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, 3-7, 19-21, and 23-27 are pending and are subject to this Office Action. Claims 1, 3-7, 19-21, and 23-26 are amended. Claims 2, 8-18, and 22 is cancelled.
Response to Amendments
The amendments to the claims filed on November 24, 2025 are acknowledged. The 112(b) rejection of Claims 26-27 has been withdrawn due to the amendments.
Response to Arguments
Applicant's arguments, see pgs 5-9, filed May 11, 2026, with respect to the rejection(s) of claims 1, 3-7, and 18-27 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 1 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “wherein the heating assembly is configured such that, in both the first mode and the second mode, the first induction heating unit reaches a maximum operating temperature within 20 seconds of supplying power to the first induction heating unit, and such that the first induction heating unit reaches a maximum operating temperature greater than 250°C in use.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference.
The following is a modified rejection based on amendments made to 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.
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.
Claims 1, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Blandino (US 2017/0119047 A1) in view of Lavanchy (US 2022/0039478 A1) and Gill (US 2018/0332894 A1).
Regarding Claim 1, Blandino, directed to aerosol generating devices ([0001], [0089], Fig. 3; Apparatus 100 is a device for heating smokable material to volatilize at least one component of the smokable material. [0057], the term “smokable material” includes materials that provide volatilized components upon heating, typically in the form of vapor or an aerosol), teaches an aerosol-generating device for generating aerosol from an aerosol-generating material ([0089], Fig. 3; Apparatus 100 generates an aerosol by heating an article that comprises smokable material (aerosol-generating material)), the aerosol-generating device comprising:
a heating assembly having a mouth end and a distal end, the heating assembly comprising: a first induction heating unit arranged to heat, but not burn, the aerosol-generating material in use ([0089]-[0097], Fig. 3; Apparatus 100 comprises a heating zone 111 for receiving an article comprising smokable material; a heater 115 (induction heating unit) for heating the heating zone 111, wherein the heater 115 comprises heating material that is heatable by penetration with a varying magnetic field; and a magnetic field generator 112 for generating a varying magnetic field that penetrates the heating material of the heater 115. Magnetic field generator 112 comprises an electrical power source 113, a coil 114, a device 116 for passing a varying electrical current, such as an alternating current, through the coil 114. [0059], Heater 115 (induction heating unit) and magnetic field generator 112 form heating assembly comprising an induction heating unit arranged to heat, but not burn, the article (aerosol-generating material) in use. Fig. 3 shows that heater 115 has a mouth end near mouthpiece 120 and a distal end away from mouthpiece 120); and
a controller for controlling the first heating unit ([0093], [0097], Fig. 3; Controller 116 controls the supply of power to coil 114 and therefore, the heat of heater 115);
wherein the induction heating unit reaches a maximum operating temperature greater than 250°C and less than 300°C in use ([0018]-[0024], the heater 115 comprises heating material, wherein the heating material has a Curie point temperature that is less than the combustion temperature of the smokable material. The Curie point temperature may be less than 350 degrees Celsius, less than 325 degrees Celsius, less than 300 degrees Celsius. [0003]-[0007], the Curie point temperature is equal to or less than a maximum temperature to which the heater 115 is to be heated in use. [0089]-[0097], Fig. 3; Heater 115 (which is inductively heated by magnetic field generator 112) reaches a maximum operating temperature greater than 250°C and less than 300°C in use, in at least one embodiment),
but does not teach the device i) wherein the heating assembly is operable in at least a first mode and a second mode, wherein a maximum operating temperature for the first mode differs from a maximum operating temperature for the second mode, and wherein a duration of the first mode differs from a duration of the second mode; wherein the heating assembly is configured such that, in both the first mode and the second mode, the first induction heating unit reaches a maximum operating temperature greater than 250°C in use, and ii) wherein the heating assembly is configured such that, in both the first mode and the second mode, the first induction heating unit reaches a maximum operating temperature within 20 seconds of supplying power to the first induction heating unit.
