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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/15/2025 has been entered.
Status of the Claims
This office action is in response to Applicant’s amendment filed on 12/15/2025.
Claims 1-13 are pending and are subject to this Office Action.
Claims 1-3 and 6 are amended.
Response to Amendments
The Examiner withdraws the objection to claim 6 for informalities due to amendments to the claims filed 12/15/2025.
Response to Arguments
Applicant’s arguments, see pages 5-8, filed 05/12/2025, with respect to the 103 rejection of claim 1 have been fully considered but they are not persuasive. Claim 1 has been amended to include limitations directed to identification by the microcontroller of an object in the heating cavity not previously presented. Prior art of record Chan does not explicitly teach that the microcontroller is configured to “identify an object in the heating cavity as a foreign object in response that the first detection signal is not recognized as detecting the object and the second detection signal is recognized as detecting the object” as newly required by claim 1. However, upon further review, Chan still makes obvious the claimed invention.
The following is a modified rejection based on Applicant’s amendments 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 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 1-4 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Chan (WO 2019185748 A1) or, in the alternative, over Chan in view of Choe (CN 110612034 A; hereinafter referring to the English translation provided).
Regarding claim 1, Chan teaches a smoking set (Fig. 1 and Fig. 3, apparatus 100; page 4), comprising
a heating cavity (heating chamber 112; page 4, lines 21-23) and
a heater (heater arrangement 120; page 5, lines 6-8), the heater being configured to heat a smoking article (replaceable article 102) removably placed in the heating cavity via an opening of the heating cavity to generate aerosol for inhalation (page 3, line 22-page 4, line 13), the heating cavity being configured to extend from the opening toward an end of the heating cavity along an extension direction of the heating cavity so that the smoking article extends in the heating cavity between the opening and the end of the heating cavity when the smoking article is inserted in the heating cavity (Fig. 3);
a first detection module (first sensor 122a; page 6, lines 5-9), being configured to detect whether an object exists at a first position in the heating cavity (page 8, lines 24-25) to output a first detection signal (page 13, lines 1-2);
a second detection module (second sensor 122b; page 6, lines 5-9), being configured to detect whether an object exists at a second position in the heating cavity (page 11, lines 1-18) to output a second detection signal (page 13, lines 16-18);
a microcontroller (electrical control circuitry or controller 116; page 6), being configured to:
acquire the first detection signal and the second detection signal (page 6, lines 11-12);
identify an object in the heating cavity as the smoking article disposed in place in response that the first detection signal is recognized as detecting the object and the second detection signal is recognized as detecting the object (page 7, lines 20-30; page 11, lines 1-18; page 13, lines 1-5; page 17, lines 17-21).
Identify an object in the heating cavity as the smoking article being not disposed in place in response that the first detection signal is recognized as detecting the object and the second detection signal is not recognized as detecting the object (page 7, lines 20-30; page 11, lines 1-18; page 13, lines 1-5; page 17, lines 17-21);
Identify an object in the heating cavity as no object being placed in the heating cavity in response that the first detection signal is not recognized as detecting the object and the second detection signal is not recognized as detecting the object (page 7, lines 20-30; page 11, lines 1-18; page 13, lines 1-5; page 17, lines 17-21; if the first detection signal does not detect the object, the second detection signal will not be activated, and will therefore also not be recognized as detecting the object).
Chan does not explicitly require (I) that the first detection module is disposed at the opening of the heating cavity or that the second detection module is disposed at the end of the heating cavity or (II) that the microcontroller is configured to identify an object in the heating cavity as a foreign object in response that the first detection signal is not recognized as detecting the object and the second detection signal is recognized as detecting the object.
Regarding (I), before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chan by positioning the first detection module at the opening and the second detection module at the end of the heating chamber, as this may help adjust for different configurations, features and sizes of smoking article and ensure that the smoking article is fully inserted into the cavity, one having ordinary skill would recognize that the rearrangement of sensors to be placed at the opening and end of the heating chamber would merely be a matter of design choice, and this involves substituting one alternative sensor arrangement for another to yield predictable results.
Furthermore, rearrangement of parts, such as the repositioning of sensors within the heating chamber, is prima facie obvious when the rearrangement does not modify the operation of the device. See MPEP § 2144.04 (VI)(B).
