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 .
Status of the Claims
This office action is in response to Applicant’s amendment filed on 31 December 2025:
Claims 1-25 are pending
Claims 13-17 are withdrawn
Claims 21-25 are new
Response to Amendment
Applicant's amendments to the claims filed 31 December 2025 have been acknowledged.
Response to Arguments
Applicant's arguments filed 31 December 2025 have been fully considered but they are not persuasive.
On Pages 8-9 of Applicant’s Remarks, Applicant argues that the primary references, Lungenschmied and Courbat, should be removed as they do not qualify as prior art due to their PCT filing dates falling after the claimed priority date of the present application, 08 October 2021, and therefore reconsideration would be necessary.
Examiner respectfully disagrees as it should be noted that both primary references, Lungenschmied and Courbat, properly claim foreign application priority dates that antedate the priority date claimed by the Applicant’s application (see below):
Lungenschmied et al (Publication No. US20240196987A1) - Publication Date: 20 June 2024, PCT Filing Date: 13 April 2022, Foreign Application Priority Date: 28 April 2021
Courbat et al (Publication No. US20240130437A1) - Publication Date: 25 April 2024, PCT Filing Date: 15 February 2022, Foreign Application Priority Date: 16 February 2021
Therefore, the Lungenschmied and Courbat both qualify as prior art and the Examiner maintains the prior rejections made in view of said references.
The following is a modified rejection based on the newly added claims.
Claim Objections
Claim 22 objected to because of the following informalities: Lines 2-3 of Claim 22 should read “a volatile flavor substance selected from at least one of alcohols, aldehydes, ketones, lipids, phenols, terpenoids, [[or]] and fatty acids”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21 recites the limitation "polyol" in Line 1. There is insufficient antecedent basis for this limitation in the claim because Claim 21 does not disclose the polyol or functional material, and neither does Claim 1 which Claim 21 is dependent on.
According to the Applicant’s specification, it would appear that the polyol is a component of the aerosol-generation substrate. For examination purposes, the Claim 21 is interpreted as “The aerosol-generation article of claim 1, wherein the aerosol-generation substrate further comprises a polyol…”.
Claim 22 recites the limitation "functional material" in Line 1. There is insufficient antecedent basis for this limitation in the claim because Claim 22 does not disclose a functional material, and neither does Claim 1 and 21 which Claim 22 is dependent on.
According to the Applicant’s specification, it would appear that the functional material itself is a further component of the aerosol-generation substrate. For examination purposes, the Claim 21 is interpreted as “The aerosol-generation article of claim 1, wherein the aerosol-generation substrate further comprises a function material”.
Claim 23 recites the limitation "the aerosol-forming agent" in Lines 1-2. There is insufficient antecedent basis for this limitation in the claim. According to the Applicant’s specification, it would appear that the aerosol-forming agent is a component of the aerosol-generation substrate.
For examination purposes, Claim 23 is interpreted to recite the following: “The aerosol-generation article of claim 1, wherein the aerosol-generation substrate further comprises an aerosol-forming agent; the aerosol-forming agent includes water…”.
Claims 24 and 25 recites the limitation "the heating auxiliary material" in Line 1. There is insufficient antecedent basis for this limitation in the claim. According to the Applicant’s specification, it would appear that the heating auxiliary material is a further component of the aerosol-generation article.
For examination purposes Claims 24 and 25 are interpreted to recite “The aerosol-generation article of claim 1 further comprising a heating auxiliary material…”.
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.
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, 5-6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lungenschmied et al (Publication No. US20240196987A1) in view of Gregory et al (Publication No. US20110280279A1) and Yoon et al (Publication No. US20160163457A1).
Regarding Claim 1, Lungenschmied discloses an aerosol-generation article (100), comprising:
an aerosol-generation substrate (102) (Figs. 1; [0048]);
and a temperature sensor (52) for measuring the temperature of an aerosol generating article, that detects a dielectric response (i.e., dielectric constant) based on the measured temperature (i.e., dielectric constant is dependent on the measured temperature change) (Fig. 3; [0021, 0060]). Lungenschmied further discloses that the temperature sensor can be a thermistor [0060].
