CTNF 17/628,355 CTNF 82917 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Arguments 07-37 AIA Applicant's arguments filed 4/10/2026 have been fully considered but they are not persuasive. The applicant argues that the power modes are of the overall device and the controller does not determine the power modes and is not claimed. The examiner disagrees. Claim 1 and 10 expressly indicate that, “the controller is configured to…transmit a switching control signal to the power supply unit…such that the aerosol generating device switches from a first power mode…to a second power mode.” These steps programmed into the controller expressly control the power mode. No other element is configured to enter any other power mode nor is any other element disclosed as being capable of controlling power modes. In particular, there is no disclosure that the controller is configured to enter a first power mode when power is turned onto the controller. In addition, the specification states: According to an embodiment, when a user input is received in the second power mode, in operation S1160, the controller 110 may change the power mode of the aerosol generating device 100 from the second power mode to the first power mode. [0120] If the applicant is arguing that a device other than the controller determines what power mode the device operates in, no structure capable of setting or operating a power mode is defined in the specification. In particular, no controller is disclosed as part of the power supply unit . Claim Rejections - 35 USC § 112 07-30-01 AIA The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 07-31-02 AIA Claim 1, 5, 8, 9, 10 and 11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claims 1 and 10 require the limitation that a first power mode, “is a standby mode in which power for operations of internal components other than the controller is blocked.” The specification states that the battery supplies power to heat the heater or vaporizer, for operating the controller, and the display, sensor, motor, etc. Claims 1 and 10 further claims that the controller has two time periods during the first power mode to detect the heater not being heated and no user input being received. The heating of the heater and the user input are events that occur due to “operations of internal components other than the controller”. The heater cannot receive power during the first power mode. The user input is received by an input unit [0073] which is not part of the controller and is therefore not powered in the first power mode. Furthermore, puff sensors and cigarette insertion sensors are part of a sensing unit that is also not part of the controller and therefore does not have power during the first power mode [0075]. Undue experimentation is required to be able to make and use a device that functions as claimed. The claims in this application are narrow. However, they are narrow in a way that is not operable and contradicts the disclosure and other portions of the claims. It is this specificity and contradiction that is at the heart of this enablement rejection. If the first power mode was broader, the normal functions that are well known in the art would not be excluded. For example, Lee (see rejection below) discloses a similar device and has a similar “stand by mode” equivalent to the instant “first mode”. However, the standby mode of Lee operates by deactivating the heating unit connection port to reduce standby current when the heater is not in use (i.e., standby mode) ((0125]). This allows other portions of the device to remain operational such as sensors needed to detect a user trying to inhale on the device or inserting a smoking article. Furthermore, the standby mode of Lee has to exit standby to check the state of the heating element and other inputs because checking for an input requires power to be sent to the other non-controller elements [0159]-[0165]. In other words neither Lee, nor the claimed invention cannot determine the status of the heater or if a user input has been received through an input unit during a power state where only the controller receives power. The state of the prior art, while advancing rapidly is well known (see the discussion of Lee above) and the level of one of ordinary skill is high. The art is predictable, as the general operation of electronic cigarettes/vape devices is well known. One of ordinary skill would expect a controller in a vape device to wait in standby mode until a user inhales or inserts a cartridge or cigarette. However, one of ordinary skill would understand that the detection or inhalation or insertion requires the related sensors to received power. These conventionally known means of operation are excluded. In addition, the direction provided is contradictory and confusing and the end result is an invention as claimed that is not enabled because enabling it would violate other portions of the claimed limitations . Claim Rejections - 35 USC § 103 07-103 AIA The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 07-21-aia AIA Claim (s) 1 and 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Le (KR 20200073692A) in view of Potter et al. (US 20210093013), Texas Instruments (“Implementing Ship Mode Using the TPS22915B Load Switch, 2016, https://www.ti.com/lit/an/slva821/slva821.pdf), Nguyen (US 2006/0132093), and Atsumasa et al. (JP 2005278371) . Regarding claims 1 and 10 , Lee discloses an aerosol generating apparatus comprising: a battery ([0027], Fig. 1 component 150); a power supply unit (i.e., controller) ([0027], Fig. 1 component 160) configured to control power supply of the battery ({0033]). Lee also discloses a method for operating the apparatus, comprising the controller configured to control the operation of the heater by activating the heating unit connection port ([0077], Fig. 1 component 162) when heating of the aerosol-generating material is required ((0085, 0086, 0087]), and deactivating the heating unit connection port to reduce standby current when the heater is not in use (i.e., standby mode) ((0125]). Lee further discloses a switch (i.e., switching