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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11-13-2025 has been entered.
Response to Amendment
This office action is in response to the Applicants’ arguments/remarks filed 11/13/2025.
Claim 19 is new.
Claims 1-9 and 11-19 are presently examined.
Claims 1, 9, 13, and 15 are amended.
Claim 10 is canceled.
Drawings
The drawings are objected to because they do not use the abbreviation “FIG.” as required by 37 CFR 1.84(u)(1). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 6 is objected to because of the following informalities: two punctuation marks are used, one immediately after the other, in line 5. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-9 and 11-19 are rejected under 35 U.S.C. 101 because the claim is directed to an abstract idea without significantly more.
The claim 1 recites, inter alia:
control circuitry configured to select a rule of the one or more rules stored in the memory and operate the heater and the at least one indicator according to the selected rule (mental evaluation, abstract idea)
such that the at least one indicator is operated, in use, to indicate when an initialisation heating time has elapsed, thereby signalling when the aerosol generating device is ready for use, wherein the at least one indicator comprises the visual indicator, wherein said visual indicator comprises a light emitting indicator that is progressively lit during heating-up, wherein at least one of the one or more rules comprises a first start temperature, a plurality of first intermediate temperatures and the use temperature and a second start temperature, and a plurality of second intermediate temperatures, and the control circuitry is configured to operate the heater to heat the heating chamber to each of the corresponding one of the pluralities of first and second intermediate temperatures, depending on the first or second start temperature, and the use temperature, and wherein the light emitting indicator is progressively lit when the heating temperature reaches one or more of the pluralities of corresponding first or second intermediate temperatures such that each progressive lighting of the light emitting indicator is indicative of one of the pluralities of corresponding first or second intermediate temperatures.
The control circuitry selecting a rule and applying the rule is a mental process, the rules defining which indicator or indicators to light up. This is either “applying” the abstract idea or “generally linking the use of the judicial exception to the field of use.
This judicial exception is not integrated into a practical application because the rule which represents the mental process, and the process or rule that is configured to be calculated or selected, which is recited at a high level of generality (i.e., as a generic “rule” (software program) performing a generic computer function of ranking information based on a temperature) such that it amounts to no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea. Adding the words “apply it” (or an equivalent with the judicial exception or mere instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea MPEP 2106.05(f). Accordingly, the claim recites an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, using a rule (or software program/processor) to perform calculating steps amounts to no more than mere instructions to apply the exception using a generic computer component.
Monsees (US 20160262459 A1) teaches a heating chamber (15, see [0078]), a heater (16), temperature sensor (thermocouple sensor [0095]), indicator [0072], indicator lighting based in temperature [0154])
Krietzman (US 20160235122 A1) teaches heating chamber [0048], heater (20) [0056], temperature sensor (34) [0058], and indicator [0077] and indicator lighting up based on the temperature of the heating chamber [0077].
Verleur (US 20150305409 A1) teaches a heating chamber [0052], heater (214) [0052], temperature sensor, and indicator (118) [0051] and indicator lighting up based on the temperature of the heating chamber [0051]
Therefore as shown by Monsees, Krietzman, and Verleur, further adding a heating chamber, heater, temperature sensor, and indicator and indicator lighting up based on the temperature of the heating chamber is an insignificant extra solution activity, because these features are well understood, routine, and conventional.
Mere instructions to perform a calculation using a generic computer component cannot provide an inventive concept. Additionally claims 2-9 and 11-19 do not add additional elements that are sufficient to amount to significantly more than the judicial exception. Therefore, the claims are not patent eligible.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 recites the limitation "the visual indicator" in line 14. There is insufficient antecedent basis for this limitation in the claim. The recitation “the visual indicator” is being interpreted as “a visual indicator”.
Claim 1 recites the limitation "the use temperature" in line 17. There is insufficient antecedent basis for this limitation in the claim. The recitation “the use temperature is being interpreted as “a use temperature”.
Claim 5 recites the limitation "a user input" in line 2. It is unclear whether the limitation refers to a physical component of the device or a step in which user input is received to control the device. The recitation “a user input” is being interpreted to be a step in which the user input is received to control the device.
