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 .
Status of the Claims
Claims 1-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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 1-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jian et al. (CN213639648U hereinafter referred to English Machine Translate) in view of Thornton et al. (WO2021105242 A1).
Regarding claim 1, Jian directed to an aerosol generating device (Abstract), comprising: a heating assembly (receiving part 2 with a heating element 3 and induction source 6; [n0062], Figure 1), wherein the heating assembly comprises a heating compartment (receiving part 2; [n0052]) arranged to receive an aerosol generating substrate (aerosol forming matrix; [n0052]). Jian further discloses a heating element 3 (i.e., heater) is used to heat the aerosol generating substrate ([n0052]). Furthermore, the top portion of the heater (heating part 31; [n0071]; [n0074]) is provided with a pointed end, a penetrating heating portion, which facilitates insertion directly into the interior of the aerosol generating substrate.
Jian further discloses that the heating assembly comprises a positioning mechanism (lifting process; [n0032] – [n0033], [n0054]) comprised of a lifting device 4 ([n0070]) configured to move the aerosol generating substrate along a longitudinal direction (see Figures 1-4; [n0052]) of the heating compartment. Because the heater penetrates and mechanically connects with the aerosol generating substrate, movement of the heater by the lifting device 4 necessarily moves the coupled substrate along the same longitudinal direction ([n0052], [n0070]).
Jian does not explicitly disclose the positioning mechanism that moves the aerosol generating substrate is based on the temperature of a heating compartment.
Thornton directed to aerosol provision device for heating aerosol generating material (Abstract), discloses a heating compartment (heating chamber 112, (page 12, line 23-30) that receives aerosol generating substrate (aerosolisable material 110; page 13, line 1-2, page 20, line 6-7).
Thornton further discloses movement of components of the heating compartment, inlet and outlet valves of the heating compartment (page 1, line 20-25, page 6, line 5-7, page 6, line 11-13) which are movable between configurations based on a temperature change of the heating compartment (page 5, line 27-31, page 6, line 23-27, page 8, line 28-31).
Based on Thornton’s disclosure, it’s known in the art that motion can be triggered base on the temperature of a heating compartment.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jian’s substrate - heating compartment positioning mechanism by incorporating a motion trigger based on the temperature of a heating compartment as taught by Thornton, because both Jian and Thornton are directed to an aerosol generating device, Thornton teaches a positioning mechanism of a heating compartment in order to improve heating process efficiency and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 2, Jian discloses the positioning mechanism comprises a moveable member (lifting device 4 including slider part 45 and lead-screw 44; [0052], Figs. 1-4) disposed in the heating compartment.
Jian further discloses that the movable member moves the heater and the aerosol generating substrate at the same time along a longitudinal direction, from a start position (second/fully exposed position; Fig. 2) to an end position (first/working position; Fig. 1). The first position is when the heater is disposed inside the heating compartment thereby heating the aerosol to form a matrix, and the second position is when the heater is moved out of the heating compartment [n0052]- [n0053]).
Jian further discloses the movable member comprises a locator (heating part 31; [n0074]) on which the aerosol generating substrate is locatable by a user. The aerosol generating substrate is being located onto the heating part 31 by a user upon insertion of the substrate.
Jian further discloses a moveable member comprising an actuator (drive unit/motor 41, [n0054], [n0055], Figs. 1-4), wherein the actuator is configured to displace the moveable member in the heating compartment, thereby moving the aerosol generating substrate in the heating compartment along a longitudinal direction ([n0054]). Jian further discloses a control button connected to a control circuit used to control the lifting and lowering of the lifting device ([n0016], [n0068]).
While Jian discloses an actuator configured to displace the moveable member thereby moving the aerosol generating substrate, from a start position to an end position, Jian doesn’t disclose the actuator triggers movement based on the heating compartment reaching a target temperature.
Thornton teaches moveable members (inlet valve 734 and outlet valve 736; page 21, line 6-9) arranged in the heating compartment.