Additionally, Lungenschmied discloses that the dielectric detection result can be relayed back to a controller (24) configured to control power supply (22) to a heating module (Figs. 1-3; [0052-0055, 0062]; measures current between the terminals and determines the dielectric response/constant from said value; should be noted that all controllers can be combined into one controller that performs all functions);
Lungenschmied does not explicitly disclose the following details regarding the article:
the temperature sensor comprising a dielectric material;
wherein the temperature sensor is configured to sense a temperature of the aerosol- generation substrate upon detecting the dielectric constant of the dielectric material;
the temperature sensor is arranged in the aerosol-generation substrate;
wherein a Curie temperature of the dielectric material falls within a temperature range required by the aerosol-generation substrate for forming aerosols
Regarding (I-II), Gregory, directed to a temperature measurement system, discloses a sensor that measures a temperature value based on detecting a dielectric constant value. This is accomplished by incorporating a dielectric layer/material in the sensor, wherein the dielectric material has a temperature-dependent dielectric constant [0067]. The dielectric constant will vary in response to temperature changes; this induces a resonant frequency signal (i.e., dielectric response) which can be transmitted to a processor (i.e., controller) to convert/translate the frequency/dielectric response to a temperature value [0067-0068].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the temperature sensor and controller disclosed by Lungenschmied to comprise a dielectric material and measure and convert a measured dielectric constant to a temperature value as disclosed by Gregory, as this involves substitution of a known temperature sensor (i.e., thermistor) disclosed by Lungenschmied, with another known temperature sensor (i.e., dielectric sensor) disclosed by Gregory, to a similar temperature sensing system, to predictably yield a sensor that is capable of sensing a temperature of a substrate based on the detected dielectric constant change of the dielectric material of the temperature sensor.
Regarding (III), it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C). In this case, Gregory discloses that the temperature sensor can be directly incorporated (i.e., arranged inside) of a substrate [0071].
Therefore, it would be obvious to one ordinarily skilled in the art to incorporate the temperature sensor of Modified Lungenschmied into a substrate (i.e., aerosol-forming substrate) as disclosed by Gregory, to predictably result in an embedded sensor that is still capable of transmitting dielectric constant measurements that can be translated to temperature values.
Regarding (IV), Yoon, directed to a dielectric ceramic capacitor, discloses a ceramic composite material comprising of a primary layer of BaTiO3 and additional layers of(Na, K)NbO3, and (Bi, Na)TiO3 which can be used in electronic components such as a thermistor [Abstract, 0003]. The purpose of the multilayer composite is to improve the capacitance temperature characteristics (i.e., Curie temperature) of the primary BaTiO3 component by incorporating Na, K)NbO3 , and (Bi, Na)TiO3 which have higher Curie temperatures, allowing the material to be more reliable at higher temperatures up to X9R characteristics (up to 150 degrees Celsius) [0008-0010, 0015-0017, 0039].
Therefore, it would have been obvious to one ordinarily skilled in the art to select a dielectric material for the sensor disclosed by Modified Lungenschmied, to have a Curie temperature that falls within a temperature range required by the aerosol-generation substrate for forming aerosols to ensure the dielectric ceramic can reliably perform/maintain its properties at the aerosolizing temperatures.
Regarding Claim 5, Lungenschmied further discloses the sensor (52) comprises a pin (see Fig. 3; [0060]; implied as the sensor is illustrated as a small dot/pin disposed adjacent to the substrate substrate)
Regarding Claim 6, Lungenschmied further discloses a packaging layer (Wrapper 110), wherein the aerosol-generation substrate (102) is arranged in the packaging layer (110) and is wrapped by the packaging layer (Figs. 3-4; [0056, 0063]).
Regarding Claim 20, Lungenschmied further discloses the aerosol-generation substrate (102) is a solid substrate (i.e., tobacco) ([0048]; discloses the substrate to be tobacco which is considered to be equivalent to a solid substrate);
and the packaging layer (110) is packaging paper ([0049]; the packaging layer is disclosed to be a paper wrapper).
Claims 2-4 is rejected under 35 U.S.C. 103 as being unpatentable over Lungenschmied et al (Publication No. US20240196987A1) in view Gregory et al (Publication No. US20110280279A1) and Yoon et al (Publication No. US20160163457A1) as applied to Claim 1 above, and further in view of Wada et al ("Preparation of barium titanate–bismuth magnesium titanate ceramics", see attached copy).
Regarding Claim 2, Yoon further discloses the dielectric multilayer ceramic material has a guarantee operation in temperature environments up to 175 degrees Celsius. Yoon does not disclose the material having a Curie temperature ranging from 200 to 450 degrees Celsius.
However, Wada, directed to a lead-free ferroelectric ceramic material (i.e., dielectric material, discloses a barium titanate (BT) ceramic modified with bismuth magnesium titanate (BMT) to form a composite material that has a Curie temperature (i.e., Tmax value) of 340 degrees Celsius (see Wada, Section 3.2 pg. 685; Figs. 3-4). The composite ceramic’s higher Curie temperature (Tc) is an enhancement over a conventional barium titanate ceramic (132 degrees Celsius) which improves its piezoelectric/dielectric properties, allowing it to be utilized in broader applications materials beyond just a transducer for water (see Wada, Section 1 Pg. 683).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the dielectric material in modified Lungenschmied to incorporate bismuth magnesium titanate as disclosed by Wada, as both are directed to a dielectric ceramic material, where Wada teaches the advantage of incorporating BMT into BT to improve its piezoelectric/dielectric properties comparable to more conventional ferroelectric ceramics (see Wada, Section 1 Pg. 683); this also involves applying a known technique/teaching to a similar device to yield predictable results.Regarding Claim 3, Modified Lungenschmied further discloses the dielectric material comprises titanate (Wada, Pg. 863 and Yoon, Abstract; Barium titanate), and niobate (Yoon, Abstract; (Na, K)NbO3).