With respect to i), Lavanchy, directed to aerosol generating devices ([0001]), teaches an aerosol-generating device for generating aerosol from an aerosol-generating material ([0100]-[0104], Fig. 1; An aerosol-generating device 10 generates an aerosol by heating an aerosol-generating article 28 comprising an aerosol-generating material), the aerosol-generating device comprising:
a heating assembly comprising: a first induction heating unit arranged to heat, but not burn, the aerosol-generating material in use ([0100]-[0105], Fig. 1; An aerosol-generating device 10 a heating element arranged to heat, but not burn, the article 28 (aerosol-generating material) in use; and [0016], the heating element of the aerosol-generating system may be a susceptor element of an induction heating arrangement. The induction heating arrangement may comprise an induction coil and the susceptor element),
wherein the heating assembly is operable in at least a first mode and a second mode, wherein a maximum operating temperature for the first mode differs from a maximum operating temperature for the second mode, and wherein a duration of the first mode differs from a duration of the second mode ([0006], The device comprises a controller for controlling an operation parameter of the aerosol-generating device; and [0060], The operation parameter of the aerosol-generating device may comprise the temperature profile of the heating element during heating; and [0061], Said controlling of the operation parameter of the aerosol-generating device may comprise selecting one or more properties of the temperature profile. Said at least one or more properties may comprise any of: one or more target temperatures during a usage session; and a duration of time of a usage session. The temperature profiles correspond to at least a first and second mode of device operation. The temperature profiles (modes) may have different durations and maximum (target) operating temperatures).
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the device of Blandino wherein the heating assembly is operable in at least a first mode and a second mode, wherein a maximum operating temperature for the first mode differs from a maximum operating temperature for the second mode, and wherein a duration of the first mode differs from a duration of the second mode as taught by Lavanchy because Blandino and Lavanchy are directed to aerosol generating devices, Lavanchy demonstrates that providing multiple heating modes having different heating durations or maximum operating temperatures allows a user to select the heating mode which best suits their smoking desires (Lavanchy, [0060]-[0065]), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the device of Blandino in view of Lavanchy wherein the heating assembly is configured such that, in both the first mode and the second mode, the first induction heating unit reaches a maximum operating temperature greater than 250°C in use because Blandino already discloses that the induction heating unit reaches a maximum operating temperature greater than 250°C and less than 300°C in use (Blandino, [0018]-[0024]), and configuring the heating assembly to reach a maximum operating temperature greater than 250°C in both the first and second mode would only involve the selection of two desired temperatures within the range disclosed by Blandino.
With respect to ii), Gill, directed to aerosol generating devices ([0006]-[0010], The electronic vapour inhaler generates an aerosol by heating a non-liquid flavour release medium such as tobacco. Tobacco generates an aerosol upon heating (see instant specification, pg 1, ln 9-20)), teaches an aerosol-generating device for generating aerosol from an aerosol-generating material ([0006], [0024]-[0027], Fig. 1; Electronic vapour inhaler 10 generates an aerosol by heating non-liquid flavour release medium 30 (tobacco)), the aerosol-generating device comprising:
an induction heating unit arranged to heat, but not burn, the aerosol-generating material in use ([0011], [0024]-[0028], Fig. 1; Induction heating arrangement 34 comprises an induction coil 36 which inductively heats induction heatable element 28. Induction heatable element 28 heats, but does not burn non-liquid flavour release medium 30); and
a controller for controlling the induction heating unit ([0024]-[0028], Fig. 1; Control arrangement 20 controls induction heating arrangement 34);
wherein the induction heating unit reaches a maximum operating temperature within 20 seconds of supplying power to the at least one of the first and second induction heating units ([0011], [0024]-[0030], Fig. 1; Induction heatable element 28 reaches a maximum operating temperature of 250° C within 0.2 seconds of supplying power from power source 22 to induction coil 36),
wherein the induction unit rises from an ambient temperature to the maximum operating temperature at a rate of at least 1000°C per second ([0011], [0024]-[0030], Fig. 1; Induction heatable element 28 rises from ambient temperature a maximum operating temperature of 250°C within 0.2 seconds of supplying power to induction coil 36. The rate of temperature increase is equal to (250°C – ambient temperature)/0.2 seconds. If ambient temperature is interpreted as anywhere between 15°C and 25°C, rate of temperature increase is between 1125°C/s to 1175°C/s. Ballesteros Gomez has been modified in Claim 1 to include the induction heating unit of Gill).