Thornton further teaches an actuator (actuator/ wax actuator; page 8, line 28-31, page 20, line 18-20) configured to automatically move the movable members based on the heating compartment reaching a target temperature (page 6, line 23-27, page 8, line 21-24, page 21, line 6-9).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jian’s motor actuator and/or manual control button by assembling it to be actuated automatically upon the heating compartment reaching a target temperature as taught by Thornton, because both Jian and Thornton are directed to an aerosol generating device, Thornton teaches an actuator that automatically triggers movement based on a heating compartment reaching a target temperature in order to reduces the need for processing of sensor data and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 3, Jian teaches that the movable member comprising the I-shaped slider 45 is connected to the bottom of the heater and the heating compartment ([n0054]). Jian further discloses a first limiting part 42 configured as an upper limiting baffle, a second limiting part 43 configured as a lower limiting baffle ([n0055]), thereby defining the positioning boundaries of the movable part as it slides up and down between the fist limiting part 42 and the second limiting part 43, thereby moving the heater to move in and out of the heating compartment ([n0006], see Figs. 1-4).
Jian further teaches that the first position (i.e., end position) corresponds to a maximum permitted displacement of the moveable member in the heating compartment, driven by the actuator (see Fig. 1).
Regarding claim 4 and 5, Jian discloses an actuator but is silent on an actuator comprising a phase-change material having a temperature dependent volume, wherein, in use, an increase in a volume of the phase-change material by thermal expansion caused by heat from the heating compartment
Thornton teaches a wax actuator that comprises a phase-changing material having a temperature dependent volume, wherein, in use, an increase in a volume of the phase-change material by thermal expansion caused by heat from the heating compartment
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jian’s moveable member by providing a phase-changing wax actuator that has a temperature dependent volume that expands upon heating of the heating compartment thereby triggering movement as taught by Thornton, because both Jian and Thornton are directed to an aerosol generating device, Thornton teaches a phase-changing wax actuator that automatically triggers movement based on a heating compartment is known in the art and this involves applying a known teaching to a similar device to yield predictable results.
Claims 6, 7, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jian and in view of Thornton as applied to claim 2 and 9 above, and further in view of Ruscio et al. (US20140301721 A1).
Regarding claim 6, modified Jian discloses a moveable member comprising the I-shaped slider part 45 (i.e., an arm) connected to the bottom of the heater and extending into the heating compartment from a position below the heating compartment ([n0054], Figs 1 & 3).
However, Jian doesn’t explicitly disclose a section of the arm extending into the heating compartment from a position to one side of the heating compartment.
Ruscio directed to an aerosol generating device (Abstract), discloses a heater 140 comprising a circular heating element 200 mounted on a support 210 ([0055], FIG. 2). One end of the heating element 200 is connected to the support 210 by a radial arm 220 and the other end of the heating element by a radial arm 230 ([0056], FIGs.2-3).
Ruscio further discloses an internal cavity having a longitudinal axis configured to receive an aerosol-forming substrate and the heating element, and a positioning mechanism is configured to move the heating element to different positions along this portion of the length of this internal cavity ([0021], [0055] – [0056], FIG. 2). Furthermore, the radial arms 220 and 230 pivot about the central longitudinal axis, via the support 210, and extend radially outward (i.e., laterally to one side of the central axis) to reach and connect with heating element 200 positioned against the interior wall of a compartment ([0019], [0056]); disclosing the limitation “a section of an arm extending into a heating compartment from a position to one side of the heating compartment” assembly recited in claim 6.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jian’s moveable member arm, I-shaped slider structure, by providing an additional portion of an arm that extends into the heating compartment from a position to one side of the heating compartment as taught by Ruscio, because both Jian and Ruscio are directed to an aerosol generating device, Ruscio teaches a laterally offset arm assembly as a known assembly for triggering movement of the heating element with the substrate, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 7, modified Jian discloses a moveable member comprising the I-shaped slider part 45 (i.e., an arm) connected to the bottom of the heater and extending into the heating compartment from a position below the heating compartment ([n0054], Figs 1 & 3).
Regarding claim 10, modified Jian discloses a moveable member comprising the I-shaped slider part 45 (i.e., an arm) connected to the bottom of the heater and extending into the heating compartment from a position below the heating compartment ([n0054], Figs 1 & 3).