Regarding Claim 4, Modified Lungenschmied further discloses the dielectric material comprises of K0.5Na0.5NbO3 (Yoon, Abstract).
Claims 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Courbat et al (Publication No. US20240130437A1) in view of Gregory et al (Publication No. US20110280279A1) and Lee et al (Publication No. US20230263222A1).
Regarding Claim 7, Courbat discloses an electronic vaporizer (Aerosol-generating device 30), comprising:
a first electrode (15), a second electrode (16), and controller (22) (Figs. 2, 5a-b; [0217-0218];
a detection module (i.e., resonant circuit) (Figs. 4-5b; [0186-0196, 0210]; the resonant circuit is considered equivalent as the controller measures/detects an electrical property within the circuit once the circuit is completed by having a substrate material inserted between the electrodes);
and a heating module (Capacitor 14) (Figs. 2-4; [0214, 0216-0217]; the capacitor is considered equivalent as the controller provides an alternating voltage to the capacitor to heat the aerosol-forming substrate);
and wherein the controller is configured to control power supply (20) to the heating module (i.e., capacitor) of the detection result (i.e., electrical property) to control the temperature of the aerosol-generation article (i.e., heating the substrate) (Figs. 2-4; [0018, 0214, 0216-0217]; the controller is configured to send out a voltage through the circuit to determine the electrical property (i.e., capacitance) between the electrodes and a second voltage to the capacitor to heat the substrate).
Courbat does not explicitly disclose the following:
the detection module is configured to detect a dielectric constant of the aerosol-generation article;
the detection result indicating a temperature of the aerosol-generation article;
a plurality of first and second electrodes configured to form equivalent capacitors at different positions on the aerosol-generating article;
an electromagnetic shielding member;
wherein the electromagnetic shielding member is arranged in the cavity between the plurality of first electrodes and the plurality of second electrodes so as to wrap the aerosol- generation article.
Regarding (I-II), Gregory, directed to a wireless temperature measurement system (i.e., detection module), discloses the system/module comprises a sensor that measures a temperature value based on detecting a dielectric constant value. This is accomplished by incorporating a dielectric layer/material in the sensor, wherein the dielectric material has a temperature-dependent dielectric constant which can be coupled with a substrate to measure its temperature (see Figs. 2A-B; [0009, 0067]). The dielectric constant will vary in response to temperature changes; this induces a resonant frequency signal (i.e., dielectric response) which can be transmitted to a processor (i.e., controller) to convert/translate the frequency/dielectric response to a temperature value [0067-0068].
It is noted that while Gregory does not explicitly disclose measuring a dielectric constant of an aerosol-forming substrate, Gregory does disclose that the dielectric layer of the sensor is disposed on the object of interest (i.e., substrate) that is having its temperature measured [0027]. Courbat discloses that the aerosol-forming substrate itself is a dielectric material. Since Gregory discloses that the temperature sensor correlates a temperature based on the temperature-dependent dielectric constant of its dielectric layer, it would be obvious to one ordinarily skilled in the art that if one were to construct the dielectric layer of the sensor to be the dielectric aerosol-forming substrate material from Gregory, the resulting sensor would be measuring the dielectric constant, and subsequently the temperature, of the aerosol-forming substrate that serves as the dielectric layer of the sensor.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the aerosol-forming substrate and detection module disclosed by Courbat to comprise a temperature sensor which can measure and convert a dielectric constant of a dielectric layer (i.e., aerosol-forming substrate) to a temperature value as disclosed by Gregory, as this involves applying a known teaching of using resonant circuits to measure and convert dielectric constants to temperature values as taught by Gregory, to another resonant circuit for measuring temperature as disclosed by Courbat, that predictably yields a resonant circuit detection module comprising a temperature sensor that is capable of sensing a temperature of an aerosol-forming dielectric substrate based on the detected dielectric constant change of the dielectric substrate material via the temperature sensor.
Regarding (III), it should be noted that duplication of parts, without any new or unexpected results, is within the ambit of one ordinarily skilled in the art (see MPEP § 2144.04.VI.B). There is a reasonable expectation that multiple capacitors would be formed when the first and electrodes a duplicated, where each capacitor retains its ability to detect an electrical property when a material is inserted in the cavity formed between said electrodes.