element) that is connected to the control unit (i.e., controller) ([0068], Fig. 4 component 124). However, Lee does not explicitly teach the controller transmit a switching control signal to the power supply unit that causes the power supply unit to turn off the switching element and block power from being supplied to the controller. Potter also discloses an aerosol provision device ([0016], Fig. 1 component 100) comprising a controller configured to control the operation of the heating element (i.e., coil) once the device is activated by a puff detector (i.e., user input) ([0039], Fig. 1 components 330, 250). Potter also discloses that “If no puff is detected, the device is switched off’ ([0039]). This establishes that Potter’s aerosol provision device inherently includes a switching element (i.e. a switch) designed to turn off the device when no user input is detected ([0039], Fig. 4). As is known in the art, when an electronic device is switched off, power to its controller is cut off, meaning the controller no longer receives electricity to operate the device's functions. The controller is part of apparatus 100 and Potter expressly discloses that apparatus 100 is turned off. Potter is considered to be analogous to the claimed invention. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol generating device of Lee to reduce power use further from a power saving mode by incorporating the teaching of Potter to switch off the device. Doing so would save electrical power when the device is not in use, prolong battery life, and thereby arriving at the presently claimed invention. Potter does not expressly disclose the structure that switches the device off. However, it is known in the art to include switches that cut power to the entire battery-operated devices to save power. For instance, Texas Instruments discloses how to implement a switch to save battery power during storage. TI states: Once the product is turned on for the first time, the battery is connected to the rest of the system and stays connected until the system puts itself back into ship mode. The circuit which is used to connect and disconnect the battery is the ship mode circuit. (section 1) As shown, the battery power can be switched off from the system suing TPS22915B using a control signal to the “On” connection (see figure 1 and 2 below). PNG media_image1.png 149 752 media_image1.png Greyscale PNG media_image2.png 364 470 media_image2.png Greyscale As a result, the controller and the rest of the vaporizer are disconnected from the system (section 3.4) and a small amount of current is leaked into the ship mode circuit. It would have been obvious to one of ordinary skill in the art at the time of filing/invention to use the ship mode circuit and switches to enable the portable battery powered devices of Lee and Potter to exit and enter ship mode when not being used. Doing so would prolong battery life and ensure systems would start after extended storage as disclosed by TI. Texas Instruments is not in the same field of endeavor, however, it is reasonably pertinent to the particular problem with which the inventor was concerned. In other words, one of ordinary skill would look to battery control circuits, controllers, and switches that are used by many different battery powered devices. In addition, Texas Instruments does not indicate a particular product, but instead indicates that: As the presence of global manufacturing and distribution increases, many original equipment manufacturers are looking for creative ways to extend battery life during shipping and shelf life at big-box warehouses. Keeping the battery sufficiently charged during shipment enables a consistent out-of-box experience for the end user. A solution that has gained popularity is the use of a ship mode feature that keeps devices in a low-power state during shipment and while on the shelf. This application note shows how to use a load switch and a few external components to create a small, cost-effective solution (page 1). Furthermore, some new battery chemistries cannot be completely discharged because complete discharge will ruin the battery. For instance, Nguyen discloses that “a Thin-Film Solid State battery cell usually cannot be recharged once it has been discharged below about 1.2 volts per cell.” [0004, 0015]. Nguyen then discloses a “smart” battery pack that nevertheless leaks voltage to the battery control system and can completely discharge the battery over time [0003]. Instead, Nguyen discloses that even when smart battery control is used, there is a need for cutting-off power to control circuitry when the voltage level of the battery reaches a certain threshold. In order to achieve this function, Nguyen includes an interface controller (140) that received communication from the device that can include instructions to enable or disable the battery pack [0014]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to use the circuitry disclosed by Nguyen and Texas Instruments in the inventions of Le and Potter to cut all circuit drain from the battery based on low voltage conditions (such as close to 1.2 volts per cell as disclosed by Nguyen) in order to prevent damage to the batteries (as disclosed by Nguyen). Although Nguyen is in a different field of endeavor, the problem faced by the instant application and the prior art concern rechargeable batteries and their control which is a problem in a wide range of consumer products and not restricted to personal smoking devices. In addition, Nguyen disclose that “…embodiments of the present invention can be used in a variety of electronic devices such as video cameras, hand-held computing devices, cellulose phones, computer tablets, etc.” [0024]. One of ordinary skill in the art at the time of invention/filing would look to rechargeable battery control in other electronic systems such as those disclosed by Nguyen. The above references do not expressly disclose that the battery pre-set levels and external power not being applied are considered in terms of a designated time period. However, it is well known to measure low voltage of a battery