cavity (¶ [0119]).
Batista does not expressly teach the thermally insulating element having a second air inlet hole in communication with the air channel and an air outlet hole in communication with the accommodation cavity.
However, Batista teaches a first air inlet fluidly connected with the cavity and configured to enable ambient air to be drawn into the cavity (¶ [0075]). Because Batista’s thermally insulating element is positioned between the housing and the cavity, the insulating element would need to be configured so as not to obstruct the expressly taught airflow into the cavity.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide air inlet and outlet openings through Batista’s thermally insulating element to maintain the taught fluid communication with the cavity while retaining the thermal insulation surrounding the cavity.
Regarding claim 12, Batista teaches a power supply 44 provided within the aerosol-generating device for supplying electrical energy to the heating arrangement (¶ [0134]; Fig. 1) and further teaches that the porous ceramic susceptor may be electrically conductive (¶ [0008]). Batista does not expressly teach the power supply assembly electrically connected to the porous conductive ceramic.
However, Batista expressly recognizes that heating an aerosol-forming substrate may be accomplished using a resistive heating element as an alternative to an inductive heating element (¶ [0002]). Because Batista’s porous ceramic is electrically conductive, it is capable of carrying electrical current when electrically connected to the power supply and thereby functioning as a resistive heating element.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to electrically connect Batista’s existing power supply to its electrically conductive porous ceramic as a known alternative resistive heating arrangement, thereby substituting one known heating technique for another to obtain the predictable result of electrically heating the aerosol-forming substrate.
Claims 3 and 4 are rejected under 35 U.S.C. § 103 as being unpatentable over Batista et al., WO 2021/053028 A1 (citing US 2022/0369715 A1 for paragraph numbering), in view of Plojoux et al., (US 2014/0338686 A1).
Regarding claims 3 and 4, Batista teaches an aerosol-generating device in which a first air inlet is fluidly connected with the cavity to enable ambient air to be drawn into the cavity (¶ [0075]), but does not expressly teach an interlayer having a cavity provided in a side wall of the outer housing, wherein, for claim 3, the first air inlet hole is defined at a top end of the interlayer at an end of the outer housing close to the accommodation cavity, and, for claim 4, the first air inlet hole is defined on the side wall of the outer housing at an end close to the accommodation cavity.
Plojoux is directed to an aerosol-generating device and system with improved airflow and teaches an airflow channel positioned between the internal and external surfaces of the housing (¶ [0018]), which may form a longitudinally extending chamber surrounding the receiving cavity (¶ [0069]). For claim 3, Plojoux teaches locating the air inlet at or close to the proximal end of the cavity, including in the proximal face of the housing (¶ [0023]). For claim 4, Plojoux teaches air inlets arranged around the circumference of the housing at the proximal end of the receiving cavity (¶ [0066]).
Plojoux further teaches that this airflow arrangement draws heat away from the exterior surface of the housing and preheats the incoming air, thereby reducing the energy required to be delivered to the heater and providing a more uniform temperature distribution (¶¶ [0015]–[0016]).
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 Batista’s airflow arrangement to include Plojoux’s housing-wall airflow chamber and proximal inlet arrangement, while maintaining Batista’s fluid communication with the cavity, to draw heat away from the exterior surface of the housing, preheat the incoming air, reduce the energy required to be delivered to the heater, and provide a more uniform temperature distribution, as taught by Plojoux (¶¶ [0015]–[0016]).
Claim 6 is rejected under 35 U.S.C. § 103 as being unpatentable over Batista et al., WO 2021/053028 A1 (citing US 2022/0369715 A1 for paragraph numbering), in view of Devillé et al., (US 2013/0105386 A1).
Regarding claim 6, Batista does not expressly teach the pore-opening degree of the porous conductive ceramic being greater than or equal to 90%. However, Batista teaches configuring the porous ceramic susceptor to permit airflow through the susceptor and to provide a predetermined resistance to draw (¶ [0009]).
Devillé is reasonably pertinent to the problem of providing a porous ceramic structure having through-pores sufficient to permit passage through the ceramic. Devillé teaches that its tubular pore structure facilitates passage through the pores (¶ [0020]) and further teaches at least 90% by number of the pores being tubular pores opening at both extremities (¶ [0055]). Devillé also teaches that the porous ceramic may comprise Fe₂O₃ and Fe₃O₄ (¶ [0057]), the same iron oxides Batista identifies as constituents of its ceramic ferrite susceptor (¶ [0008]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Batista’s porous conductive ceramic with the through-pore structure taught by Devillé, including at least 90% by number of pores opening through the material, to facilitate airflow through the porous ceramic while employing ceramic constituents already contemplated by Batista.