However, Jian doesn’t explicitly disclose (I) a section of the arm extending into the heating compartment from a position to one side of the heating compartment, (II) and a mechanical spring comprising a compression spring, the compression spring being configured to shorten as the moveable member is displaced by the actuator to the end position.
Regarding (I), Ruscio directed to an aerosol generating device (Abstract), discloses a heater 140 comprising a circular heating element 200 mounted on a support 210 ([0055], FIG. 2). One end of the heating element 200 is connected to the support 210 by a radial arm 220 and the other end of the heating element by a radial arm 230 ([0056], FIGs.2-3).
Ruscio further discloses an internal cavity having a longitudinal axis configured to receive an aerosol-forming substrate and the heating element, and a positioning mechanism is configured to move the heating element to different positions along this portion of the length of this internal cavity ([0021], [0055] – [0056], FIG. 2). Furthermore, the radial arms 220 and 230 pivot about the central longitudinal axis, via the support 210, and extend radially outward (i.e., laterally to one side of the central axis) to reach and connect with heating element 200 positioned against the interior wall of a compartment ([0019], [0056]); disclosing the limitation “a section of an arm extending into a heating compartment from a position to one side of the heating compartment” assembly recited in claim 6.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jian’s moveable member arm, I-shaped slider structure, by providing an additional portion of an arm that extends into the heating compartment from a position to one side of the heating compartment as taught by Ruscio, because both Jian and Ruscio are directed to an aerosol generating device, Ruscio teaches a laterally offset arm assembly as a known assembly for triggering movement of the heating element with the substrate, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding (II), Thornton discloses a mechanical spring, (a spring 740; page 20 line 30-32), which is also a compression spring, being configured to shorten or becomes compressed as the moveable member is displaced by the actuator to the end position (open configuration; page 21, line 1-4).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jian’s substrate positioning mechanism by providing a compression spring configured to shorten as the moveable member is moved by an actuator to an end position as taught by Thornton, because both Jian and Thornton are directed to an aerosol generating device, Thornton teaches that a compression spring is a well-known technique used for positioning assembly of moveable components of an aerosol generating device, and this involves applying a known teaching to a similar device to yield predictable results.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Jian and in view of Thornton as applied to claim 9 above, and further in view of Gennrich et al. (US 20150173417 A1).
Regarding claim 11, modified Jian in view of Thornton discloses the aerosol generating device according to claim 9, comprising a positioning mechanism with a wax actuator paired with a mechanical compression spring that compresses as the wax actuator displaces the movable member to the end position. Furthermore, Jian discloses a moveable member comprising the I-shaped slider part 45 (i.e., an arm) connected to the bottom of the heater and extending into the heating compartment from a position below the heating compartment ([n0054], Figs 1 & 3).
However, neither Jian nor Thornton discloses an extension spring, the extension spring being configured to stretch as the moveable member is displaced by the actuator to the end position.
Gennrich directed to an electronic cigarette (aerosol generating device) with a safety mouthpiece (Abstract), discloses a mouthpiece 20 comprising an outer sleeve 22 ([0025]) that can be manually pulled and moved against the force of a tension spring 50 (i.e., extension spring) ([0027]), the extension spring is in tension to urge a sealing member 40 at the end of a mouthpiece 20 into sealing engagement with an insert member 26 ([0027]). Gennrich further discloses the sleeve 22 of the mouthpiece moves or rotates to position the electronic cigarette into locked (closed) or unlocked (open) position ([0028] – [0029]). The sleeve 22 of the mouthpiece in this case is a movable member. The moveable member displaced to an end position corresponds to a valve’s open configuration (([0028] – [0029], FIGs. 8-10), an open configuration is when the aerosol generating device is ready for use.