It would have been obvious to one of ordinary skill in the art before the effective filing date to replace the first induction heating unit taught by Blandino with the induction heating unit taught by Gill such that the heating assembly is configured such that in both the first mode and the second mode, the first induction heating unit reaches a maximum operating temperature within 20 seconds of supplying power to the first induction heating unit because Blandino and Gill are directed to aerosol generating devices, Gill demonstrates that Gill demonstrates that an induction heating unit with a low thermal mass rapidly cools in the absence of an alternating electromagnetic field and ensures that the aerosol generating substrate (tobacco) does not burn or char (Gill, [0011]), and this involves substituting at least one induction heating unit with another prior art induction heating unit to yield predictable results. Further, because the induction heating unit of Gill is capable of rising from an ambient temperature to the maximum operating temperature at a rate of at least 1000°C per second (Gill, [0011], [0024]-[0030]), the induction units would be necessarily capable of rising from an ambient temperature to the maximum operating temperature greater than 250°C and less than 300°C within 20 seconds of supplying power (Gill, [0011], [0024]-[0030]; Induction heatable element 28 rises from ambient temperature a maximum operating temperature of 250°C within 0.2 seconds of supplying power to induction coil 36. It is reasonably understood that the induction heating units of Gill would be capable of reaching a maximum operating temperature greater than 250°C and less than 300°C (e.g. 251°C) within 20 seconds of supplying power).
Regarding Claim 19, Blandino in view of Lavanchy and Gill teaches the aerosol-generating device according to claim 1. Blandino further teaches the device wherein the first induction heating unit reaches a maximum operating temperature less than 300°C in use ([0018]-[0024], the heater 115 comprises heating material, wherein the heating material has a Curie point temperature that is less than the combustion temperature of the smokable material. The Curie point temperature may be less than 350 degrees Celsius, less than 325 degrees Celsius, less than 300 degrees Celsius. [0003]-[0007], the Curie point temperature is equal to or less than a maximum temperature to which the heater 115 is to be heated in use. [0089]-[0097], Fig. 3; Heater 115 (which is inductively heated by magnetic field generator 112) reaches a maximum operating temperature greater than 250°C and less than 300°C in use, in at least one embodiment).
Regarding Claim 20, Blandino in view of Lavanchy and Gill teaches the aerosol-generating device according to claim 1. Lavanchy aerosol-generating device according to claim 1, wherein a maximum operating temperature for the first mode differs from a maximum operating temperature for the second mode ([0006], The device comprises a controller for controlling an operation parameter of the aerosol-generating device; and [0060], The operation parameter of the aerosol-generating device may comprise the temperature profile of the heating element during heating; and [0061], Said controlling of the operation parameter of the aerosol-generating device may comprise selecting one or more properties of the temperature profile. Said at least one or more properties may comprise any of: one or more target temperatures during a usage session; and a duration of time of a usage session. The temperature profiles correspond to at least a first and second mode of device operation. The temperature profiles (modes) may have different durations and maximum (target) operating temperatures).
Claims 3-7, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Blandino (US 2017/0119047 A1) in view of Lavanchy (US 2022/0039478 A1) and Gill (US 2018/0332894 A1) as applied to Claim 1, and further in view of Ballesteros Gomez (WO 2018/019855 A1, cited on the IDS dated 5/13/2024).
Regarding Claims 3-5, Blandino in view of Lavanchy and Gill does not teach the aerosol-generating device further comprising a second induction heating unit arranged to heat, but not bum, the aerosol-generating material in use, the first induction heating unit being disposed closer to the mouth end of the heating assembly than the second induction heating unit, wherein the first induction heating unit is controllable independent from the second induction heating unit, wherein the heating assembly is configured such that the first and second induction heating units have temperature profiles which differ from each other in use.