Claims 11, 13, and 18 are rejected under 35 U.S.C. § 103 as being unpatentable over Batista et al., WO 2021/053028 A1 (citing US 2022/0369715 A1 for paragraph numbering), in view of machine translation of Liu, (CN205072071U).
Regarding claim 11, for purposes of continued examination, “a certain included angle” is interpreted as requiring a nonzero included angle Batista teaches the porous conductive ceramic (¶ [0008]), but does not expressly teach the porous conductive ceramic transversely arranged in the outer housing such that an axis of the porous conductive ceramic and an axis of the accommodation cavity form a certain included angle.
Liu teaches a porous ceramic airflow heater 180 positioned across an end of heating cavity 124, transverse to the longitudinal direction of the heating cavity (¶ [0029]; Fig. 1). Liu further teaches that air passes through airflow heater 180 before entering heating cavity 124, whereby the airflow heater rapidly raises the temperature of the incoming air (¶ [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to transversely arrange Batista’s porous conductive ceramic as taught by Liu, thereby heating incoming air before it enters the accommodation cavity and rapidly increasing the temperature of the incoming air.
Regarding claim 13, Batista teaches the porous conductive ceramic (¶ [0008]) and further teaches a central susceptor arrangement defining a hollow cavity (¶ [0018]), with the first airflow channel communicating with the hollow inner of the central susceptor arrangement (¶ [0138]). Batista, however, does not expressly teach a segmented heating device comprising a peripheral heater located above the porous conductive ceramic and provided with a second cavity in communication with the first cavity.
Liu is directed to an electrically heated smoking appliance and heating assembly and teaches a heating assembly comprising an airflow heater and a heating pot 120 having a plurality of individually controllable hollow heating elements 122 whose cavities communicate to form heating cavity 124 (¶ [0028]). Liu further teaches that porous ceramic airflow heater 180 is positioned at the second end of heating cavity 124 such that air passes through airflow heater 180 and then enters heating cavity 124, thereby providing the porous airflow heater below/upstream of the hollow peripheral heating structure (¶¶ [0029]–[0030]). Liu teaches that this arrangement permits the airflow heater to rapidly raise the temperature while the individually controllable hollow heating elements provide sectional heating, thereby avoiding excessively high or low smoke concentration and providing a more consistent smoking experience (¶ [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange Batista’s peripheral heating structure above its porous conductive ceramic and provide the peripheral heater with a cavity communicating with the cavity of the porous conductive ceramic, as taught by Liu, to provide sectional peripheral heating in combination with airflow heating and thereby avoid excessively high or low smoke concentration and provide a more consistent smoking experience (¶ [0030]).
The recitation concerning the herbal product comprising first and second herb segments describes the material accommodated by the claimed device and does not impose an additional structural limitation on the device.
Regarding claim 18, Batista as modified by Liu hereinafter modified Batista as set forth above does not expressly teach the air channel provided between an inner wall of the outer housing and an outer wall of the peripheral heater, wherein air flowing through the air channel flows into the first cavity through an end face of the porous conductive ceramic close to the peripheral heater.
Liu teaches an air intake channel 160 formed between housing 140 and heating pot 120, with outlet 164 communicating with the end of heating cavity 124 and porous ceramic airflow heater 180 positioned between outlet 164 and the heating cavity, such that air flows through the porous ceramic airflow heater 180 and into heating cavity 124 (¶ [0029]). Liu further teaches that this airflow arrangement effectively utilizes heat from the heating pot and cools the housing while allowing the heated airflow to rapidly raise the temperature in the heating cavity (¶ [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the air channel of the Batista-Liu device between the housing and the peripheral heater and direct the air through the end face of the porous conductive ceramic into the first cavity, as taught by Liu, to effectively utilize heat from the peripheral heater, cool the housing, and rapidly heat the airflow entering the cavity (¶ [0030]).
Claims 14–17 and 20 are rejected under 35 U.S.C. § 103 as being unpatentable over Batista et al., WO 2021/053028 A1 (citing US 2022/0369715 A1 for paragraph numbering), in view of Liu, (CN205072071U), and further in view of Deevi et al., (US 5,498,855).