Therefore, it would be obvious to one ordinarily skilled in the art to duplicate the electrodes/capacitors disclosed by Courbat and configure the controller to detect each capacitance value from each capacitor, with a reasonable expectation that multiple values can be successfully collected from the capacitors in different locations.
Regarding (IV), Lee, directed to an aerosol-generating device, discloses a capacitance sensor for measuring electromagnetic properties and a shielding unit (i.e., electromagnetic shielding member) configured to shield the sensor from external interference from electromagnetic waves outside of the aerosol-generating device ([Abstract, 0131]; dielectric constant is an electromagnetic property and therefore Lee’s sensor is considered equivalent to Modified Courbat’s temperature sensor which is also capable of measuring dielectric constant values).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the aerosol-generation device disclosed by Modified Courbat to include an electromagnetic shielding member as disclosed by Lee, as both are directed to an aerosol-generation device, where Lee teaches the advantage of using an electromagnetic shielding member to protect the sensor from electromagnetic waves from outside of the aerosol-generation device.
Regarding (V), it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C).
In this case, Modified Courbat already discloses that the substrate is constructed to be the dielectric layer of temperature sensor to enable detection of the dielectric constant value (i.e., electromagnetic property) of said substrate to determine the temperature of the substrate (see Claim 7, Points I-II above). This would imply that the substrate and sensor can be treated as one component which would mean that if a shielding member were implemented to protect the sensor, said shielding member would also have to surround the substrate which the sensor is constructed with.
Therefore, it would be an obvious design choice for one ordinarily skilled in the art to construct the electromagnetic shielding member between the two electrodes such that it is able to wrap around and protect the substrate and temperature sensor from external electromagnetic waves outside of said device.
Regarding Claim 8, Courbat further discloses the first electrode (15), the aerosol-generation article (40) accommodated in the cavity (Article cavity 34), and the second electrode (16) comprise an equivalent capacitor (14) (Figs. 1, 5a-5b; [0210, 0229]; Implicitly understood that the capacitor is an equivalent capacitor since it comprises all disclosed parts);
and wherein the electronic vaporizer further comprises an inductance coil (Figs. 2-4; [0216]; Inductor 26)
wherein the inductance coil, the equivalent capacitor, and a power source (Power supply 20) comprise a resonance circuit (Courbat, Figs. 2-5b; [0036, 0216-0217]);
wherein the detection module is configured to detect a resonance frequency of the resonance circuit ([0038]; controller and circuit are configured together to determine the resonant frequency of the resonant circuit via measured electrical property);
and wherein the controller is configured to control power supply of the power source to the heating module of the resonance frequency ([0037]; controller supplies alternating current to the substrate to heat it at the resonant frequency of the circuit).
Regarding Claim 9, Courbat further discloses when a temperature corresponding to the detection result (i.e., current) is lower than a preset cooling temperature (i.e., optimal heating temperature of substrate), the controller is configured to control a power source to supply normal power to the heating module ([0223-0224]; supplying an [normal] power is implied as the controller is configured to vary the voltage delivered from the power supply to change how much the substrate is heated depending on the measured electrical property);
and wherein, when the temperature corresponding to the detection result is higher than or equal to the preset cooling temperature, the controller is configured to control the power source to reduce power supply to the heating module ([0223-0224]; reducing the power is implied as the controller is configured to vary the voltage from the power supply and change how much the substrate is heated depending on the measured electrical property).
Regarding Claim 10, Courbat further discloses that the controller is configured to measure an electrical property (i.e., detection result) to determine if an aerosol-generating substrate has been inserted between the electrodes (i.e., startup parameter) [0009];
and start a heating program when the detection result matches the preset start up parameter ([0009]; this is implied as the controller is configured to not initiate heating if no substrate is detected).
Regarding Claim 11, Modified Courbat does not disclose the detection module is configured to detect dielectric constants at different positions on the aerosol-generation article by detecting capacitances of the equivalent capacitors at different positions.
However, it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C).
In this case, modified Courbat discloses a plurality of electrodes and a controller configured to measure an electrical characteristic/property of a capacitor such as capacitance, which can also be proportionally related to a dielectric constant value of a dielectric (see Claim 7 modification for duplicating Courbat’s electrodes to form multiple capacitors). Modified Courbat further discloses that the controller is capable of communicating with multiple sensors using an antenna (Gregory, [0072]).
Since the controller is capable of communicating with multiple sensors that each can transmit a signal for determining temperature, one would have a reasonable expectation if the plurality of electrodes/capacitors are arranged at intervals throughout the device, the controller will be able to receive and convert dielectric constants measured from each capacitor at each different position to a corresponding temperature value.
