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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/30/2026 has been entered.
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.
Claim(s) 1-3, 5-9 and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 106102493) in view of Chen et al. (WO 2020034774A1)
Regarding claim 1, Liu discloses a control method for an aerosol generation apparatus, wherein the method is applied to the aerosol generation apparatus, the aerosol generation apparatus comprises a heater for heating an aerosol generation substrate to generate an aerosol, and the method comprises:
detecting whether a user smokes according to a real-time voltage value and a preset voltage threshold of the heater (Abstract and claim 1); and
calculating a smoking duration when the real-time voltage value is greater than or equal to the preset voltage threshold when a detected result that the user smokes is detected (Abstract and claim 1).
Liu discloses calculating the energy accumulated consumption of the heating wire, and accumulated consumption of the heating wire reaches the preset energy control power supply to stops supplying power to the heating wire wherein accumulated consumption of the heating wire comprises detecting a heating wire on the real-time voltage and real-time resistor; making use of the real-time power versus time obtained by integrating the accumulated consumption of energy (Abstract and Summary of the Invention). Liu further discloses a time interval (preset time such as 60s) between user sucking the Nth cigarette and the N+1 cigarette to distinguishes smoking process. Therefore, it would have been obvious to one of ordinary skill in the art to have the preset in accumulated consumption time (instead of preset in accumulated energy consumption since they are directly related) to stop heating of one smoking process when the smoking duration is greater than or equal to a preset duration threshold.
Liu does not expressly disclose calculating a duration when the user does not smoke. Chen discloses when the duration of inspiration action is not detected to reach a threshold value, the device is triggered to enter a standby state; when in the standby state, the power consumption of the device reduce (see document). Therefore, it would have been obvious to one of ordinary skill in the art to calculate a duration when the user does not smoke; and controlling a temperature of the heater to be reduced from a preset temperature in the smoking phase to a first preset temperature if the duration when the user does not smoke is greater than or equal to a second preset duration threshold as taught by Chen to save the power of the device.
Regarding claim 2, Liu suggests wherein the detecting whether the user smokes according to a real-time voltage value and a preset voltage threshold of the heater comprises:
if the real-time voltage value is greater than or equal to the preset voltage threshold, determining that the user smokes, and otherwise, determining that the user does not smoke ( claim 1).
Regarding claim 3, Liu suggests the detecting whether the user smokes according to a real-time voltage value and a preset voltage threshold of the heater comprises: calculating an average voltage value in a preset time period according to the real-time voltage value; and if the average voltage value is greater than or equal to the preset voltage threshold, determining that the user smokes, and otherwise, determining that the user does not smoke (claim 1).
Regarding claim 4, Liu discloses calculating the sum of all smoking duration when the user smokes according to the smoking duration when the real-time voltage value is greater than or equal to the preset voltage threshold; and if the sum of all the smoking duration is close to a first preset duration threshold, or the sum of all the smoking duration is greater than or equal to the first preset duration threshold, controlling the heater to stop heating (Abstract and claim 1).
Regarding claim 5, since the accumulation of energy consumption and the working period of time of the heating element are related (claim 1); it would have been obvious to one of ordinary skill in the art at the time the invention was made the a preset energy is directly related to a duration threshold and therefore would have perform routine experimentation to arrive to the claimed range.
Regarding claim 6, Liu discloses after controlling the heater to enter a smoking phase, executing the step of detecting whether a user smokes according to a real-time voltage value and a preset voltage threshold of the heater (claim 1).
Regarding claim 8, Liu discloses the duration when the user does not smoke is determined according to the duration when the real-time voltage value is less than the preset voltage threshold (claim 1).
Regarding claim 9, Liu discloses controlling the temperature of the heater to rise from the first preset temperature to a second preset temperature when it is detected that the user smokes, wherein the second preset temperature is greater than the preset target temperature (Abstract and claim 1).
Regarding claim 14, Liu discloses a method further comprising calculating the sum of all smoking duration when the user smokes according to the smoking duration when the real-time voltage value is greater than or equal to the preset voltage threshold; and if the sum of all the smoking duration is close to a first preset duration threshold, or the sum of all the smoking duration is greater than or equal to the first preset duration threshold, controlling the heater to stop heating (Abstract and claim 1).
Regarding claim 15, since the accumulation of energy consumption and the working period of time of the heating element are related (claim 1); it would have been obvious to one of ordinary skill in the art at the time the invention was made the a preset energy is directly related to a duration threshold and therefore would have perform routine experimentation to arrive to the claimed range.
Regarding claim 16, Liu discloses calculating the sum of all smoking duration when the user smokes according to the smoking duration when the real-time voltage value is greater than or equal to the preset voltage threshold; and if the sum of all the smoking duration is close to a first preset duration threshold, or the sum of all the smoking duration is greater than or equal to the first preset duration threshold, controlling the heater to stop heating (Abstract and claim 1).
Regarding claim 17, since the accumulation of energy consumption and the working period of time of the heating element are related (claim 1); it would have been obvious to one of ordinary skill in the art at the time the invention was made the a preset energy is directly related to a duration threshold and therefore would have perform routine experimentation to arrive to the claimed range.
Regarding claim 18, Liu discloses controlling the temperature of the heater to rise from the first preset temperature to a second preset temperature when it is detected that the user smokes, wherein the second preset temperature is greater than the preset target temperature (claim 1).
Regarding claim 19, Liu discloses a control method for an aerosol generation apparatus, wherein the method is capable of being applied to the aerosol generation apparatus, the aerosol generation apparatus comprises a heater for heating an aerosol generation substrate to generate an aerosol, and the method comprises:
detecting whether a user smokes according to a real-time voltage value and a preset voltage threshold of the heater; calculating a smoking duration when the real-time voltage value is greater than or equal to the preset voltage threshold when a detected result that the user smokes is detected (Abstract and claim 1);
wherein the step of detecting whether a user smokes according to a real-time voltage value and a preset voltage threshold of the heater (Abstract and claim 1). Therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to use an average voltage value in a preset time period according to the real-time voltage value; and determining that the user smokes if the average voltage value is greater than or equal to the preset voltage threshold, and determining that the user does not smoke if otherwise.
Response to Arguments
Applicant's arguments filed 9/04/2025 have been fully considered but they are not persuasive.
Applicant’s arguments filed 3/30/2026 have been considered but are moot in view of the new ground of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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