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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/20/2026 has been entered.
Response to Amendment
Amendment filed 1/20/2026 has been entered and fully considered. Claims 1-13 and 15 are pending. Claims 14 is cancelled. Claim 1 is amended. Claims 13 and 15 are withdrawn. No new matter is added.
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive.
Applicant argues that the second duration has been defined within the claim. It is now required to have the second pre-determined duration to be larger than the first pre-determined duration. This is not disclosed by FLICK, and the claimed relationship is no longer anticipated.
Examiner agrees that the anticipation rejection is overcome. However, the newly added limitations were not previously presented and will be addressed hereinafter.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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Claim(s) 1-5 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over FLICK (US 2014/0299141) in view of REEVELL (US 2017/0245551).
With respect to claim 1, FLICK discloses a method for controlling an aerosol generating system (Abstract), the device comprising a heater, 119, (Paragraphs [0062], [0030]) configured to heat an aerosol-forming substrate. The aerosol forming substrate may be a liquid within a porous carrier, such as a foamed material (Paragraphs [0037]-[0042]), and may contain tobacco-containing materials (Paragraph [0042]).
The “configured to heat an aerosol forming matrix” is a recitation of intended use of the heater. Thus, a “matrix”, per se, isn’t necessarily required by the claimed. The heater of FLICK is configure to heat a liquid containing tobacco-containing materials, which are described as “matrix” materials in the instant application (See published paragraph [0025]), and therefore the heater of FLICK is capable of heating such materials.
The method of FLICK comprises controlling (Paragraphs [0077]-[0080]) the heater to rise from an initial temperature (about 25 C, as shown in Figures 2 and 3) to a first pre-determined temperature (Paragraphs [0068]-[0074]; Figures 2 and 3), and controlling the heater to maintain said pre-determined temperature for a predetermined duration.
The predetermined duration shown in figures 2 and 3. Specifically, the line of graph between the vertical hash marks extends from 0.2 seconds to 1.6 seconds. Thus the pre-determined duration of maintaining the pre-determined temperature is 1.4 seconds.
As further seen in figures 2 and 3, the sum of the duration of the heater to rise from the initial temperature to the first pre-determined temperature is 1.6 seconds. After the duration of holding the predetermined temperature, the heating element adjusted to reduce the temperature (Paragraph [0069] and [0075]).
FLICK does not explicitly disclose that the reduced temperature stage (e.g., second pre-determined duration) is greater than the first pre-determined duration. REEVELL discloses an aerosol generating system (Abstract) that comprises a first cooling time after a first heating time (Paragraphs [0008]-[0012]) during which the temperature can be measured and is directly related to the wicking rate of the liquid (Paragraph [0046]) and allows the liquid level to be determined (Paragraph [0119] and [0121]). The cooling duration is between 0.2 and 2 seconds (Paragraph [0017]).
It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to have a cooling duration of FLICK be between 0.2 and 2 seconds, as taught by REEVELL so that the temperature thereof can be measured and the fluid level determined.
With a cooling duration (e.g., second pre-determined duration) of between 0.2 and 2 seconds, and more specifically a cooling duration of 1.5 seconds, the claimed relationship is met.
Specifically, a second predetermined duration of 1.5 seconds is greater than the first predetermined duration of FLICK of 1.4 seconds, and the sum (1.6 seconds) of the duration of temperature rise (0.2 seconds) and first predetermined temperature (1.4 seconds) is greater than the second predetermined duration (1.5 seconds).
With respect to claim 2, FLICK disclosers measuring the voltages around the heater as the system is being used (e.g., real-time measuring) to then calculate the temperature of the heater (Paragraphs [0078]-[0087]). A separate temperature sensor can also provide temperature information (Paragraph [0087]). The resistance values can be in a look-up table that the controller compares to determine temperature (Paragraph [0080]). Thus, the real-time temperature is measured and acquired, either through measuring with a temperature sensor or through calculation based on resistance and voltage values, and then compared to the look-up table of the temperatures such as the first-predetermined temperature to obtain the desired hold temperature. The predetermined time interval is all intervals during heating.
With respect to claim 3, FLICK disclosers measuring the voltages using a resistor (temperature detection device) around the heater as the system is being used (e.g., real-time measuring) to then calculate the temperature of the heater (Paragraphs [0078]-[0087]). A separate temperature sensor (temperature detection device) can also provide temperature information (Paragraph [0087]).
With respect to claim 4, FLICK discloses that the time intervals during use, and measuring, is between 0 and at least 1.6 seconds (e.g., between 0 and 1600 milliseconds) (Figures 2 and 3).