In the alternative, Chan does not specify that the controller 116 is a microcontroller. Choe, directed to directed to an aerosol generating device capable of detecting a cigarette, teaches a control unit 1110 that may be a microcontroller (page 16, ¶ 4).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chan by using a microcontroller as taught by Choe because both Chan and Choe are directed to aerosol generating devices capable of detecting a cigarette, Choe teaches that it is known in the art to use microcontrollers as controllers in aerosol generating devices, and this merely involves applying a known teaching to a similar device with a reasonable expectation of success. Furthermore, one with ordinary skill in the art would expect a controller in an electronic device to be a microcontroller.
Regarding (II), Chan teaches that the microcontroller is configured to identify an object in the heating cavity as the smoking article being not disposed in place in response that the first detection signal is recognized as detecting the object and the second detection signal is not recognized as detecting the object (page 7, lines 20-30; page 11, lines 1-18; page 13, lines 1-5; page 17, lines 17-21). Thus, Chan teaches that if only one sensor is recognized as detecting the object, it is identified that the smoking article is not disposed in place.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chan by configuring the monitor to be able to swap the first and second sensors such that the microcontroller may identify an object in the heating cavity as a foreign object in response that the first detection signal is not recognized as detecting the object and the second detection signal is recognized as detecting the object, as one having ordinary skill in the art would recognize that this would allow for detection of a foreign object that aligns with the second sensor but not the first, thus better protecting/securing the device, and this involves applying a known detection configuration to the same device to yield predictable results.
Regarding claim 2, Chan teaches that the microcontroller is further configured to: control the heater to be turned off when the object in the heating cavity is a foreign body (page 17, lines 23-25; page 20, lines 8-11 and 17-21), or when the object in the heating cavity is a smoking article but the smoking article is not inserted in place in the heating cavity (page 11, lines 10-16), or when there is no object in the heating cavity (heater cannot activate without the detection of an object in the cavity; page 6, lines 11-12).
Regarding claim 3, Chan teaches that the microcontroller is further configured to: generate prompt information when the object in the heating cavity is the foreign body, or when the object in the heating cavity is the smoking article but the smoking article is not inserted in place in the heating cavity, or when there is no object in the heating cavity (page 17, lines 25-29 describe an indication that is provided to the user when a smoking article is not recognized. Lack of recognition could be due to the presence of a foreign body, misplacement, or no object being present); the smoking set further comprises: a prompt module (indication may be visual, such as a light, or audible output; page 17, lines 23-29), being configured to receive the prompt information and prompt the user that there is an abnormality.
Regarding claim 4, Chan teaches that the microcontroller is further configured to: control the heater to start heating when the object in the heating cavity is a smoking article and the smoking article has been inserted in place in the heating cavity (page 20, lines 8-11).
Regarding claim 9, Chan teaches that the first position (sensor 122a) and the second position (sensor 122b) are spaced apart along the aerosol flow direction in the heating cavity (Fig. 3, wherein the aerosol will flow through the heating cavity 112 in the direction of opening 106 (page 5, lines 2-4)), and the first position is located downstream of the aerosol flow direction and the second position is located upstream of the aerosol flow direction (illustrated in Fig. 3).
Regarding claim 10, Chan teaches that both the first detection module and the second detection module are selected from the group consisting of sensor devices with varying resistance values, signal transmitting and receiving devices, mechanical switch devices, metal elastic sheets, strain sensors, pressure sensors and ultrasonic sensors (page 10, lines 10-11 describe resistive sensors; page 10, lines 4-19 describe various sensors, including those that detect change in resistance values, and RF transmitting and receiving devices).
Regarding claim 11, Chan teaches that the first detection module 112a and the second detection module 112b are respectively disposed at two opposite sides of the cover member when the cover member is driven to cover the opening (Page 12, lines 27-32 teach that first sensor may be located on the housing of the smoking set. This would be considered to be on one side of the cover member when in the closed position. Page 12, lines 27-32 further teaches that the second sensor may be located within the cavity while the first sensor is located on the housing. This placement would satisfy the limitation to be located on an opposite side of the cover member when in the closed position).
Regarding claim 12, Chan teaches that the first detection module comprises a light emitting diode and a photosensor, which are arranged face to face along a transverse direction of the heating cavity perpendicularly to the extension direction of the heating cavity (page 15, lines 21-24; Fig. 6).