in terms of both voltage and a time period. For instance, Atsumasa et al. teaches that when the remaining capacity of a battery is less than a predetermined value and not connected to the charging circuit and the state exceeds a predetermined time, a control signal is sent from the controller to a switch that cuts off the power supply from the controller (see Abstract, and [0101]). It would have been obvious to one of ordinary skill in the at the time of invention/filing to use a predetermined amount of time to reduce premature shutdown of a control system based on transient low voltage from a battery, such as during high current draw. Although the device of Atsumasa et al. is a handheld drill, the management of rechargable batteries is the technical problem facing the instant application as well as this and the other prior art references. Lee discloses the first mode switching condition (i.e., activating the heating unit connection port) comprises at least one of heating of a heater, insertion of an aerosol-generating article, reception of a user input, and supply of external power, during a designated time period ([0086, 0087]). Lee discloses a heater configured to heat an aerosol- generating article ([0030], Fig. 4 component 120), wherein, when heating of the heater is not performed during a first time period, the controller switches to the second power mode (i.e., deactivate the heating unit connection port) ({0090]). Lee discloses an input unit configured to receive a user input ([0103, 0104], Fig. 6 component 140), wherein, when no user input is received through the input unit during a third time period, the controller switches to the second power mode (i.e., ship mode) ({0141]). Modified Lee further discloses an interface unit configured to receive external power ([0054]), wherein, when remaining charge of the battery is below a pre-set level and the external power is not supplied. Lee discloses that the standby mode for a first time corresponding to a predetermined time periods [0160]-[0164]. It is notoriously well known in the art, at the time of invention/filing, to use predetermined time periods to balance power consumption with events like turning off features or entering standby, such as described by Lee. The selection of particular times are result effective variables by definition and as described by Lee are designed to prevent power consumption while a device is not being used. It would have been obvious to one of ordinary skill in the art at the time of invention to select any range predetermined times for a controller to monitor inputs for system events to enter or leave power states. The results are predictable as power consumption and wake up time can be readily adjust to meet the results desired for power use and usability. Regarding claims 8-9 and 11, Lee discloses that when a second mode switching condition is satisfied while no power is supplied to the controller, the power supply unit (i.e., controller) switches to the first power mode (1.e., activate the heating unit connection port), wherein of the second mode switching condition comprises at least one of reception of a user input and supply of external power ([0108]). Modified Lee further discloses a computer-readable recording medium having stored thereon a program for executing the method ([0019]) . 07-22-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR20200073692A), Potter (US 2021/0093013), and Texas Instruments (“Implementing Ship Mode Using the TPS22915B Load Switch, 2016, https://www.ti.com/lit/an/slva821/slva821.pdf), Nguyen (US 2006/0132093), and Atsumasa et al. (JP 2005278371) as applied to claim s 1 and 10 above, and further in view of Lim et al. (US 2020/0093185) . Regarding claim 5, modified Lee discloses an aerosol generating apparatus (i.e., aerosol generating device) as set forth above. However, modified Lee does not explicitly teach an insertion sensing unit configured to sense insertion of an aerosol- generating article, wherein, when insertion of the aerosol-generating article is not sensed by the insertion sensing unit during a second time period, the controller switches to the second power mode. Lim discloses a similar aerosol generation device comprising a cigarette insertion sensing sensor to detect the insertion of an aerosol-generating article (1.e., cigarette) ([0006, 0111], Fig. 8 component 800). Lim further teaches that the aerosol generation device’s controller configured to block the power supply when a cigarette insertion detecting signal is not received ((0112]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aerosol generating device of modified Lee to incorporate the teachings of Lim by integrating a cigarette insertion sensing sensor, ensuring that the controller sends a switching control signal to turn off the switching element and fully shut down the device (i.e., second power mode) after a predetermined time has passed without detection of a cigarette being inserted. Doing so would enable the aerosol generation device to detect an insertion of an aerosol- generating article, prolong the battery life, and thereby arriving at the presently claimed invention. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J FELTON whose telephone number is (571)272-4805. The examiner can normally be reached Monday, Thursday-Friday 7:00-4:30, Wednesday 7:00-1:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Michael J Felton/Primary Examiner, Art Unit 1747 Application/Control Number: 17/628,355 Page 2 Art Unit: 1747 Application/Control Number: 17/628,355 Page 3 Art Unit: 1747 Application/Control Number: 17/628,355 Page 4 Art Unit: 1747 Application/Control Number: 17/628,355 Page 5 Art Unit: 1747 Application/Control Number: 17/628,355 Page 6 Art Unit: 1747 Application/Control Number: 17/628,355 Page 7 Art Unit: 1747 Application/Control Number: 17/628,355 Page 9 Art Unit: 1747 Application/Control Number: 17/628,355 Page 10 Art Unit: 1747 Application/Control Number: 17/628,355 Page 12 Art Unit: 1747 Application/Control Number: 17/628,355 Page 13 Art Unit: 1747
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