Claim 6 recites the limitation "the measured temperature" in line 4. There is insufficient antecedent basis for this limitation in the claim. The recitation “the measure temperature” is being interpreted as “a measured temperature”.
Claim 8 recites the limitation "heating temperature" in line 2. However, it is unclear whether the limitation “heating temperature” refers to claim 1 or to a new heating temperature. The limitation is interpreted to be the heating temperature of claim
Claim 14 recites the limitation "said light emitting indicator" in line 1-2. There is insufficient antecedent basis for this limitation in the claim. The limitation is being interpreted as a light emitting indicator.
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, 2, 4-9 and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Monsees (US 20160262459 A1) in view of Reevell (US 10932495 B2) and Lin (US20200323273A1).
Regarding Claim 1, Monsees teaches an aerosol generating device comprising:
a heating chamber [0018] arranged to hold an aerosol generating medium (the substance, [0019], see also [0023]);
a heater [0016] arranged, in use, to heat the heating chamber (device having a heater and vaporization chamber, [0016]);
at least one indicator configured to indicate when an initialization heating time has elapsed (“LED indicator…solid pattern indicates that the set point temperature has been reached [0152] thereby indicating that the time necessary for initialization heating time has elapsed, thus indicating when an initialization heating time has elapsed”);
a memory storing one or more rules; each defining an operating process of the heater and the at least one indicator (e.g., when heating, the indicator glows purple, once set point temperature is reached indicator glows green [0154], although not explicitly recited that a memory is storing these rules it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that a memory would have needed to store one or more rules in order for the RGB LED to have been programmed to change to at least these two different colors when these different operating processes of the heater were engaged by the users selection using the one button tactile control [0152]);
control circuitry configured to select a rule of the one or more rules stored in the memory and operate the heater and the at least one indicator according to the selected rule (e.g., [0139], the device includes a controller (control circuitry) for maintaining the operating temperature and also so that a user can select a temperature, as stated above [0154] explains that an RGB LED indicator is programmed to indicate different colors when different processes or rules have been selected and are being operated on from the memory.)
the at least one indicator is operated, in use, to indicate when an initialization heating time has elapsed (e.g., when heating begins the indicator glows purple, once set point temperature is reached indicator glows green thereby indicating that the time necessary for initialization heating time has elapsed, thus indicating when an initialization heating time has elapsed [0154],), thereby signaling when the aerosol generating device is ready for use (once set point temperature is reached indicator glows green [0154]. Although not explicitly recited that when the setpoint temperature is reached the device is ready for use, a person of ordinary skill would recognize that when the set point temperature is reached the device is ready for use.
The at least one indicator comprises the visual indicator (e.g., the halo LED indicator [0154] and FIG 11A and 11B) Said visual indicator comprises a light emitting indicator (e.g., led halo indicator) that is progressively lit during heating-up (see transition of halo indicator from FIG 11A to FIG 11B).
The halo indicator LED indicates information about status of the device such as indicating that the device is heating up e.g., current temperature. [0154], see also FIG 11A and 11B when the device is heating up the circle is not a yet a full circle (see FIG 11A, e.g., it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the halo indicator such that as the device heats the halo LED progresses from being a partial circle (as illustrated in FIG 11A) to being a complete circle (as illustrated in FIG 11B) at which point the halo indicator indicates that heating is complete/the device is heated and ready for use, and that any portion of an incomplete circle indicates a plurality of intermediate temperatures, e.g., first, second, third, nth intermediate temperature, which conveniently allows the user to know the device is in the use state. [0152] , see also [0136].
