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 .
Response to Submission
Applicant’s submission filed on 2026 June 5 has been entered. Claims 1-2 and 5-15 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 5-7, and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Talon (US 20140345606 A1 cited on an IDS).
Claim 1: Talon teaches a control method (fig. 4 and [72]) for an aerosol generation apparatus, wherein the aerosol generation apparatus (fig. 1 and [55-56], #100) comprises a heater (20) for heating an aerosol generation substrate (2) to generate an aerosol, and the method comprises:
determining total energy generated by heating the heater (fig. 4 and [72], energy supplied since the device was switched on) within a preset time (fixed time per decision, e.g., 10 seconds), and
performing dry-burning detection according to the total energy generated by heating the heater ([72], if normalized energy is lower than the threshold, then the device detects that no substrate is present, i.e., that the heater has been dry-burning; [44-45], the normalized energy can instead be a cumulative energy per decision) within the preset time ([72], fixed time per decision), the dry-burning being a state when a cigarette (fig. 1 and [55], #2 can be a cigarette) is not inserted into the aerosol generation apparatus (100) and the heater (20) is generating heat (the heater heats during the fixed time),
wherein the preset time (fixed time per decision) comprises a duration of a heating phase ([69], phase during which heater reaches a target temperature), and is greater than or equal to the duration of the heating phase (phase during which heater reaches a target temperature), and the heating phase (phase during which heater reaches a target temperature) is a phase in which temperature of the heater is controlled to rise from an initial temperature to a preset target temperature (target temperature);
wherein the preset time (fixed time per decision) is divided into one or more heating time periods (rounds) according to heating power of the heater (each round corresponds to energy generated by the heater);
and wherein the determining total energy generated by heating the heater within a preset time (fixed time per decision) comprises:
determining energy generated by heating the heater (energy per round) in each heating time period (round) according to the heating power of the heater ([44-45], energy can be measured by power per round or rounds) corresponding to each heating time period ([72], round) within the preset time (fixed time per decision);
and obtaining the total energy generated by heating the heater (energy supplied since the device was switched on) within the preset time (fixed time per decision) according to the energy generated by heating of the heater within each heating time period (energy supplied per round).
Claim 2: Talon teaches the method according to claim 1, wherein the preset time (fig. 4 and [72], fixed time per decision) is less than or equal to a preheating time ([69], time during which the heater reaches a target temperature + phase during which the target temperature is maintained) of the heater.
“Preheating time” is interpreted to include the meaning of “time during which a heater reaches a target temperature + phase during which the target temperature is maintained”, consistent with applicant fig. 3 and [applicant 44] disclosing that a preheating time is a time during which a heater reaches a target temperature (t0 to t1) + a time during which the target temperature is maintained (t1 to t2).
Claim 5: Talon teaches the method according to claim 1, wherein the performing dry-burning detection (fig. 4 and [72]) comprises: comparing the energy generated by heating the heater (energy supplied since the device was switched on) within the preset time (fixed time per decision) with a preset energy threshold (threshold), and if the energy generated by heating of the heater within the preset time (fixed time per decision) is less than the preset energy threshold (threshold), determining that dry-burning occurs (if normalized/cumulative energy is lower than the threshold, then the device detects that no substrate is present, i.e., that the heater has been dry-burning); and otherwise (if normalized/cumulative energy is higher than the threshold, then the device detects that a substrate is present, i.e., that the heater has been substrate-burning), determining that no dry-burning occurs.
Claim 6: Talon teaches the method according to claim 5, wherein when it is determined that dry-burning occurs (fig. 4 and [72], if normalized/cumulative energy is less than the threshold, then the device detects that no substrate is present, i.e., that the heater has been dry-burning), the heater is controlled to stop heating (the controller prevents supply of power to the heater).
Claim 7: Talon teaches the method according to claim 2, wherein the preheating time ([69], time during which the heater reaches a target temperature + phase during which the target temperature is maintained) of the heater is a sum of duration of a heating phase (time during which the heater reaches a target temperature) and duration of a heat preservation phase (phase during which the target temperature is maintained), wherein the heat preservation phase (phase during which the target temperature is maintained) is a phase in which the temperature of the heater is controlled to be maintained at the preset target temperature (target temperature).
Claim 12: Talon teaches the method according to claim 2, wherein the preheating time (fig. 3 and [69], time during which the heater reaches a target temperature + phase during which the target temperature is maintained) of the heater is exemplified at around 16s (endpoint of #60).
Claim 13: Talon teaches an aerosol generation apparatus (fig. 1 and [55-56], #100), wherein the aerosol generation apparatus comprises a heater (20) and a controller (30), the heater (20) is configured to heat an aerosol generation substrate (2) to generate an aerosol, and the controller (30) is configured to execute the control method for an aerosol generation apparatus (100) according to claim 1.
Claim 14: Talon teaches the method according to claim 2, wherein the performing dry-burning detection (fig. 4 and [72]) comprises: comparing the energy generated by heating the heater (energy supplied since the device was switched on) within the preset time (fixed time per decision) with a preset energy threshold (threshold), and if the energy generated by heating of the heater within the preset time (fixed time per decision) is less than the preset energy threshold (threshold), determining that dry-burning occurs (if normalized/cumulative energy is lower than the threshold, then the device detects that no substrate is present, i.e., that the heater has been dry-burning); and otherwise (if normalized/cumulative energy is higher than the threshold, then the device detects that a substrate is present, i.e., that the heater has been substrate-burning), determining that no dry-burning occurs.