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chan and Choe as applied to claim 1 and 4 above, and further in view of Lin (WO 2019137560 A1; hereinafter referring to the English translation provided).
Regarding claim 5, Chan is silent to a method of deactivating the heater 120 after an article 102 has been smoked.
Lin, directed to an automatic smoking set (Fig. 1), teaches a controller (intelligent control circuit board 7 provided with main control chip; [0051]) that is configured to:
acquire a detection signal again ([0067]);
determine whether the smoking article still exists in the heating cavity according to the detection signal acquired again ([067]);
and control the heater to stop heating if the smoking article does not exist in the heating cavity ([0069]).
Lin teaches that this configuration lowers power consumption and increases the life of the smoking set (0035).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chan with the ability to stop heating as taught by Lin, because both Chan and Lin are directed to aerosol generating devices capable of detecting a cigarette and controlling a heater, Lin teaches the ability to turn off the heater to lower power consumption and extend device lifetime, and this merely involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 6, 7, and 8, Chan teaches a cover member (cap 108), being disposed at the opening of the heating cavity, and being configured to being configured to cover or open the heating cavity (page 4, lines 14-17); and an input module (user-operable control element 110; page 4, lines 18-19; page 6, lines 12-14) to operate the apparatus when pressed.
Chan does not teach a driving module, being configured to receive the control of the microcontroller and drive the cover member to move to cover or open the heating cavity.
As claimed by claim 6, Lin teaches an automatic opening mechanism 5 comprising cover member (smoke inlet cover 52; [0050]), being configured to cover or open the heating cavity ([0050]), and a driving module (drive motor 51; [0050]), being configured to receive the control of the microcontroller and drive the cover member to move to cover or open the heating cavity ([0014], [0035]).
As claimed by claim 7, Lin further teaches that this mechanism is operated through an input module (button 2), being configured to receive an opening instruction input by a user to generate an opening signal ([0060]), or receive a closing instruction input by a user to generate a closing signal ([0073-0074]); the microcontroller (main control chip) is further configured to:
receive the opening signal ([0060]), and control the driving module to drive the cover member to move according to the opening signal so that the cover member opens the heating cavity ([0061]);
or receive the closing signal, and control the driving module to drive the cover member to move according to the closing signal so that the cover member covers the heating cavity ([0073-0074]).
As claimed by claim 8, Lin teaches that the microcontroller is configured to control the driving module to drive the cover member to move so that the cover member covers the heating cavity when there is no object in the heating cavity ([0073-0074]).
Lin teaches that the automatic cover opening and closing mechanism is convenient to use and prevents debris from falling into the heating chamber ([0035]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chan to further comprise a cover driving module and automatic mechanism such that the microcontroller is configured to receive a signal from the input module and accordingly operate the driving module and automatic mechanism, as taught by Lin, because both Chan and Lin are directed to aerosol generating devices with covers and input modules, Lin teaches that automatic functionality of a heating cover is more convenient and prevents debris from entering the heating chamber, and this merely involves applying a known teaching to a similar device to yield predictable results.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chan and Choe as applied to claim 1 above, and further in view of Watkins et al. (US 5934289 A).
Regarding claim 13, Chan does not explicitly teach that second detection module is a mechanical detection module so as to detect movement of the object along the extension direction of the heating cavity.
Watkins, directed to a smoking set (electronic smoking system 21; col. 4, lines 51-61) comprising a heating cavity, a heater (heater fixture 37; col. 4, lines 51-61) configured to heat a smoking article removably placed in the heating cavity (cigarette 23; col. 4, lines 51-61), a detection module (cigarette detector 116; col. 9, line 5-7), and a microcontroller (controller 41; col. 5, lines 1-4), teaches that a detection module may be a mechanical switch (col. 9, lines 33-37).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chan by making the second detection module a mechanical switch as taught by Watkins, such that the mechanical switch may detect movement of the object along the extension direction of the heating cavity (e.g., article insertion), because both Chan and Watkins are directed to smoking sets comprising detection modules, Watkins teaches that it is known in the art to use mechanical detection modules, and this involves substituting one alternative detection module for another to yield predictable results.
Conclusion
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/C.D./ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755