Monsees teaches at least one of the one or more rules comprises a first start temperature (e.g., ambient, an ordinary artisan would appreciate ambient temperature could be the first start temperature)
a plurality of first intermediate temperatures (see [0136]), the plurality of first intermediate temperatures is set to ben either 25° C or 20° C between the main operating temperature and standby temperature. An ordinary artisan would appreciate these temperatures are the first intermediate temperatures
a second start temperature (e.g., see [0136], 30° C between the main operating temperature and standby temperature, an ordinary artisan would appreciate this temperature is a second start temperature), and
a plurality of second intermediate temperatures (see [0136], the plurality of second intermediate temperatures can be either 15° C or 10° C between the main operating temperature and standby temperature, an ordinary artisan would appreciate these temperatures are second intermediate temperatures) and
the control circuitry is configured to operate the heater to heat the heating chamber to each of the corresponding one of the pluralities of first and second intermediate temperatures, depending on the first or second start temperature, and the use temperature (See [0136], these temperature differences can be used to define temperatures that might be met by the heater and later the temperature changing from these selected temperatures to a use temperature).
Monsees teaches the plurality of intermediate temperatures are determined by the control circuitry according to an initial temperature measured by the temperature sensor to control the heater.
As stated above Monsees teaches a circular halo LED that indicates the state/status of the device [0152] which can include temperature during the heating process (status of the temperature indicated by the indicator). A person of ordinary skill would appreciate that the full circle in FIG 11B represents the device at the use temperature [0152] and less than a full circle (e.g., not explicitly recited but illustrated in FIG 11A) represents the temperature differential needed for the heater to be at use temperature as intermediate temperatures.
Monsees teaches in FIG 11A the halo indicator indicates an example intermediate temperature with a partial circle in the halo indicator which indicates the status of the device including temperature [0152]. FIG 11B indicates an example indication of the halo indicator indicating the use temperature with the full circle. It would be obvious to a person of ordinary skill in the art to modify the indicator to indicate portions between a partial circle and a full circle to indicate a plurality of intermediate temperatures (e.g., heating status temperatures), including a first intermediate temperature, a second intermediate temperature or an nth intermediate temperature.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the plurality of intermediate temperatures is determined by the control circuitry according to an initial temperature measured by the temperature sensor and displayed by the indicator. The temperature sensor will display the quantity of halo LED to illuminate which corresponds to a number of LED’s which makes up a percentage of the ring that visually indicates the fractional deficiency on how far the heaters temperature is from the use temperature (see FIG 11A and FIG 11B and [0072] for examples of the halo LED at different indications of status, and see [0154] and [0156]). Monsees also teaches that color changes can also be used to indicate temperature [0154]. An ordinary artisan would recognize that this instantaneous temperature status position on this temperature vs resistance curve is indicated by the Halo LED disclosed by Monsees.
Monsees fails to teach (a) a temperature sensor arranged to measure a temperature of the heater or the heating chamber, and (b) disclose the light emitting indicator is progressively lit when the heating temperature reaches one or more of the pluralities of corresponding first or second intermediate temperatures such that each progressive lighting of the light emitting indicator is indicative of one of the pluralities of corresponding first or second intermediate temperatures
Regarding (a) although Monsees teaches specific temperatures Monsees fails to explicitly recite a temperature sensor arranged to measure a temperature of the heater or the heating chamber.
However, Reevell teaches a plurality of sensors including a temperature sensor arranged to measure a temperature of the heater or the heating chamber (271, see column 9 lines 33-39). Additionally, Reevell teaches the temperature sensors can be used to monitor the temperature of the heating element over time (column 9 lines 40-44) and that the circuitry maybe be configured to determine the depletion of the liquid aerosol forming substrate based on the temperature measured by the temperature sensors (column 9 lines 43-51).
Therefore, it would be obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the aerosol generating device of Monsees to include the temperature sensors of Reevell so that the circuitry can be configured to determine the depletion of the liquid aerosol forming substrate based on the temperature measured by the temperature sensors.
Regarding (b), Monsees fails to explicitly disclose the light emitting indicator is progressively lit when the heating temperature reaches one or more of the pluralities of corresponding first or second intermediate temperatures such that each progressive lighting of the light emitting indicator is indicative of one of the pluralities of corresponding first or second intermediate temperatures.