Ballesteros Gomez, directed to aerosol generating devices (pg 1, ln 4), teaches an aerosol-generating device for generating aerosol from an aerosol- generating material (pg 5, ln 18-20, pg 6, ln 16-17, pg 21, ln 27 – pg 22, ln 5, Fig. 1; The aerosol generating device of Fig. 1 is configured to generate an aerosol from aerosol generating substrate 200), the aerosol-generating device comprising:
a heating assembly having a mouth end and a distal end (pg 21, ln 27 – pg 22, ln 5, Fig. 1; First heat source 102 and second heat source 104 form a heating assembly, having a mouth end 106 and a distal end 108), the heating assembly comprising:
a first induction heating unit arranged to heat, but not burn, the aerosol-generating material in use (pg 17, ln 8-12, pg 21, ln 27 – pg 22, ln 5, Fig. 1; First heat source 102 is arranged to heat, but not burn, first portion 202 of aerosol generating substrate 200; and pg 15, ln 4-24; the first or second heat source may be an induction heating unit);
a second induction heating unit arranged to heat, but not burn, the aerosol-generating material in use (pg 17, ln 8-12, pg 21, ln 27 – pg 22, ln 5, Fig. 1; Second heat source 104 is arranged to heat, but not burn, second portion 204 of aerosol generating substrate 200; and pg 15, ln 4-24; the first or second heat source may be an induction heating unit),
the first heat source being disposed closer to the mouth end of the heating assembly than the second heat source (pg 21, ln 27 – pg 22, ln 5, Fig. 1; First heat source 102 is disposed closer to mouth end 106 than second heat source 104); and
a controller for controlling the first and second heat sources (pg 15, ln 26 – pg 16, ln 4, pg 21, ln 27 – pg 22, ln 5, Fig. 1; The aerosol-generating device comprises a controller for controlling the first and second heat source 102, 104),
wherein the first inductive heating unit is controllable independent from the second inductive heating unit (pg 17, ln 29-30),
wherein the heating assembly is configured such that the first and second induction heating units have temperature profiles which differ from each other in use (pg 17, ln 21-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the device of Blandino in view of Lavanchy and Gill further comprising a second induction heating unit arranged to heat, but not bum, the aerosol-generating material in use, the first induction heating unit being disposed closer to the mouth end of the heating assembly than the second induction heating unit, wherein the first induction heating unit is controllable independent from the second induction heating unit, wherein the heating assembly is configured such that the first and second induction heating units have temperature profiles which differ from each other in use because Blandino, Lavanchy, Gill, and Ballesteros Gomez are directed to aerosol generating devices, Ballesteros Gomez demonstrates that multiple induction heating units can be arranged to heat different portions of an aerosol generating substrate to result in a temperature profile/gradient over the article (Ballesteros Gomez, pg 17, ln 5-30), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 6, Blandino in view of Lavanchy, Gill, and Ballesteros Gomez teaches the aerosol-generating device according to claim 3. Gill further teaches the device wherein one of the induction units rises from a first temperature to the maximum operating temperature at a rate of at least 50°C per second ([0011], [0024]-[0030], Fig. 1; Induction heatable element 28 rises from ambient temperature a maximum operating temperature of 250°C within 0.2 seconds of supplying power to induction coil 36. The rate of temperature increase is equal to (250°C – ambient temperature)/0.2 seconds. If ambient temperature is interpreted as anywhere between 15°C and 25°C, rate of temperature increase is between 1125°C/s to 1175°C/s. Ballesteros Gomez has been modified in Claim 1 to include the induction heating unit of Gill),
but does not teach the device wherein the heating assembly is configured such that in use the second induction heating unit rises from a first operating temperature to a maximum operating temperature which is higher than the first operating temperature at a rate of at least 50°C per second.
Ballesteros Gomez teaches an aerosol-generating device for generating aerosol from an aerosol- generating material (pg 5, ln 18-20, pg 6, ln 16-17, pg 21, ln 27 – pg 22, ln 5, Fig. 1; The aerosol generating device of Fig. 1 is configured to generate an aerosol from aerosol generating substrate 200), the aerosol-generating device comprising:
a first induction heating unit arranged to heat, but not burn, the aerosol-generating material in use (pg 17, ln 8-12, pg 21, ln 27 – pg 22, ln 5, Fig. 1; First heat source 102 is arranged to heat, but not burn, first portion 202 of aerosol generating substrate 200; and pg 15, ln 4-24; the first or second heat source may be an induction heating unit);