With respect to claim 5, FLICK discloses controlling the heater to heat at a maximum power (e.g., predetermined power) so that the heater rises from the initial temperature to the first pre-determined temperature (Paragraph [0018]).
With respect to claim 7, FLICK disclosers measuring the voltages using a resistor (temperature detection device) around the heater as the system is being used (e.g., real-time measuring) to then calculate the temperature of the heater (Paragraphs [0078]-[0087]). A separate temperature sensor (temperature detection device) can also provide temperature information (Paragraph [0087]). Thus, in the event that the first pre-determined temperature is not reached (e.g., judging through measuring), no prompt is needed. Specifically, the sum of the duration (as outlined in the rejection of claim 1) would be less than the second duration, since the heater has not reached operation temperature. The claim does not require any further action of the “if” clause is not met.
With respect to claim 8, Thus, in the event that the first pre-determined temperature is not reached (e.g., judging through measuring), no third pre-determined duration is needed. Specifically, the sum of the duration (as outlined in the rejection of claim 1) would be less than the second duration, since the heater has not reached operation temperature. The claim does not require any further action of the “if” clause is not met.
With respect to claim 9, FLICK discloses controlling the heater to heat at a maximum power (e.g., predetermined power) so that the heater rises from the initial temperature to the first pre-determined temperature (Paragraph [0018]).
With respect to claim 10, under the instance that the “if” condition is not met in claim 8, there is no predetermined third duration necessary.
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Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over FLICK (US 2014/0299141) in view of REEVELL (US 2017/0245551) as applied to claims 1-5 and 7-10 above, and further in view of ALARCON et al. (US 2011/0265806).
With respect to claim 6, modified FLICK disclosers measuring the voltages around the heater as the system is being used (e.g., real-time measuring) to then calculate the temperature of the heater (FLICK ; Paragraphs [0078]-[0087]). A separate temperature sensor can also provide temperature information (FLICK ; Paragraph [0087]). The heater resistance is also determined (FLICK ; Paragraph [0021], [0027], [0061]). modified FLICK does not explicitly disclose adjusting the voltage to the heater based on these measurements.
ALARCON et al. discloses an electronic smoking device (Abstract) wherein the resistance of the heater is measured and the voltage level heating parameter is adjusted so as to produce more consistent unit-to-unit heating temperatures (Paragraph [0060]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to measure the resistance as taught by modified FLICK, and then to adjust the voltage to achieve the desired temperatures, as taught by ALARCON et al. so as to produce more consistent unit-to-unit heating temperatures
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Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over FLICK (US 2014/0299141) in view of REEVELL (US 2017/0245551) as applied to claims 1-5 and 7-10 above, and further in view of AMPOLINI et al. (US 2014/0270727).
With respect to claim 11, modified FLICK does not explicitly disclose the claimed temperature range. AMPOLINI et al. discloses a heating control arrangement for an electronic smoking article (Abstract). In order to volatize an appropriate amount of aerosol, the heating temperature is 250 C (Paragraph [0038]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to heat at the pre-determined temperature of modified FLICK at 250 C, as taught by AMPOLINI et al. so that the appropriate amount of aerosol is produced.
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Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over FLICK (US 2014/0299141) in view of REEVELL (US 2017/0245551) as applied to claims 1-5 and 7-10 above, and further in view of DOYLE (US 10,653,187).
With respect to claim 12, FLICK discloses that the inhalation time is typically about 2 seconds (Paragraph [0068]). However, some users take long but slow inhalations (Paragraph [0016]). The courts have generally held that "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See, In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 214405, II. Moreover, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. See, Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). MPEP 2144.05.
In the instant case it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to have a first pre-determined duration of between 7 and 15 seconds so that the aerosol can be generated during the entire duration of a user’s long and slow inhalation.
Modified FLICK does not explicitly disclose that the cooling duration is between 15 and 30 seconds. DOYLE discloses a thermal profile control for an electronic vaporizer (Abstract; Title). The thermal profile includes a heating and cooling profiled that is programmed (Column 6, lines 30-55; Column 8, lines 10-40) such that durations of various parts of the temperature profile can be modified as desired by the user (Column 9, lines 5-45; Column 10, lines 1-25). This allows the user to have consistent and common vaporizing experiences (Column 10, lines 30-45). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention to provide the user with an ability to program each stage duration of the temperature profile of modified FLICK, as taught by DOYLE so that the user is provided with a consistent vaporizing experience.
The courts have generally held that "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See, In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 214405, II. Moreover, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. See, Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). MPEP 2144.05.
In the instant case, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide control over the cooling duration (e.g., second predetermined duration) of modified FLICK, to include a duration of 15.1 seconds, so that the vapor is more satisfying to the user (DOYLE; Column 7, lines 15-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745