However Lin teaches the light emitting indicator (see FIG 6 and [0076] is progressively lit (annular zone LED with 4 segments that are progressively lit to show heating progress [0076]) when the heating temperature reaches one or more of the pluralities of corresponding first or second intermediate temperatures such that each progressive lighting of the light emitting indicator is indicative of one of the pluralities of corresponding first or second intermediate temperatures (see [0076] and FIG 6, as each of the predetermined intermediate temperatures are reached the annular zone of the LED is progressively lit to indicate the plurality of corresponding first or second intermediate temperatures, e.g., first segment is first temperature, second segment is second temperature, etc.,)
Lin teaches this LED indicator is important because it informs the user of the heating progress of the device and that the device is entering the smoking operation mode [0076] and teaches this makes the device convenient to use [0036].
Therefore, it would be obvious to a person of ordinary skill in the art to modify the control chip and LED indicator of Monsees with the control chip and LED of Lin in order to inform the user of the heating progress of the device and that the device is entering the smoking operation mode to make the device convenient to use.
Regarding Claim 2, Monsees teaches all the claim limitations as set forth above. Additionally, Monsees teaches the memory stores a first rule of the one or more rules (e.g., when heating begins the indicator glows purple, once set point temperature is reached indicator glows green [0154],), and the control circuitry is configured to operate the heater and the at least one indicator according to the first rule (e.g., when heating, the indicator glows purple, once set point temperature is reached indicator glows green [0154], although not explicitly recited that a memory is storing these rules it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that a memory would have needed to store one or more rules in order for the RGB LED to have been programmed to change to at least these two different colors when these different operating processes of the heater were engaged by the users selection using the one button tactile control [0152]), the first rule comprising:
operating the heater to heat the heating chamber to a first use temperature during a first heat-up period (e.g., standby mode the set point can be another preset temperature, [0140] and then maintaining the heating chamber at the first use temperature (e.g., a temperature regulator can maintain the heating chamber temperature using a microcontroller taking measurements with a PID control variable and can also set a duty cycle [0140]; and
operating the at least one indicator (e.g., an LED can blink or be programmed to blink with a certain pattern [0132], or a certain color [0154]) to signal that the device is ready for use when an initialization heating time has elapsed (e.g, if target temperature reached, LED can turn green, [0154],
the initialization heating time (standby time) is longer than the first heat-up period (main operating temperature [0136], main operating temperature happens “as quickly as possible”. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the time period of the standby time of Monsees is longer than the first heat-up period.
Regarding Claim 4, modified Monsees teaches all of the claim limitations as set forth above. Monsees teaches the memory additionally stores a second rule of the one or more rules and the control circuitry is further configured to operate the heater (e.g., Monsees teaches different botanicals vaporize at different temperatures [0102], and teaches the user can input the target temperature into the memory to operate the heater based on that inputted and stored rule, i.e., user selected temperature input, or stored preset temperature [0139].) and the at least one indicator according to the second rule, Monsees teaches at least 3 additional rules stored in memory to operate the control circuitry that is further configured to operate the heater that is configured to indicate the respective rule with preset LED indicator colors, (e.g., red for high temperature (1st rule), orange for medium temperature (2nd rule), and yellow for low temperature (3rd rule), respectively [0154]) Examiner notes that the order of these rules is being assigned for the purposes of examination and that there is no implied order of these respective rules.,
the second rule comprising: operating the heater to heat the heating chamber to a second use temperature during a second heat-up period and then maintaining the heating chamber at the second use temperature (e.g., orange for medium temperature (2nd rule) [0154]); and
operating the at least one indicator when the second use temperature is first reached to signal the device is ready for use (“once the setpoint temperature is reached, it glows green” [0154]. Examiner also notes that Monsees teaches the indicator colors can be changed and assigned to each rule as desired [0154]).
Regarding Claim 5, modified Monsees teaches all of the claim limitations as set forth above. Monsees teaches a user input operable to instruct the control circuitry to select the first rule or the second rule (e.g., the user selectable temperature setting (rule) can be selected (e.g., red for high temperature (1st rule), orange for medium temperature (2nd rule) [0154]).