Therefore, it would be obvious to one ordinarily skilled in the art to arrange the plurality of electrodes/capacitors disclosed by Courbat and configure the controller to detect each capacitance value from each capacitor, with a reasonable expectation that multiple temperature values can be successfully collected from the capacitors in different locations.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Courbat et al (Publication No. US20240130437A1) in view Gregory et al (Publication No. US20110280279A1) and Yoon et al (Publication No. US20160163457A1).
Regarding Claim 12, Courbat discloses an aerosol-generation article (40), comprising:
an aerosol-generation substrate (18) (Fig. 5; [0228]);
and an electronic vaporizer (Aerosol-generating device 30), comprising:
a first electrode (15), a second electrode (16), and controller (22) (Figs. 2, 5a-b; [0217-0218];
wherein a cavity (34) configured to accommodate an aerosol-generation article is formed between the first electrode (15) and the second electrode (16) (Figs. 3, 5; [0227]);
a detection module (i.e., resonant circuit) (Figs. 4-5b; [0186-0196, 0210]; the resonant circuit is considered equivalent as the controller measures/detects an electrical property within the circuit once the circuit is completed by having a substrate material inserted between the electrodes);
and a heating module (Capacitor 14) (Figs. 2-4; [0214, 0216-0217]; the capacitor is considered equivalent as the controller provides an alternating voltage to the capacitor to heat the aerosol-forming substrate);
wherein the detection module (14) is configured to detect/measure an electrical property of the aerosol-generation article (40) accommodated in the cavity (34) (Fig. 5b; [0213, 0229]; the electrodes and inserted article form a completed capacitor that is capable of measuring/detecting an electrical property);
and feedback a detection result (i.e., electrical property measurement) to the controller (22) (Figs. 3, 5; [0005, 0213]; the capacitor measures/detects the electrical property of the article which is relayed to the controller to heat the aerosol-forming substrate based on said electrical measurement/detection result);
and wherein the controller is configured to control power supply (20) to the heating module (i.e., capacitor) of the detection result (i.e., electrical property) (Figs. 2-4; [0018, 0214, 0216-0217]; the controller is configured to send out a voltage through the circuit to determine the electrical property (i.e., capacitance) between the electrodes and a second voltage to the capacitor to heat the substrate);
wherein the electronic vaporizer (30) is adapted to the aerosol-generation article (40) (see Fig. 5; [0227]; the article is adapted to be insertable into the vaporizer/aerosol-generating system).
Courbat further discloses that substrate is a dielectric material or may comprise a dielectric material that completes the capacitor along with the first and second electrodes (15/16) upon insertion into the aerosol-generating device (30) [0008, 0016]. The first electrode (15), second electrode (16), and substrate (40) form a resonant circuit (i.e., detection module) with a resonant frequency that is dependent on the electrical property between the two electrodes, wherein said electrical property can be used to determine the temperature of the aerosol-forming substrate [0031, 0035]. Courbat does not explicitly disclose the following details regarding the article:
the detection module is configured to detect a dielectric constant electrical property of the aerosol-generation article
wherein the dielectric constant of the aerosol-generation article indicates a temperature of the aerosol-generation article
a temperature sensor comprising a dielectric material whose dielectric constant changes with a temperature;
wherein the temperature sensor is configured to sense a temperature of the aerosol- generation substrate upon detecting the dielectric constant of the dielectric material;
the temperature sensor is arranged in the aerosol-generation substrate;
and is separated from the electronic vaporizer;
wherein a Curie temperature of the dielectric material falls within a temperature range required by the aerosol-generation substrate for forming aerosols
Regarding (I-IV), Gregory, directed to a wireless temperature measurement system (i.e., detection module), discloses a sensor that measures a temperature value based on detecting a dielectric constant value. This is accomplished by incorporating a dielectric layer/material in the sensor, wherein the dielectric material has a temperature-dependent dielectric constant which can be coupled with a substrate to measure its temperature (see Figs. 2A-B; [0009, 0067]). The dielectric constant will vary in response to temperature changes; this induces a resonant frequency signal (i.e., dielectric response) which can be transmitted to a processor (i.e., controller) to convert/translate the frequency/dielectric response to a temperature value [0067-0068].
It is noted that while Gregory does not explicitly disclose measuring a dielectric constant of an aerosol-forming substrate, Gregory does disclose that the dielectric layer of the sensor is disposed on the object of interest (i.e., substrate) that is having its temperature measured [0027]. Courbat discloses that the aerosol-forming substrate itself is a dielectric material. Since Gregory discloses that the temperature sensor correlates a temperature based on the temperature-dependent dielectric constant of its dielectric layer, it would be obvious to one ordinarily skilled in the art that if one were to construct the dielectric layer of the sensor to be the dielectric aerosol-forming substrate material from Gregory, the resulting sensor would be measuring the dielectric constant, and subsequently the temperature, of the aerosol-forming substrate that serves as the dielectric layer of the sensor.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the aerosol-forming substrate and detection module disclosed by Courbat to comprise a temperature sensor which can measure and convert a dielectric constant of a dielectric layer (i.e., aerosol-forming substrate) to a temperature value as disclosed by Gregory, as this involves applying a known teaching of using resonant circuits to measure and convert dielectric constants to temperature values as taught by Gregory, to another resonant circuit for measuring temperature as disclosed by Courbat, that predictably yields a resonant circuit detection module comprising a temperature sensor that is capable of sensing a temperature of an aerosol-forming dielectric substrate based on the detected dielectric constant change of the dielectric substrate material via the temperature sensor.