Gennrich further discloses that the extension spring two ends are anchored to a fixed insert 26 and a moveable collar 24 (FIGs. 6, 8-10); displacement of the moveable element increases the distance between these anchor points, placing the spring in tension (i.e., stretched) [(0027] – [0029]). Furthermore, “the spring extends between the fixed collar and the tubular body for urging the sealing member into engagement with the insert to seal a flow path along the tubular body of said cigarette” ([0006]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jian’s substrate positioning mechanism by providing an extension spring configured to stretch as its moveable member is displaced by an actuator to an end position as taught by Gennrich, because both Jian and Gennrich are directed to an aerosol generating device, Gennrich teaches that utilizing an extension spring for a positioning mechanism of an aerosol generating device, and this involves applying a known teaching to a similar device to yield predictable results.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jian and in view of Thornton as applied to claim 2 above, and further in view of Rojo-Calderon et al. (US20200260777 A1).
Regarding claim 12, Jian doesn’t explicitly disclose the locator comprising a cup having a sidewall and a base, wherein the aerosol generating substrate is locatable in the cup.
Rojo-Calderon directed to an aerosol generating component for an aerosol generating article (Abstract), discloses an aerosol generating substrate and a cup-shaped locator (heat-transfer element 102; [0011], [0163], FIGs.1-2) that is defined in a cavity 109 ([0037]), wherein the aerosol generating substrate is locatable in the cup ([0047], [0125], [0159]).
Rojo-Calderon further discloses the cup having a sidewall 108 and a base 107 ([0042], [0149], FIGs.1-2).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jian by providing a cup shaped locator having a sidewall and a base as taught by Rojo-Calderon, because both Jian and Rojo-Calderon are directed to an aerosol generating device, Rojo-Calderon teaches a cup shaped substrate locator in order to prevent direct contact between a combustible heat source and the substrate, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 13, Jian doesn’t explicitly disclose the cup comprising at least one opening in the base, wherein in use air is flowable through the at least one opening from an exterior to an interior of the cup.
Rojo-Calderon discloses the cup comprising a base 307 ([0197]), wherein the base 307 comprises one or more air inlets to enable airflow from an exterior to the interior of the cup ([0204]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jian by providing air openings to the cup base as taught by Rojo-Calderon, because both Jian and Rojo-Calderon are directed to an aerosol generating device, Rojo-Calderon teaches arranging air opening to a cup base to enable heated air to pass through the aerosol generating substrate, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 14, Jian doesn’t explicitly disclose the cup comprising at least one opening in the sidewall, wherein in use air is flowable through the at least one opening from an exterior to an interior of the cup.
Rojo-Calderon discloses the cup comprising at least one opening in the sidewall ([0158], FIG. 1)
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jian by providing air openings on a sidewall of the cup as taught by Rojo-Calderon, because both Jian and Rojo-Calderon are directed to an aerosol generating device, Rojo-Calderon teaches arranging air openings on a sidewall of the cup in order to admit cool air into the substrate, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 15, Jian doesn’t explicitly disclose the base of the cup comprises a raised central section.
Rojo-Calderon discloses that one or more protrusions extend from a base 207 of a heat transfer element 202 (i.e., cup) ([0072]; [0192]- [0193], FIG.3) in order to facilitate heat transfer from the heat source to the substrate. Furthermore, a protrusion comprising an elongate portion 212 extends towards the heater from the center of the base 207 ([0193], FIG. 3).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jian by providing a specific protrusion type positioned at the central section of a cup’s base as taught by Rojo-Calderon, because both Jian and Rojo-Calderon are directed to an aerosol generating device, Rojo-Calderon teaches an extended protrusion assembly located at the center of a cup’s base in order to facilitate heat transfer from the heat source to the substrate, and this involves applying a known teaching to a similar device to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Reevell (US 20190274358 A1, cited in the IDS dated 08/07/2024) directed to an aerosol-generating article comprises a housing having an open end (Abstract), discloses a heating assembly (heater 4 having a cylindrical heating chamber 40; [0080]), aerosol-forming substrate is received in the hollow cavity of the heating chamber 40 (i.e., a heating compartment [0080]; [0082]); and a positioning mechanism (movable base 41 formed by the top of the cylindrical heating chamber piston; [0080]) configured to move the aerosol-forming substrate along a longitudinal direction of the heating compartment ([0041];[0082]-[0083]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELEN G GHEBRESELASSIE whose telephone number is (571)270-0196. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 5712701241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELEN GHEBRESELASSIE/Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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