a second induction heating unit arranged to heat, but not burn, the aerosol-generating material in use (pg 17, ln 8-12, pg 21, ln 27 – pg 22, ln 5, Fig. 1; Second heat source 104 is arranged to heat, but not burn, second portion 204 of aerosol generating substrate 200; and pg 15, ln 4-24; the first or second heat source may be an induction heating unit),
wherein the heating assembly is configured such that in use the second induction heating unit rises from a first operating temperature to a maximum operating temperature which is higher than the first operating temperature (pg 5, ln 22-28, pg 15, ln 4-24, pg 23, ln 5 – pg 24, ln 3, Figs. 2-3; Fig. 2 shows that at least one heat source (Heater 2) is programmed to rise from a first operating temperature of 160 °C to a maximum operating temperature 240 °C which is higher than the first operating temperature. Fig. 3 shows that at least one heat source (Heater 2) rises from 160 °C to 240 °C. The heat sources are induction heating units as applied to Claim 1).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to configure the second induction heating unit to rise from a first operating temperature to a maximum operating temperature which is higher than the first operating temperature at a rate of at least 50°C per second because Gill discloses an induction unit capable of rising from a first temperature to the maximum operating temperature at a rate of at least 50°C per second (Gill, [0011], [0024]-[0030]), and Ballesteros Gomez demonstrates that a heating profile having multiple operating temperatures (or stages) allows the article to be preheated or partially consumed before heating the article at the maximum operating temperature (Ballesteros Gomez, pg 14, ln 4-18), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 7, Gill further teaches the aerosol-generating device wherein the heating assembly is configured such that the first induction heating unit reaches a maximum operating temperature within 2 seconds of activating the device ([0011], [0024]-[0030], Fig. 1; Induction heatable element 28 rises from ambient temperature a maximum operating temperature of 250°C within 0.2 seconds of supplying power to induction coil 36. It is reasonably understood that the induction heating unit of Gill would be capable of reaching a maximum operating temperature greater than 250°C and less than 300°C (e.g. 251°C) within 2 seconds of activating the device).
Regarding Claim 21, Blandino in view of Lavanchy, Gill, and Ballesteros Gomez teaches the aerosol-generating device according to claim 3, but does not teach the device wherein a ratio between a first mode maximum operating temperature of the first heating unit and a first mode maximum operating temperature of the second heating unit is different from a ratio between a second mode maximum operating temperature of the first heating unit and a second mode maximum operating temperature of the second heating unit.
As Blandino discloses that the maximum operating temperature may be in a range from 250°C to 300°C (Blandino, [0003]-[0024]), and Blandino has been modified in view of Lavanchy such that a maximum operating temperature for the first mode differs from a maximum operating temperature for the second mode (Lavanchy, [0060]-[0065]), one of ordinary skill in the art would have recognized that a ratio between a first mode maximum operating temperature of the first heating unit and a first mode maximum operating temperature of the second heating unit and a ratio between a second mode maximum operating temperature of the first heating unit and a second mode maximum operating temperature of the second heating unit can be adjusted by selecting different maximum operating temperatures for the first heating unit and the second heating unit in the first and second mode. As there are infinite values for maximum operating temperatures in the range from 250° C to 300° C, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select suitable operating temperatures which yield a ratio between a first mode maximum operating temperature of the first heating unit and a first mode maximum operating temperature of the second heating unit that is different from a ratio between a second mode maximum operating temperature of the first heating unit and a second mode maximum operating temperature of the second heating unit.
Claim 23 rejected under 35 U.S.C. 103 as being unpatentable over Blandino (US 2017/0119047 A1) in view of Lavanchy (US 2022/0039478 A1) and Gill (US 2018/0332894 A1) as applied to Claim 1, and further in view of Lim (US 2020/0305512 A1) and Kaufman (US 2017/0119046 A1).
Regarding Claim 23, Blandino in view of Lavanchy and Gill does not teach the aerosol-generating device i) wherein the first mode and second mode are selectable by a user interacting with a user interface for selecting the first mode or second mode, ii) wherein the user interface comprises a mechanical switch selected from a biased switch, a rotary switch, a toggle switch, or a slide switch.