Regarding Claim 6, modified Monsees teaches all of the claim limitations as set forth above. Monsees teaches at least one of the one or more rules defines an operating process of the at least one indicator (“LED-illuminated “halo” indicator”, [0152]) in which the at least one indicator is operated:
when the measured temperature reaches one or more intermediate temperatures, where the one or more intermediate temperatures are between an initial temperature and the use temperature ([0152] the indicator indicates “a sawtooth pattern indicates that it is heating up”, e.g., where the one or more intermediate temperatures are between an initial temperature and the use temperature)
Regarding Claim 7, modified Monsees teaches all of the claim limitations as set forth above. Monsees teaches the control circuitry is configured to select a rule from the one or more rules according to one or more of:
a user input (user selectable temperature setting [0154]);
Regarding Claim 8, modified Monsees teaches all of the claim limitations as set forth above. Monsees teaches at least one of the one or more rules comprises a heating curve defining a change in heating temperature over time;
the control circuitry is configured to select a heating curve (e.g., see [0136], going from an ambient temperature to one of the temperatures set forth above that is a certain temperature below the use temperature and then going to the use temperature) and operate the heater to heat the heating chamber according to the selected heating curve (e.g., going from ambient to one of the other temperatures to the use temperature. Each temperature requires a certain period of time to reach a desired temperature, see [0136], the heater has had enough time to raise the temperature to the temperature setting or use temperature).
Regarding Claim 9, modified Monsees teaches all of the claim limitations as set forth above.
Monsees fails to explicitly disclose at least one of the one or more rules comprises a table containing the plurality of first or second intermediate temperatures and the use temperature.
However, as set forth above Lin teaches the light emitting indicator (see FIG 6 and [0076] is progressively lit (annular zone LED with 4 segments that are progressively lit to show heating progress [0076]) when the heating temperature reaches one or more of the pluralities of corresponding first or second intermediate temperatures such that each progressive lighting of the light emitting indicator is indicative of one of the pluralities of corresponding first or second intermediate temperatures (see [0076] and FIG 6, as each of the predetermined intermediate temperatures are reached the annular zone of the LED is progressively lit to indicate the plurality of corresponding first or second intermediate temperatures, e.g., first segment is first temperature, second segment is second temperature, etc.,)
Thus as Lin teaches 4 segments that are progressively lit [0076], a person of ordinary skill would appreciate that at least one or more of the rules comprising a table (each rule in the table allows for another segment to be lit when the corresponding temperature is met) containing the plurality of first or second intermediate temperatures and the use temperature would be required to cause the 4 segments to be progressively lit and when the 4 segments are all lit that the device is ready for use.
Regarding Claim 12, modified Monsees teaches all of the claim limitations as set forth above.
Monsees teaches the control circuitry is configured to select a rule of the one of more rules according to an initial temperature measured by the temperature sensor at least one indicator comprises the visual indicator (LED), wherein said visual indicator comprises a light emitting indicator that changes colour ([0154], RBG tri color LED displays many colors, e.g., heating indicator may be purple, when set point temperature is reached indicator may glow green)
Regarding Claim 13, modified Monsees teaches all of the claim limitations as set forth above. Monsees teaches the at least one indicator comprises one or more of:
the visual indicator ([0028] visual indicator);
Regarding Claim 14, modified Monsees teaches all of the claim limitations as set forth above.
Monsees teaches the at least one indicator comprises the visual indicator (LED), wherein said visual indicator comprises a light emitting indicator that changes colour ([0154], RBG tri color LED displays many colors, e.g., heating indicator may be purple, when setpoint temperature is reached indicator may glow green) and/or
Regarding Claim 15, modified Monsees teaches all of the claim limitations as set forth above.
Monsees teaches the light emitting indicator is an RBG LED and changes colour (e.g., from purple to green when the set point temperature is reached, [0154], and also indicates other colors that can be used for LED’s to indicate temperatures such as red for high, orange for medium, and yellow for low [0154] in order to indicate the temperature to the user, but fails to explicitly disclose the color changes are displayed when the heating temperature reaches one of more pluralities of first or second intermediate temperatures.
Lin teaches an annular LED indicator is used to indicate a plurality of corresponding first or second intermediate temperatures with 4 segments that light up with increasing temperature as set forth above, however Lin alone fails to explicitly disclose a plurality of different colors that correspond to each temperature.