Regarding (V), Gregory further discloses that the temperature sensor can be directly incorporated (i.e., arranged inside) of a substrate [0071]. Therefore, it would be obvious to one ordinarily skilled in the art to incorporate the temperature sensor of Modified Courbat into a substrate (i.e., aerosol-forming substrate) as disclosed by Gregory, to predictably result in an embedded sensor that is still capable of transmitting dielectric constant measurements that can be translated to temperature values.
Regarding (VI), it should be noted that the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art (see MPEP § 2144.04.V.C).
In this case, Modified Courbat discloses that the resonant circuit and its frequency is dependent on the electrical property (i.e., dielectric constant) of the substrate between the electrodes, wherein the substrate is removable (Courbat, [0035, 0227]). Additionally, Modified Courbat’s temperature sensor can be incorporated into said substrate through wireless means via its antenna which can transmit resonant frequency signals to a process/controller to determine a temperature value (Gregory, [0067-0068, 0071]). This implies that Modified Courbat’s temperature sensor does not need to be attached to the vaporizer device, as it is capable of detecting and transmitting the dielectric/resonant frequency signals to the controller wirelessly.
Therefore, it would be within the skill of a person ordinarily skilled in the art to arrange the temperature sensor disclosed by Modified Courbat in the aerosol-forming substrate and separate from the vaporizer device, so long as the resonant circuit is still capable of sending resonant frequency signals to a controller to translate dielectric constant measurements to a temperature value when said aerosol-forming substrate and sensor is inserted and completes the resonant circuit.
Regarding (VII), Yoon, directed to a dielectric ceramic capacitor, discloses a ceramic composite material comprising of a primary layer of BaTiO3 and additional layers of (Na,K)NbO3, and (Bi, Na)TiO3 which can be used in electronic components such as a thermistor [Abstract, 0003]. The purpose of the multilayer composite is to improve the capacitance temperature characteristics (i.e., Curie temperature) of the primary BaTiO3 component by incorporating Na, K)NbO3 , and (Bi, Na)TiO3 which have higher Curie temperatures, allowing the material to be more reliable at higher temperatures up to X9R characteristics (up to 150 degrees Celsius) [0008-0010, 0015-0017, 0039].
Therefore, it would have been obvious to one ordinarily skilled in the art to select a dielectric material for the sensor/thermistor disclosed by Lungenschmied in view of Yoon, to have a Curie temperature that falls within a temperature range required by the aerosol-generation substrate for forming aerosols to ensure the dielectric ceramic can reliably perform/maintain its properties at the aerosolizing temperatures.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lungenschmied et al (Publication No. US20240196987A1) in view Gregory et al (Publication No. US20110280279A1) and Yoon et al (Publication No. US20160163457A1) as applied to Claim 6 above, and further in view of Grandjean et al (Publication No. US20210360978A1).
Regarding Claim 18, Modified Lungenschmied does not discloses wherein a length direction of the temperature sensor and a length direction of the aerosol-generation article form an acute angle. However, it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C).
For example, Grandjean, directed to an aerosol generating system, discloses that an aerosol generating device can comprise a temperature sensor coupled to an electronics control (i.e., controller) to control temperature of a heating element [0048]. The temperature sensor can be located in any suitable location, where Grandjean gives an example where the sensor can be configured to be inserted (i.e., arranged inside) an aerosol-generating article to monitor the temperature of the aerosol-generating substrate [0007, 0049].
Therefore, it would be an obvious design choice for one ordinarily skilled in the art to arrange the temperature sensor in a manner such that a length direction of the temperature sensor and a length direction of the aerosol-generation article form an acute angle, so long as the sensor is still embedded in the aerosol-generation article when said article is inserted into the vaporizer device.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lungenschmied et al (Publication No. US20240196987A1) in view Gregory et al (Publication No. US20110280279A1) and Yoon et al (Publication No. US20160163457A1) as applied to Claim 6 above, and further in view of Chen et al (Publication No. US20230115077A1, cited in IDS dated 17 September 2025).
Regarding Claim 19, Lungenschmied discloses a tobacco substrate wrapped by a paper wrapper [0048-0049]. Lungenschmied does not disclose the aerosol-generation substrate comprises a liquid substrate; and wherein the packaging layer comprises plastic and is configured to contain the aerosol-generation substrate.