With respect to i), Lim, directed to aerosol generating devices ([0001]), teaches an aerosol-generating device for generating aerosol from an aerosol-generating material ([0056]-[0059], Fig. 2; Aerosol generating device 10 is configured to heat cigarette 100 (aerosol generating material) to generate an aerosol), the aerosol-generating device comprising:
a heating assembly comprising: an induction heating unit arranged to heat, but not burn, the aerosol-generating material in use ([0056]-[0059], Fig. 2; Aerosol generating device 10 comprises a heating assembly comprising heater 130. Heater 130 is configured to heat but not burn cigarette 100 (aerosol generating material) to generate an aerosol. [0066], The heater 130 may include an induction heater and cooperate with a susceptor. Lim does not include the words ‘burn’ or ‘ignite’. The sole usage of the word ‘combustive’ ([0071]) does not relate to the operation of the device 10, and is only used as a comparative term); and
a controller for controlling the induction heating unit ([0056], [0062], Fig. 2; Aerosol generating device 10 comprises controller 110 for controlling heater 130 (induction heating unit)),
wherein the heating assembly is operable in at least a first mode and a second mode ([0047]-[0051], Fig. 1; Device 10 is configured to communicate with user terminal 20 and cigarette database 30. [0130]; The user terminal 20 displays a plurality of temperature profiles of different types of cigarette through a display unit included therein. A user selects at least one of the temperature profiles through an input device included in the user terminal 20. The selected temperature profile is transmitted to the aerosol generation device 10 and is stored in a storage device of the aerosol generation device 10. Thereafter, when a cigarette is coupled to the heater of the aerosol generation device 10, the aerosol generation device 10 controls the temperature of the heater based on the temperature profile stored in the storage device. The plurality of temperature profiles which are selectable by a user, correspond to at least a first mode and a second mode of operation for the heating assembly comprising heater 130),
wherein the first mode and second mode are selectable by a user interacting with a user interface for selecting the first mode or second mode ([0130]; The user terminal 20 (user interface) displays a plurality of temperature profiles of different types of cigarette through a display unit included therein. A user selects at least one of the temperature profiles through an input device included in the user terminal 20. The selected temperature profile is transmitted to the aerosol generation device 10 and is stored in a storage device of the aerosol generation device 10. Thereafter, when a cigarette is coupled to the heater of the aerosol generation device 10, the aerosol generation device 10 controls the temperature of the heater based on the temperature profile stored in the storage device).
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 aerosol generating device of Blandino in view of Lavanchy and Gill wherein the first mode and second mode are selectable by a user interacting with a user interface for selecting the first mode or second mode as taught by Lim because Blandino, Lavanchy, Gill, and Lim are directed to aerosol generating devices, Lim demonstrates that this configuration allows the user to control their smoking experience based on their preferences (Lim, [0105], [0130]), and this involves combining prior art elements according to known methods to yield predictable results.
With respect to ii), Kaufman, directed to aerosol generating devices ([0001]-[0002], [0050]), teaches an aerosol generating device ([0050], [0058]-[0062], Figs. 1-4; Apparatus for heating smokable material to volatilize at least one component of the smokable material. The smokable material generates an aerosol upon heating) comprising:
a user interface comprising a mechanical switch selected from a toggle switch ([0058]-[0065], Figs. 1-4; The apparatus includes a user interface 180 which may comprise a push-button, a toggle switch, a dial, a touchscreen, or the like).
It would have been obvious to one of ordinary skill in the art to replace the push-button user interface of Ballesteros Gomez in view of Blandino, Gill, and Lim with the toggle switch user interface of Kaufman because Blandino, Lavanchy, Gill, Lim, and Kaufman are directed to aerosol generating devices, Kaufman demonstrates that a toggle switch user interface is a suitable alternative for a push-button user interface (Kaufman, [0065]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 24, and 26-27 rejected under 35 U.S.C. 103 as being unpatentable over Blandino (US 2017/0119047 A1) in view of Lavanchy (US 2022/0039478 A1) and Gill (US 2018/0332894 A1) as applied to Claim 1, and further in view of Lim (US 2020/0305512 A1) and Rucker (US 2019/0239567 A1).
Regarding Claim 24, Blandino in view of Lavanchy and Gill does not teach the aerosol-generating device i) wherein the heating assembly further comprises an indicator for indicating the mode of operation of the device to a user, ii) wherein the indicator is a visual indicator comprising one or more light sources, wherein the device is further configured such that the indicator indicates to the user when the aerosol- generating device is ready for use.