It would be obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the RBG indicator of Monsees with the LED indicator of Lin to use the different colored RBG LED’s taught by Monsees to indicate color changes when the heating temperature reaches one or more of the pluralities of corresponding first or second intermediate temperatures in order to indicate the heating progress to the user.
Regarding Claim 16, modified Monsees teaches all of the claim limitations as set forth above.
Monsees teaches the light emitting indicator changes colour and/or is progressively lit (“LED indicates current battery level”): when one or more intermediate heating times have elapsed, where the one or more intermediate heating times are between a heater start time and the initialization heating time. (The Halo indicator LED indicates information about status of the device such as a saw tooth pattern indicating that the device is heating up. [0154], see also FIG 11A and 11B when the device is heating up the circle is not a yet a full circle as in FIG 11A, e.g., it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that as the halo LED progresses to being a complete circle that one or more heating times have elapsed and where the one or more heating times are between a heater start time and the initialization heating time. [0154]),
see also [0136] which Monsees teaches heating time to operating temperature as quickly as possible, and [0141] which Monsees teaches the heating circuit being configured to cause the heater to reach a temperature in a suitable heat up period.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Monsees (US 20160262459 A1), Reevell (US 10932495 B2), and Lin (US20200323273A1), as applied to claim 1 above, and further in view of Ampolini (US 9423152B2).
Regarding Claim 11, modified Monsees teaches all of the claim limitations as set forth above. Monsees teaches a battery [0132],
the control circuitry is configured to measure the power supplied by the battery (for the purposes of compact prosecution power supplied by the battery is being interpreted as power level of the battery, see [0132], Monsees teaches the device conserves battery power by running at temperatures below the use temperature and rapidly approaching the use temperature when the device is being used.
However, Monsees fails to explicitly disclose at least one of the one or more rules comprises a plurality of heat-up rates each corresponding to a power level supplied by the battery, and the control circuitry is configured to select one of the plurality of heat-up rates based on a measurement of the power supplied by the battery.
Ampolini teaches a similar battery powered aerosol generating device with a heater and control circuitry (see FIG 1) and teaches at least one of the one or more rules comprises a plurality of heat-up rates (turning device on and turning device off, see column 23 lines 15-25, see also FIG 4) each corresponding to a power level supplied by the battery (e.g., one power level supplied for being on and no power supplied when off, see column 21 lines 63-64), and
the control circuitry (controller 360, column 21 line 48) is configured to select one of the pluralities of heat-up rates based on a measurement of the power supplied by the battery (see column 21 lines 55-64), Ampolini teaches this suitable heating control ensures stable and accurate average power delivered at the heating component.
Therefore, it would be obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the device of Monsees to include the heating control of Ampolini to ensure stable and accurate power delivered at the heating component.
Claim 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Monsees (US20160262459A1), Reevell (US 10932495 B2), and Lin (US20200323273A1), as applied to claim 16 above and further in view of Bowen (US 20180093054 A1)
Regarding Claim 17 modified Monsees teaches all of the claim limitations as set forth above.
Additionally, Monsees teaches the halo LED indicator [0154] that is a partial circle in FIG 11A and a full circle in FIG 11B.
However, Monsees is silent to whether the halo LED indicator is a continuous LED with something blocking portions of the LED or if the Halo LED of Monsees includes a plurality of LEDs.
Bowen teaches the vaporizer can include multiple LEDs [0188] that allows the user to personalize the indicator patterns to the device and teaches this has the benefit of allowing the user to feel the device is more personalized and this may have enhanced utility as it may make it easy to identify which vaporizer belongs to a particular user. [0188].
Therefore, it would be obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the halo LED of Monsees to include multiple LED’s that allows the user to personalize the device to make it easy to identify which vaporizer belongs to a particular user.
Regarding Claim 18 modified Monsees teaches all of the claim limitations as set forth above.
Monsees fails to teach the plurality of intermediate heating times span a time period of more than 15 seconds.
