CTFR 17/917,841 CTFR 98649 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Status of the Claims Claims 1-20 are pending and are subject to this Office Action. Claims 6-20 are withdrawn. Claims 1 and 4 are amended. Response to Amendments The amendments to the claims filed on February 10, 2026 are acknowledged. Response to Arguments Applicant' s arguments, see pgs 8-13, filed February 10, 2026, with respect to the rejection(s) of claims 1-5 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 1 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “wherein the controller is further configured to: determine whether the aerosol generating device is defective, based on whether the greatest value of the magnitude of the current exceeds a threshold value: and when the aerosol generating device is normal as the greatest value of the magnitude of the current exceeds the threshold value, control the current to flow through the coil at the optimum frequency.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference. The following is a modified rejection based on amendments made to the claims. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Aoun (US 2020/0037402 A1) in view of Horrod (US 2022/0160045 A1) . Regarding Claim 1, Aoun, directed to aerosol generating devices ([0002]), teaches an aerosol generating device ([0046], Fig. 1; Aerosol generating device 150) comprising: a coil configured to generate a magnetic field by a current flowing through the coil ([0046], Fig. 1; Aerosol generating device 150 comprising an RLC resonance circuit 100 for inductive heating of an aerosol generating material 164 via a susceptor 116. [0054], Fig. 2a; Resonance circuit 100 comprises a resistor 104, a capacitor 106, and an inductor 108 connected in series. [0055], The inductive heating of the susceptor 116 is via an alternating magnetic field generated by the inductor 108. The alternating magnetic field generated by the inductor 108 is generated by an alternating current flowing through the inductor 108. The inductor 108 may be in the form of a coiled wire, for example a copper coil); and a controller configured to control the current ([0048], Fig. 1; Aerosol generating device 150 comprises a controller 114. The controller 114 is arranged to control the RLC resonance circuit 100 (including inductor 108). [0059], Controller 114 controls the H-Bridge 102 to provide an alternating current I in the RLC resonance circuit 100 at a given drive frequency f.), wherein the controller is further configured to: change a frequency of the current flowing through the coil within a pre-set driving frequency range ([0067], Fig. 2A; In order to determine the resonant frequency of the circuit 100, the controller 114 is arranged to measure a frequency response 300 of the RLC resonance circuit 100. For example, the controller may be arranged to measure an electrical property of the RLC circuit 100 as a function of the driving frequency f at which the RLC circuit is driven. The controller 114 may be arranged to control the H-bridge 104 to scan through a range of drive frequencies f over a period of time. [0069], the electrical property may be indicative of a current induced into a sense coil 120a by the inductor 108 of the RLC circuit 100. The current flowing through the sense coil 120a is reflective of the current flowing through the inductor 108 (coil). [0061], FIG. 3a illustrates schematically a frequency response 300 of the resonance circuit 100 as a plot of the current I flowing in the circuit 100 (specifically inductor 108) as a function of the drive frequency f at which the circuit is driven); search for an optimum frequency at which a magnitude of the current flowing through the coil has a greatest value ([0067], [0069], Fig. 2A; In order to determine the resonant frequency of the circuit 100, the controller 114 control the H-bridge 104 to scan through a range of drive frequencies f. [0062], Fig. 2a, 3a; The resonance circuit 100 of FIG. 2a has a resonant frequency f.sub.r at which the circuit current I (current flowing through inductor 108) is at a maximum. Controller 114 therefore changes the frequency to determine when the current I is at a maximum to find the resonant frequency); and control the current to flow through the coil at the optimum frequency ([0091], the controller 114 receives an input, such as an activation signal. The activation signal may result from a user pushing a button (not shown) of the device 150 or from a puff detector (not shown), which is known per se. On receipt of the activation signal, the controller 114 may control the circuit 100 to be driven at the resonant frequency f.sub.r), but does not teach the aerosol generating device wherein the controller is further configured to: determine whether the aerosol generating device is defective, based on whether the greatest value of the magnitude of the current exceeds a threshold value: and when the aerosol generating device is normal as the greatest value of the magnitude of the current exceeds the threshold value, control the current to flow through the coil at the optimum frequency. Horrod, directed to aerosol generating devices ([0001]), teaches an aerosol generating device ([0060], Figs. 3-4; Non-combustible aerosol generating device 20) comprising: a coil configured to generate a magnetic field by a current flowing through the coil ([0061]-[0062], Fig. 4; The aerosol generating device 20B comprises a plurality of inductive elements 23a, 23b, and 23c. The inductive elements 23a-c may comprise a helical inductor coil. The inductive elements 23a- c may each form part of a resonant circuit, such as the resonant circuit 14; and [0004], a resonant circuit (such as an LC resonant circuit) comprising an inductive element for inductively heating a susceptor arrangement to heat an aerosol generating material to thereby generate an aerosol in a heating mode of operation); and a controller configured to control the current ([0061]-[0062], Fig. 4; The aerosol generating device 20B comprises a plurality of inductive elements 23a, 23b, and 23c. The inductive elements 23a-c may comprise a helical inductor coil. The inductive elements 23a-c may each form part of a resonant circuit, such as the resonant circuit 14; and [0081], The device 20B may comprise the system 10 of Fig. 2; and [0056], Fig. 2; System 10 comprises a power source in the form of a direct current (DC) voltage supply 11, a switching arrangement 13, a resonant circuit 14, a current sensor 15, a susceptor arrangement 16, and a processor 18 (controller); and [0081], the resonant circuit 14 (comprising the inductive elements 23a-c (coils) of the system 10 may be controlled by the processor 18 (controller). It is reasonably understood that if processor 18 controls all of resonant circuit, it is reasonably understood that the processor 18 controls the current flowing through the coils), wherein the controller is further configured to: determine whether the aerosol generating device is defective, based on whether the greatest value of the magnitude of the current exceeds a threshold value: and when the aerosol generating device is normal, control the current to flow through the coil at an optimum frequency ([0081], Fig. 7; the resonant circuit 14 of the system 10 may be controlled by the processor 18. At operation 62, a current flowing in an inductive element is measured by a current sensor. For example, a current flowing in one or more inductive elements of the resonant circuit 14 may be measured by the current sensor 15. At operation 63, one or more characteristics of the aerosol generating device and/or an apparatus for the aerosol generating device may be determined based, at least in part, on the measured current; and [0085], The one or more characteristics determined in the operation 63 may include one or more fault conditions (i.e. that the device is defective). The one or more fault conditions may be related to a faulty operation of the aerosol generating device. For example, the measured current level may indicate that one or more parts of the aerosol generating device may not be operating normally as expected, or may not be working at all; and [0086], The one or more characteristics determined in the operation 63 may include whether the measured current matches the current of a predefined susceptor arrangement (i.e. that the device is normal). The measured current value is compared to a range of expected current values (having a maximum threshold and minimum) and a decision made whether the measured current value lies within the range of expected current values (whether the current exceeds the maximum threshold). [0073], When the device is normal, processor 18 drives the resonant circuit 14 to cause current to flow at the resonant frequency of the circuit 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure to controller of Aoun to determine whether the aerosol generating device is defective, based on whether the greatest value of the magnitude of the current exceeds a threshold value: and when the aerosol generating device is normal, control the current to flow through the coil at an optimum frequency as taught by Horrod because Aoun and Horrod are directed to aerosol generating devices, Horrod demonstrates that controllers can be configured to determine whether a magnitude of the current flowing through the coil exceeds a threshold value to prevent faulty operation of the aerosol generating device if one of its parts are not operating normally (Horrod, [0110]-[0120]), and this involves combining prior art elements according to known methods to yield predictable results. Regarding Claim 4, Aoun in view of Horrod teaches the aerosol generating device of claim 1. Aoun further teaches the device wherein the controller is further configured to: based on an input with respect to a power button being sensed, control the current to flow through the coil at the optimum frequency ([0091], the controller 114 receives an input, such as an activation signal. The activation signal may result from a user pushing a button (not shown) of the device 150 or from a puff detector (not shown), which is known per se. On receipt of the activation signal, the controller 114 may control the circuit 100 to be driven at the resonant frequency f.sub.r) . 07-21-aia AIA Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Aoun (US 2020/0037402 A1) in view of Horrod (US 2022/0160045 A1) as applied to Claim 1, and further in view of Lahoud (US 2021/0178090 A1) . Regarding Claim 2, Aoun in view of Horrod teaches the aerosol generating device of claim 1. Aoun further teaches the device wherein the controller is further configured to sequentially change the frequency of the current from a minimum frequency within the pre-set driving frequency range ([0067], [0069], Fig. 2A; In order to determine the resonant frequency of the circuit 100, the controller 114 control the H-bridge 104 to scan through a range of drive frequencies f. [0062], Fig. 3a shows that this drive frequencies are scanned from a minimum frequency value to a maximum frequency value), but does not teach the device wherein the controller is further configured to sequentially change the frequency of the current in a pre-set unit. Lahoud, directed to aerosol generating devices ([0002], The mist inhaler devices is configured to atomize a liquid to generate an aerosol), teaches an aerosol generating device ([0208], Fig. 1; Mist inhaler 100) comprising: controller configured to sequentially change the frequency of a current in a pre-set unit ([0208], [0215], Fig. 1; Mist inhaler 100 comprises an integrated circuit 4. [0261], the integrated circuit 4 comprises a frequency controller which is configured to control the frequency at which the means of ultrasonic vibrations 5 operates. [0280], The frequency controller is configured to perform a sweep operation in which the frequency controller drives the transducer at frequencies which track progressively across a predetermined sweep frequency range. [0373]-[0380], The sweep frequency is sequentially incremented from a start sweep frequency to an end sweep frequency. Incrementation requires that the frequency is changed in a pre-set unit). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the device of Aoun in view of Horrod wherein the controller is further configured to sequentially change the frequency of the current in a pre-set unit as taught by Lahoud because Aoun, Horrod, and Lahoud are directed to aerosol generating devices, Aoun does not explicitly provide a technique for increasing the frequency of the current from a minimum frequency within the pre-set driving frequency range, Lahoud discloses a technique for increasing the frequency of the current from a minimum frequency within a range (Lahoud, [0378]), and the teaching in Lahoud would have motivated one of ordinary skill in the art to provide the device having the claimed properties . 07-21-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Aoun (US 2020/0037402 A1) in view of Horrod (US 2022/0160045 A1) as applied to Claim 1, and further in view of Borkovec (US 2020/0305506 A1) . Regarding Claim 3, Aoun in view of Horrod does not teach the aerosol generating device wherein the threshold value is 4 A. Borkovec, directed to aerosol generating devices ([0001]-[0002], The electronic smoking device generates an aerosol), teaches an aerosol generating device ([0026], Fig. 2; Electronic smoking device 100) comprising: a coil configured to generate heat by a current flowing through the coil ([0026], Fig. 2; Electronic smoking device 100 comprises an atomizer 26 including a heating coil 28. [0038], Fig. 3; A power supply element 60 is provided to power the electronic smoking device 100 (including heating coil 28) by supplying energy to the electronic smoking device 100), wherein a threshold value for the current flowing through the coil is 4 A ([0038], Figs. 2-3; The power supply element 60 is adapted to transfer electrical power to the heating coil 28 of electronic smoking device 100 via the first coupling element 41 with an electrical current preferably between 0.5 and 4 Amperes). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to set the threshold value at 4 A as taught by Borkovec because Aoun, Horrod, and Borkovec are directed to aerosol generating devices, Aoun and Horrod do not explicitly disclose a threshold value for the current flowing through the coil, Borkovec discloses a suitable threshold current value for a coil of an aerosol generating device (Borkovec, [0026], [0038], Figs. 2-3), and the teaching in Borkovec would have motivated one to provide the aerosol generating device having the claimed threshold value . 07-21-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Aoun (US 2020/0037402 A1) in view of Horrod (US 2022/0160045 A1) as applied to Claim 1, and further in view of Minami (US 2021/0022406 A1) . Regarding Claim 5, Aoun in view of Horrod teaches the aerosol generating device of claim 1. Aoun further teaches the device wherein the controller is further configured to determine a resonant frequency based on pieces of hardware included in the aerosol generating device ([0064], the controller 114 is arranged to determine the resonant frequency f.sub.r of the circuit 100, by looking up the resonant frequency f.sub.r, for example from a memory (not shown). For example, the resonant frequency f.sub.r of the circuit 100 may be calculated or measured or otherwise determined in advance and pre-stored in the memory (not shown). [0097], Controller 114 comprises a processor and a storage medium storing instructions which are executable by the processor. The controller 114 therefore is capable of determining a resonant frequency by looking up the frequency from based on pieces of hardware included in the aerosol generating device (the processor and storage medium). [0065], Further, the calculations of a resonant frequency of a resonant circuit are dependent on the capacitance of the capacitor and the inductance of the inductor (pieces of hardware)), but does not teach the device wherein the controller is further configured to determine the pre-set driving frequency range based on pieces of hardware included in the aerosol generating device. Minami, directed to aerosol generating devices ([0007], The inhaler is configured to atomize a liquid to generate an aerosol), teaches an aerosol generating device ([0178], Fig. 1; Inhaler 1) comprising: a controller configured to determine a pre-set driving frequency range based on a resonant frequency ([0073], [0525], Figs. 1 and 80C; Inhaler comprises controller 400. Inhaler further comprises a memory unit for storing a correspondence between a resonant frequency and a frequency range and the controller is configured to determine the frequency range based on the monitored resonant frequency and the correspondence). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the device of Aoun in view of Horrod wherein the controller is configured to determine a pre-set driving frequency range based on the resonant frequency as determined in Aoun, [0064] because Aoun, Horrod, and Minami are directed to aerosol generating devices, Minami demonstrates that a suitable pre-set driving frequency range for an aerosol generating device can be determined using a resonant frequency (Minami, [0073]), and this involves combining prior art elements according to known methods to yield predictable results. Further, because Aoun demonstrates that the controller is further configured to determine a resonant frequency based on pieces of hardware included in the aerosol generating device (Aoun [0064]), and Aoun has been modified in view of Minami such that the controller is configured to determine a pre-set driving frequency range based on the resonant frequency (Minami, [0525], Fig. 80C), the controller of Aoun in view of Horrod and Minami is further configured to determine the pre-set driving frequency range based on pieces of hardware included in the aerosol generating device, as claimed. Conclusion 07-40 AIA 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 JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached on (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J.M.M./ Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755 Application/Control Number: 17/917,841 Page 2 Art Unit: 1755 Application/Control Number: 17/917,841 Page 3 Art Unit: 1755 Application/Control Number: 17/917,841 Page 4 Art Unit: 1755 Application/Control Number: 17/917,841 Page 5 Art Unit: 1755 Application/Control Number: 17/917,841 Page 6 Art Unit: 1755 Application/Control Number: 17/917,841 Page 7 Art Unit: 1755 Application/Control Number: 17/917,841 Page 8 Art Unit: 1755 Application/Control Number: 17/917,841 Page 9 Art Unit: 1755 Application/Control Number: 17/917,841 Page 10 Art Unit: 1755 Application/Control Number: 17/917,841 Page 11 Art Unit: 1755 Application/Control Number: 17/917,841 Page 12 Art Unit: 1755
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