With respect to i), Lim, directed to aerosol generating devices ([0001]), teaches an aerosol-generating device for generating aerosol from an aerosol-generating material ([0056]-[0059], Fig. 2; Aerosol generating device 10 is configured to heat cigarette 100 (aerosol generating material) to generate an aerosol), the aerosol-generating device comprising:
a heating assembly comprising: an induction heating unit arranged to heat, but not burn, the aerosol-generating material in use ([0056]-[0059], Fig. 2; Aerosol generating device 10 comprises a heating assembly comprising heater 130. Heater 130 is configured to heat but not burn cigarette 100 (aerosol generating material) to generate an aerosol. [0066], The heater 130 may include an induction heater and cooperate with a susceptor. Lim does not include the words ‘burn’ or ‘ignite’. The sole usage of the word ‘combustive’ ([0071]) does not relate to the operation of the device 10, and is only used as a comparative term); and
a controller for controlling the induction heating unit ([0056], [0062], Fig. 2; Aerosol generating device 10 comprises controller 110 for controlling heater 130 (induction heating unit)),
wherein the heating assembly is operable in at least a first mode and a second mode ([0047]-[0051], Fig. 1; Device 10 is configured to communicate with user terminal 20 and cigarette database 30. [0130]; The user terminal 20 displays a plurality of temperature profiles of different types of cigarette through a display unit included therein. A user selects at least one of the temperature profiles through an input device included in the user terminal 20. The selected temperature profile is transmitted to the aerosol generation device 10 and is stored in a storage device of the aerosol generation device 10. Thereafter, when a cigarette is coupled to the heater of the aerosol generation device 10, the aerosol generation device 10 controls the temperature of the heater based on the temperature profile stored in the storage device. The plurality of temperature profiles which are selectable by a user, correspond to at least a first mode and a second mode of operation for the heating assembly comprising heater 130),
wherein the first mode and second mode are selectable by a user interacting with a user interface for selecting the first mode or second mode ([0130]; The user terminal 20 (user interface) displays a plurality of temperature profiles of different types of cigarette through a display unit included therein. A user selects at least one of the temperature profiles through an input device included in the user terminal 20. The selected temperature profile is transmitted to the aerosol generation device 10 and is stored in a storage device of the aerosol generation device 10. Thereafter, when a cigarette is coupled to the heater of the aerosol generation device 10, the aerosol generation device 10 controls the temperature of the heater based on the temperature profile stored in the storage device),
wherein the heating assembly further comprises an indicator for indicating the mode of operation of the device to a user ([0130]; The user terminal 20 (user interface) displays a plurality of temperature profiles of different types of cigarette through a display unit included therein. A user selects at least one of the temperature profiles through an input device included in the user terminal 20. The selected temperature profile is transmitted to the aerosol generation device 10 and is stored in a storage device of the aerosol generation device 10. Thereafter, when a cigarette is coupled to the heater of the aerosol generation device 10, the aerosol generation device 10 controls the temperature of the heater based on the temperature profile stored in the storage device. [0103], Fig. 6 demonstrates that device 10 can further include a display unit 150 which allows the user to select the temperature profile. If display unit 150 provides a list of temperature profiles and the user can view which profile they select, then display unit 150 is an indicator for indicating the mode of operation of the device to a user. If the operation of selecting the temperature profile can be performed on the display unit 150, and the display unit 150 is operatively connected to controller 110 and heater 130, then the heating assembly comprises the display unit 150 (indicator)).
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 aerosol generating device of Blandino in view of Lavanchy and Gill wherein the first mode and second mode are selectable by a user interacting with a user interface for selecting the first mode or second mode, wherein the heating assembly further comprises an indicator for indicating the mode of operation of the device to a user as taught by Lim because Blandino, Lavanchy, Gill, and Lim are directed to aerosol generating devices, Lim demonstrates that this configuration allows the user to control their smoking experience based on their preferences (Lim, [0105], [0130]), and this involves combining prior art elements according to known methods to yield predictable results.
With respect to ii), Rucker, directed to aerosol generating devices ([0001]-[0003]), teaches an aerosol generating device ([0063]-[0066], Fig. 1; Vapour producing device 1 is configured to generate an aerosol by heating a herbal vapour producing material 8) comprising:
a visual indicator comprising one or more light sources ([0083], Fig. 1; Vapour producing device 1 comprises an indication light (not shown) which illuminates to indicate to the user that the heating temperature has been reached and the device 1 is ready to be used),
wherein the device is further configured such that the indicator indicates to the user when the aerosol-generating device is ready for use ([0083], Fig. 1; Vapour producing device 1 comprises an indication light (not shown) which illuminates to indicate to the user that the heating temperature has been reached and the device 1 is ready to be used).
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 device of Blandino in view of Lavanchy, Gill, and Lim wherein the indicator is a visual indicator comprising one or more light sources as taught by Rucker because Blandino, Lavanchy, Gill, Lim, and Rucker are directed to aerosol generating devices, Rucker demonstrates that one or more light sources can serve as a visual indicator for a user (Rucker, [0083]), and this involves substituting one visual indicator for another to yield predictable results.