Regarding claim 14, Batista as modified by Liu as set forth above teaches the segmented heating device of claim 13, including the porous conductive ceramic, but does not expressly teach a first positive pin and a first negative pin electrically connected to opposite first and second ends of the porous conductive ceramic. Deevi is directed to an electrically powered ceramic heater for an electrical smoking article and teaches electrically conductive ceramic heater blades having free ends serving as positive electrical contacts and an opposite hub serving as a common negative electrical contact (col. 9, ll. 1–15). Deevi further teaches lead pins electrically connected to the free ends of the heater blades and a central common lead pin providing the return path from the opposite hub end (col. 12, ll. 1–18).
It has been held that applying a known technique to a known device ready for improvement to yield predictable results supports a conclusion of obviousness. MPEP § 2143(I)(D). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the porous conductive ceramic of the Batista-Liu device with positive and negative pins electrically connected to opposite ends, as taught by Deevi, to establish an electrical current path through the conductive ceramic and predictably provide resistive heating.
Regarding claim 15, for purposes of continued examination, the recitation “and/or” is interpreted to encompass either of the recited alternatives. Batista teaches that the porous conductive ceramic is made of porous conductive ceramic material (¶ [0008]). Thus, the material alternative of claim 15 is met by Batista, and the diagonal-corner alternative need not also be present to satisfy the claim as written.
Regarding claim 16, modified Batista as set forth above does not expressly teach the peripheral heater comprising a second positive pin, a second negative pin, and a dense conductive ceramic provided with the second cavity, wherein the second positive and negative pins are electrically connected to opposite third and fourth ends of the dense conductive ceramic. Deevi teaches an electrically conductive ceramic heater formed as a hollow cylindrical structure defining a cavity and teaches processing the ceramic by sintering to full density (col. 10, ll. 50–60; col. 12, ll. 18–28). Deevi further teaches positive lead pins connected at free ends of the conductive ceramic heater and a common negative lead at the opposite hub end (col. 12, ll. 1–18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form Liu’s hollow peripheral heater from Deevi’s full-density electrically conductive ceramic and provide positive and negative pins at opposite ends thereof, thereby applying Deevi’s known electrically powered ceramic-heater construction to Liu’s peripheral heater to predictably provide resistive peripheral heating. MPEP § 2143(I)(D).
Regarding claim 17, modified Batista as set forth above teaches the segmented heating device comprising the porous conductive ceramic and the peripheral heater. However, Batista and Liu do not expressly teach the peripheral heater comprising a dense conductive ceramic having the second cavity, the first end of the porous conductive ceramic and the third end of the dense conductive ceramic connected in an insulative manner, and a negative wire electrically connected to both the first and third ends with separate first and second positive wires electrically connected to the respective second and fourth ends.
Liu teaches providing a heat-insulating gasket between adjacent heating elements to prevent mutual heat conduction and permit more precise temperature control (¶ [0033]). Thus, Liu teaches insulating adjacent portions of a segmented heater from one another.
Deevi is directed to an electrically powered ceramic heater for a smoking article and teaches an electrically conductive ceramic heater processed to full density (col. 10, ll. 39–48). Deevi further teaches an electrical arrangement wherein individual lead pins 62 separately supply current to respective conductive ceramic heater portions, while current from each heater portion returns through a central common lead pin 64 (col. 12, ll. 5–16). Deevi additionally identifies the individual heater ends as positive electrical contacts and the common hub as a negative electrical contact (col. 9, ll. 1–12).
It has been held that applying a known technique to a known device ready for improvement to yield predictable results supports a conclusion of obviousness. MPEP § 2143(I)(D).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the peripheral heater of the Batista-Liu device as a full-density conductive ceramic as taught by Deevi, insulatively connect the adjacent heater portions as taught by Liu, and provide separate positive connections to the respective heater portions with a common negative connection as taught by Deevi, to reduce heat transfer between the heater portions, permit more precise temperature control, and selectively energize the heater portions using a common electrical return.
Regarding claim 20, the claimed segmented heating device of the aerosol generating device according to claim 16 is the segmented heating device addressed above with respect to claim 16. Batista as modified by Liu and Deevi therefore teaches the structural components of the claimed segmented heating device, including the porous conductive ceramic air heater and the peripheral heater comprising the dense conductive ceramic and associated electrical connections. The recitation that the segmented heating device is “of an aerosol generating device according to claim 16” does not impose additional structure on the segmented heating device beyond the structural limitations incorporated from claim 16.
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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