Claim 15: Talon teaches the method according to claim 14, wherein when it is determined that dry-burning occurs (fig. 4 and [72], if normalized/cumulative energy is less than the threshold, then the device detects that no substrate is present, i.e., that the heater has been dry-burning), the heater is controlled to stop heating (the controller prevents supply of power to the heater).
Claim Rejections - 35 USC § 103
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.
Claims 8 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Talon (US 20140345606 A1 cited on an IDS) as applied to claim 7 in view of Blandino (US 20220183377 A1).
Claim 8: Talon teaches the method according to claim 7, further comprising: in the heating phase ([69], time during which the heater reaches a target temperature), controlling the heater to perform heating with a first heating power ([70], high power); and in the heat preservation phase (phase during which the target temperature is maintained), controlling the heater to perform heating with a second heating power (decreased power), and adjusting the second heating power (decreased power) according to the preset target temperature (target temperature), wherein the second heating power (decreased power) is less than the first heating power (high power).
Talon does not explicitly teach that the adjusting is linear.
Blandino teaches a control method for an aerosol generation apparatus (title) comprising linearly adjusting a power ([235], adjusting by predetermined steps) according to a preset target power (target power), such that a target temperature can be maintained in an efficient manner [246].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use, as Talon’s generic adjusting of a first power, Blandino’s specific linear adjusting of a power, because doing so would maintain a target temperature in an efficient manner.
Claims 10-11: modified Talon teaches the method according to claim 8, wherein the linearly adjusting the second heating power according to the preset target temperature [69-70] comprises: determining a real-time resistance of the heater ([64], the device measures heater resistance), and determining a real-time temperature of the heater according to the real-time resistance of the heater ([67], the device converts heater resistance to heater temperature); when the real-time temperature of the heater is less than the preset target temperature, increasing the second heating power [67]; and when the real-time temperature of the heater is greater than the preset target temperature, decreasing the second heating power [67].
Modified Talon does not explicitly teach that the second heating power is increased by a first preset step value or decreased by a second preset step value, wherein the first preset step value and the second preset step value are the same.
Blandino teaches a control method for an aerosol generation apparatus (title) comprising increasing or decreasing a power of a heater by a preset value [235], such that the heater can be maintained at a target temperature in an efficient manner [246].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use, as Talon’s generic adjusting of a second power, Blandino’s specific stepwise adjusting of a power, because doing so would maintain a target temperature in an efficient manner.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Talon (US 20140345606 A1 cited on an IDS) in view of Blandino (US 20220183377 A1) as applied to claim 8 in further view of Nakano (US 20190133198 A1).
Claim 9: modified Talon teaches the method according to claim 8, wherein the controlling the heater to perform heating with the first heating power [69-70] comprises: determining a real-time resistance of the heater ([64], the controller measures resistance); determining a real-time temperature supplied to the heater according to the real-time resistance of the heater and the first heating power ([67], the control converts resistance into temperature); and adjusting an energy supplied to the heater (energy is adjusted).
Modified Talon does not explicitly teach determining a real-time voltage according to the real-time resistance and the first heating power, and adjusting a voltage supplied to the heater to the real-time voltage.
Nakano teaches a control method for an aerosol generation apparatus (title) comprising determining a voltage according to a resistance and a power ([118-119], ET = D(V2/R)T, so V = (ETR/DT)0.5 = (PR/D)0.5, wherein D is a correction term), and adjusting a voltage supplied to a heater to the determined voltage [120], such that heating generates equalized amounts of aerosol [119] and flavor [129] for a user.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Talon’s generic adjusting of a first power, Nakano’s specific calculating and adjusting of a first voltage, because doing so would enable heating to generate equalized amounts of aerosol and flavor for a user.
Response to Arguments
Applicant’s arguments of 2026 June 5 have been carefully considered but are not persuasive.
Applicant argues (p. 8) that Talon determines total energy only at a final round (Talon fig. 4 and [72], decision round), rather than at each round. However, determining total energy at the final round requires determining energy at each prior round. [Talon 72] originally cited by the examiner describes normalized energy as “the energy supplied since the device was switched on divided by the product of the initial energy and the decision round number” which means that “the energy supplied since the device was switched on” is a total energy. Furthermore, [Talon 9-10 and 44-45] originally cited by the examiner disclose that the normalized energy exemplified in [Talon 72] can instead be a cumulative energy over a number of rounds (measurement cycles).
Talon teaches determining energy generated in each heating time period (round) contained in a preset time (fixed time per decision) in order to perform dry-burning detection (whether a substrate is present during heating).
Talon’s facts cited in the non-final rejection of 2026 February 6 show anticipation, as Talon’s exemplified normalized energy (Talon fig. 4 and [72]) can instead be a cumulative energy [Talon 9-10 and 44-45]. See MPEP 1207.03(a)(II)(2).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached on 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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