Further, 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 device of Blandino in view of Lavanchy, Gill, and Lim wherein the device is further configured such that the indicator indicates to the user when the aerosol-generating device is ready for use as taught by Rucker because Blandino, Lavanchy, Gill, Lim, and Rucker are directed to aerosol generating devices, Rucker demonstrates that a visual indicator can indicate to a user that a heating unit has reached a predetermined heating temperature and that the user may begin inhaling from an aerosol generating device (Rucker, [0083]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Blandino (US 2017/0119047 A1) in view of Lavanchy (US 2022/0039478 A1) and Gill (US 2018/0332894 A1) as applied to Claim 1, and further in view of Scheck (US 2017/0027232 A1).
Regarding Claim 25, Blandino in view of Lavanchy and Gill does not teach the device wherein the first mode and second mode are selectable by a user during a first portion of a session of use, wherein the selected mode cannot be changed by the user during a second portion of the session of use.
Scheck, directed to aerosol generating devices ([0001]-[0002], [0040]-[0049], Fig. 1; Device 10 is configured to vaporize an active substance to generate an aerosol), teaches an aerosol-generating device ([0001]-[0002], [0040], Fig. 1; Device 10), the aerosol-generating device comprising:
a heating assembly ([0040]-[0049], Fig. 1; Device 10 comprises two heating resistors 120, 125 which form a heating assembly),
wherein the heating assembly is operable in at least a first mode and a second mode ([0040]-[0049], Fig. 1; Device 10 comprises a means 135 for controlling the heating of each resistor 120, 125 (heating assembly). [0080]-[0081], In some variants, the device 10 comprises a rotating ring, whose degree of rotation determines an amount of active substance to be vaporized and an overall heating power for the two resistors, 120 and 125. [0077], The means 135 for controlling the heating of each resistor 120, 125 actuates each resistor 120, 125 independently in accordance with the determined amount of active substance to be vaporized. The variable heating power of the two resistors 120, 125 generates at least a first and second mode of operation of the heating assembly),
wherein the first mode and second mode are selectable by a user during a first portion of a session of use ([0080]-[0081], In some variants, the device 10 comprises a rotating ring, whose degree of rotation determines an amount of active substance to be vaporized and an overall heating power for the two resistors, 120 and 125. [0077], The means 135 for controlling the heating of each resistor 120, 125 actuates each resistor 120, 125 independently in accordance with the determined amount of active substance to be vaporized. The variable heating power of the two resistors 120, 125 generates at least a first and second mode of operation of the heating assembly. A user rotates that ring to determine the amount of active substance to be vaporized (the first mode, second mode, etc), and means 135 controls the two resistors 120, 125 in accordance with the determined amount of active substance to be vaporized. [0080]-[0087], Based on the cited disclosures relating to the rotating ring, button, or touch area for selecting the level of active substance to be evaporated, it is reasonably understood that such user selections can be performed during a first portion of a session of use), and
wherein the selected mode cannot be changed by the user during a second portion of the session of use ([0105], In some variants, the control means 135 is deactivated during a predefined limit time when a predefined limit quantity of active substance has been vaporized during a predefined limit time. The first portion of the session of use ends and the second portion of the session use begins when the predefined limit time has elapsed. [0077]-[0079], If the control means 135 is deactivated during the second portion, regulation of the amount of active substance does not occur, and any user selections made on the rotating ring will not be performed by the device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the device of Blandino in view of Lavanchy and Gill wherein the first mode and second mode are selectable by a user during a first portion of a session of use, wherein the selected mode cannot be changed by the user during a second portion of the session of use as taught by Scheck, because Blandino in view of Lavanchy, Gill, and Scheck are directed to aerosol-generating devices, Scheck demonstrates that allowing the first mode and second mode be selectable by a user during a first portion of a session of use provides increased flexibility in the operation of the device, such that the device may function according to a user preference (Scheck, [0077]-[0087]), Scheck demonstrates that preventing the selected mode from being changed by the user during a second portion of the session of use can serve as a method of limiting the user’s consumption of nicotine (Scheck, [0002]-[0003], [0019], [0105]), and this involves combining prior art elements according to known methods to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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