However, Chen, directed to an aerosol provision device, discloses an e-liquid cartridge/cartomizer 130 (i.e., aerosol-generating article) comprising a liquid aerosolisable material (i.e., liquid substrate (see Fig. 2; [0005, 0107, 0111]. The liquid substance serves as a dielectric material that, when between a first and second electrode, can sense an electrical characteristic such as a dielectric constant when said dielectric is inserted in a cavity between said electrodes (see Fig. 2; [0005, 0033]; discloses that the capacitance is dependent on dielectric constant of the dielectric).
Chen further discloses that the cartomizer (130) forms a container (200) with an inner wall (225) and outer wall (205) to form a void (210) that allows the aerosolisable liquid material to enter and surround the inner wall (Fig. 4; [0076-0080]; the outer wall is considered the packaging layer as it creates a space to contain/package the liquid). The inner wall (205) can be made of plastics material [0081].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the aerosol-generating article disclosed by Lungenschmied to be an e-liquid cartridge with a plastic packaging layer (i.e., container) as disclosed by Chen, as both are directed to an aerosol-generating article with dielectric material, where one ordinarily skilled in the art can substitute the tobacco substrate and paper wrapper disclosed by Lungenschmied with the e-liquid and plastic cartomizer disclosed by Chen, to predictably yield an article that contains a dielectric capable of being detected by a sensor.
Claims 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Lungenschmied et al (Publication No. US20240196987A1) in view Gregory et al (Publication No. US20110280279A1) and Yoon et al (Publication No. US20160163457A1) as applied to Claim 1 above, and further in view of Hejazi et al (Publication No. US20190281891A1).
Regarding Claim 21, Lungenschmied further discloses that the aerosol-generating substrate may contain tobacco, water and volatile substances such as nicotine [0020, 0048].
Lungenschmied does not explicitly disclose the following: the aerosol-generation substrate comprises a polyol selected from at least one of triethylene glycol, butylene glycol, glycerol, or propylene glycol (see 112(b) rejection and interpretation above).
However, Hejazi, directed to a smoking (i.e., aerosol-generating) article, discloses that the article comprises a substrate material comprising of materials such as tobacco, wherein said material further comprises other materials such as water and/or aerosol precursors such as propylene glycol and glycerin which can help provide a visible mainstream aerosol reminiscent of tobacco smoke [0049, 0053].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the tobacco substrate material disclosed by Lungenschmied to further comprise aerosol forming agents such as propylene glycol as disclosed by Hejazi, as both are directed to an aerosol-generation article, where Hejazi teaches the advantage of including aerosol precursors to produce a visible mainstream aerosol reminiscent of tobacco smoke [0049, 0053]; this also involves applying a known teaching of a substrate material composition as disclosed by Hejazi to another known substrate material disclosed by Lungenschmied to predictably yield a substrate material capable of heating and producing an aerosol.
Regarding Claim 23, Lungenschmied further discloses that the aerosol-generating substrate may contain tobacco, water and volatile substances such as nicotine [0020, 0048]. Lungenschmied does not explicitly disclose the following:
aerosol-generation substrate comprises an aerosol-forming agent, wherein the aerosol-forming agent includes water;
and the aerosol-generation substrate has a water content [[of]] ranging from 6 wt% to 18 wt%.
Regarding (I-II), Hejazi, directed to a smoking (i.e., aerosol-generating) article, discloses that the article comprises a substrate material comprising of materials such as tobacco, wherein said material further comprises other materials such as water. The water content within said substrate/functional material can range from approximately 5% to 20% by weight [0049, 0051]; the claimed range of 6% to 18% for water content overlaps with the water content range disclosed by Hejazi and are therefore considered prima facie obvious (see MPEP § 2144.05.I).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the water content in the substrate material disclosed by Lungenschmied, to have an overlapping range disclosed by Hejazi, as both are directed to an aerosol-generation article, where this involves applying a known water content composition for an aerosol-generating substrate as disclosed by Hejazi, to another similar aerosol-generating substrate disclosed by Lungenschmied, to predictably yield a substrate material capable of heating and producing an aerosol.
Claims 22 are rejected under 35 U.S.C. 103 as being unpatentable over Lungenschmied et al (Publication No. US20240196987A1) in view Gregory et al (Publication No. US20110280279A1), Yoon et al (Publication No. US20160163457A1), and Hejazi et al (Publication No. US20190281891A1) as applied to Claim 21 above, and further evidenced by Wurzer et al (Publication No. US20140271940A1).
Regarding Claim 22, Lungenschmied does not disclose the tobacco (i.e., functional material) further comprises a volatile flavor substance selected from at least one of alcohols, aldehydes, ketones, lipids, phenols, terpenoids, and fatty acids.