However, Atkins teaches the plurality of intermediate heating times span a time period of more than 15 seconds. Atkins teaches appropriate periods of time for a target temperature to be maintained, known in the art before the filing date of the claimed invention. Atkins teaches the time for reaching vaporization once the pre-determined threshold temperature is reached is a period of less than 30 seconds [0047]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that a period of less than 30 seconds overlaps with a period of more than 15 seconds. In the case where claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05 (I).
Claims 3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Monsees (US20160262459A1), Reevell (US 10932495 B2), and Lin (US20200323273A1), as applied to claims 2 and claim 1 respectively, and further in view of Atkins (WO2018027189A2)
Regarding Claim 3, Monsees teaches all of the claim limitations as set forth above. Additionally, Monsees teaches the first rule further comprises: operating the at least one indicator when the first use temperature has been maintained to signal the device is ready for use (e.g, if target temperature reached, LED turns green, [0154]).
However, Monsees fails to explicitly disclose that period is a period of 10 to 60 seconds. Monsees further fails to disclose the duration of appropriate periods of time that the temperature would have been maintained before providing the indicator.
Thus a person of ordinary skill in the art would have been motivated to search the known art for appropriate periods of time for a target temperature to be maintained, or predetermined time period, before indicating the device is ready for use.
However, Atkins teaches appropriate periods of time for a target temperature to be maintained, known in the art before the filing date of the claimed invention. Atkins teaches the time for reaching vaporization once the pre-determined threshold temperature is reached is a period of less than 30 seconds [0047]. Atkins also teaches that the temperature must be maintained for the predetermined period of time to “give the heating element sufficient time to reach the vaporization temperature [0073]” and by extension to “heat the vaporizable material when the user takes a puff [0074]”.
Therefore, it would have been obvious for a person of ordinary skill in the art before the filing date of the claimed invention to modify the smoking article of Monsees with the smoking article of Atkins because both Monsees and Atkins are directed to smoking articles with indicators that indicate when the smoking article is ready for use. Monsees is silent in regards to suitable periods of time that the first use temperature has been maintained before signaling when the device is ready for use and one of ordinary skill in the art would be motivated to look to a similar reference to find suitable periods of time that the first use temperature should be maintained to signal the device is ready for use. Atkins teaches known time periods for maintaining the first use temperature before indicating the device is ready to use. (e.g., less than 30 seconds [0047]), which overlaps with the claimed range. In the case where claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05 (I).
Regarding Claim 19, modified Monsees teaches the claim limitations as set forth above.
Monsees teaches a use or operating temperature of 165 °C. However, Monsees fails to explicitly disclose the first start temperature and the second start temperature are at least 100 °C lower than the use temperature.
Atkins teaches a similar smoking device with heating coils and startup curves for heating and teaches a heating coil can remain at a first startup temperature of ambient temperature and teaches a heating coil can be at a second start temperature or second standby temperature of between 50 and 70 °C [0063], which are at least 100 °C lower than the use temperature. Atkins teaches this heating control mechanism provides the advantage of being less affected by particulate or residual deposits [0024], as may commonly occur in heating control mechanisms of vaporizers.
Therefore, with an ambient (first start) temperature of 25 °C and a standby (second start) temperature of 50-70 °C, Atkins teaches the first and second standby temperatures are at least 115 °C - 95 °C lower than the use temperature which overlaps with the claimed range of the first and second standby temperatures are at least 100 °C lower than the use temperature. In the case where claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05 (I).
It would be obvious to a person of ordinary skill in the art to modify the device of Monsees with the heater control of Atkins, to provide the advantage of being less affected by particulate or residual deposits, as may commonly occur in heating control mechanisms of vaporizers [0024].
Response to Arguments
Applicant's arguments, see Applicant Arguments/Remarks, filed 11-13-2025 with respect to the 35 USC 103 rejections along with the claim amendments, have been fully considered and are found persuasive. Therefore, the rejection has been withdrawn. However, a new rejection is set forth in view of Monsees and Lin as set forth above.
Conclusion
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/M.T.F./
Examiner, Art Unit 1747
/RUSSELL E SPARKS/Primary Examiner, Art Unit 1755