However, Hejazi, directed to a smoking (i.e., aerosol-generating) article, discloses that the article comprises a substrate material (i.e., functional material) comprising of materials such as tobacco, wherein said material further comprises a flavoring agent such as menthol which can alter the sensory or organoleptic character or nature of the mainstream aerosol of the smoking article [0091].
It is noted that while Hejazi does not explicitly state that menthol is a volatile terpenoid flavor substance, one ordinarily skilled in the art would be aware that menthol would fall under such a category. As evidenced by Wurzer, directed to cannabis extracts for direct vaporization, flavoring extracts (i.e., substances) can be incorporated into products as a volatile oil extract [0103], wherein such an extract can contain a cannabis/terpenoid substance such as menthol [0013].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the tobacco functional material disclosed by Lungenschmied to further comprise a volatile flavoring substance such as menthol as disclosed by Hejazi and evidenced by Wurzer, as both are directed to an aerosol-generation article, where Hejazi teaches the advantage of including a volatile flavoring substance to alter the sensory or organoleptic character or nature of the mainstream aerosol of the smoking article [0091]; this also involves applying a known teaching of a substrate/functional material composition as disclosed by Hejazi to another known substrate/functional material disclosed by Lungenschmied to predictably yield a substrate material capable of heating and producing an aerosol.
Claims 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Lungenschmied et al (Publication No. US20240196987A1) in view Gregory et al (Publication No. US20110280279A1) and Yoon et al (Publication No. US20160163457A1) as applied to Claim 1 above, and further in view of Zhou et al (Publication No. US20220232882A1, cited in IDS dated 17 September 2025).
Regarding Claim 24, Lungenschmied does not disclose aerosol-generation article further comprising a heating auxiliary material, wherein the heating auxiliary material has a higher heating efficiency than the aerosol-generation substrate in the alternating electric field.
However, Zhou, directed to a heating method for baking items such as a cigarette (i.e., aerosol-generation article), discloses said cigarette can comprise of tobacco (i.e., aerosol-generation substrate) and a microwave absorbing agent (i.e., heating auxiliary material) that can be heated via microwave heating through the microwave’s electric field [0003, 0034].
The absorbing agent may comprise of a ceramic powder material combined with metal powders such as aluminum nitride and has a higher thermal conductivity than the tobacco which can improve the temperature uniformity of the cigarette (see Table 1; [0007-0008, 0011, 0041, 0053]; higher thermal conductivity indicates that the absorbing material will more readily transfer heat via conduction than tobacco, which implicitly means that it has a higher heating efficiency than tobacco; as shown in Table 1, incorporation of the absorbing agent improves the speed in which the cigarette heats up within a specified time duration).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the aerosol-generation article disclosed by Lungenschmied to further comprise a microwave absorbing agent (i.e., heating auxiliary material) with a higher heating efficiency such as an aluminum nitride ceramic powder as disclosed by Zhou, as both are directed to an aerosol-generation article, where Zhou teaches the advantage of incorporating a heating auxiliary material to improve the temperature uniformity of the aerosol-generation article (i.e., cigarette) [0041]; this also involves applying a known teaching of incorporating a heating auxiliary material (i.e., microwave absorbing agent) to an aerosol-generation article (i.e., cigarette) as disclosed by Zhou, to another similar aerosol-generation article disclosed by Lungenschmied, to predictably yield an aerosol-generation article to generate an aerosol and have better overall heating efficiency.
Regarding Claim 25, Lungenschmied does not disclose aerosol-generation article further comprising a heating auxiliary material, wherein the heating auxiliary material is aluminum nitride-based ceramic.
However, Zhou, directed to a heating method for baking items such as a cigarette (i.e., aerosol-generation article), discloses said cigarette can comprise of tobacco (i.e., aerosol-generation substrate) and a microwave absorbing agent (i.e., heating auxiliary material) that can be heated via microwave heating through the microwave’s electric field [0003, 0034].
The absorbing agent may comprise of a ceramic powder material combined with metal powders such as aluminum nitride and has a higher thermal conductivity than the tobacco which can improve the temperature uniformity of the cigarette [0007-0008, 0041].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the aerosol-generation article disclosed by Lungenschmied to further comprise a microwave absorbing agent (i.e., heating auxiliary material) as disclosed by Zhou, as both are directed to an aerosol-generation article, where Zhou teaches the advantage of incorporating a heating auxiliary material to improve the temperature uniformity of the aerosol-generation article (i.e., cigarette) [0041]; this also involves applying a known teaching of incorporating a heating auxiliary material (i.e., microwave absorbing agent) to an aerosol-generation article (i.e., cigarette) as disclosed by Zhou, to another similar aerosol-generation article disclosed by Lungenschmied, to predictably yield an aerosol-generation article to generate an aerosol.
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 Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755