DETAILED ACTION
Examiner acknowledges receipt of amendment to application 17/996,331 filed on May 19, 2026. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 19, 2026 has been entered.
Status of Claims
Claims 1, 6-15, 17-19 and 22-28 are still pending, with claims 1 and 15 being currently amended. Claims 2-5, 16 and 20-21 are cancelled.
Response to Arguments
Applicant’s arguments with respect to claims 1, 6-15, 17-19 and 22-28 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Claim Rejections - 35 USC § 103
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.
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 1, 6-7, 12-15, 17 & 22-28 are rejected under 35 U.S.C. 103 as being unpatentable over Akao et al. US PGPUB 2020/0237006 in view of Lee et al. US PGPUB 2016/0141893, and further in view of Jung et al. US PGPUB 2020/0112178.
Regarding claim 1, Akao discloses the apparatus comprising a charging controller [fig. 1 & 6] and an adaptive charging module [fig. 6, IC 250; pars. 166-168; fig. 11], wherein:
the charging controller is configured to control charging of a battery at a first charging rate when a charge level of the battery is below a first threshold [fig. 6 & 11; pars. 166-167; charging IC 250 controls charging when a charge level of battery is below the first threshold (“switch threshold”) to be a first rate (the first stage of CC-CV charging which is CC-charging; par. 166) as indicated in steps 306 /308; CC-CV charging for a li-ion battery (par. 76) involves using a higher constant current initially and then switching to a constant voltage in which the current tapers off]; and
the charging controller is configured to control charging of the battery at a second charging rate, lower than the first charging rate, when the charge level of the battery is above the first threshold [fig. 6 & 11; pars. 166-168; after V_batt passes the switch voltage CC charging is ended and a CV charging stage is entered in which the current level is lower]; and
the adaptive charging module is configured to set the first threshold [fig. 6, IC 250 sets a switching voltage which used in a comparison with Vbatt; pars. 166-168; fig. 11].
Though Akao discloses the aerosol generating device [fig. 1], Akao does not explicitly disclose wherein the adaptive charging module is configured to learn charging patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt charging patterns.
Furthermore, Akao does not explicitly disclose wherein the adaptive charging module is configured to learn usage patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt usage patterns.
However, Lee discloses a battery management system [fig. 1; abs] wherein the adaptive charging module is configured to learn charging patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt charging patterns [fig. 4B; pars. 80-83; based on the usage pattern of the device, the “charge voltage” (the first threshold) which is the voltage at which the device switches from CC to CV charging can be changed; the charging patterns are also usage patterns (par. 82)].
Lee further discloses wherein the adaptive charging module is configured to learn charging patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt charging patterns [fig. 4B; pars. 80-83; based on the usage pattern of the device, the “charge voltage” (the first threshold) which is the voltage at which the device switches from CC to CV charging can be changed].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Akao to further include wherein the adaptive charging module is configured to learn charging patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt charging patterns for the purpose of matching user preferences, as taught by Lee (par. 82).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Akao to further include wherein the adaptive charging module is configured to learn usage patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt usage patterns for the purpose of matching user preferences, as taught by Lee (par. 82).
The combination of Akao and Lee does not explicitly disclose the charging controller is configured to control charging of the battery at a third charging rate, lower than the second charging rate, when the charge level of the battery is above a second threshold.
However, Jung discloses a charging system wherein the charging controller is configured to control charging of the battery at a third charging rate, lower than the second charging rate, when the charge level of the battery is above a second threshold [fig. 3; as the battery gets further charged the charging current is lowered via the controller 250; pars. 85 & 87-88].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the combination of Akao and Lee to further include wherein the charging controller is configured to control charging of the battery at a third charging rate, lower than the second charging rate, when the charge level of the battery is above a second threshold for the purpose of reducing the degradation of the battery, as taught by Jung (pars. 82).
Regarding claim 6, Akao does not explicitly disclose wherein the adaptive charging module is implemented using a machine-learning module.
However, Lee discloses a battery management system [fig. 1; abs] wherein the adaptive charging module is implemented using a machine-learning module [par. 8-9 & 80-83; a processor analyzes the usage pattern and determines rules, thus machine-learning].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Akao to further include wherein the adaptive charging module is implemented using a machine-learning module for the purpose of matching user preferences, as taught by Lee (par. 82).
Regarding claims 7 and 17, Akao discloses the aerosol generating device [fig. 1].
Akao does not explicitly disclose wherein the first threshold is set dependent on a usage level of the device.
However, Lee discloses a battery management system [fig. 1; abs] wherein the first threshold is set dependent on a usage level of the device [fig. 4B; pars. 80-83; based on the usage pattern of the device, which is based the level of voltage, thus a usage level, the “charge voltage” (the first threshold) which is the voltage at which the device switches from CC to CV charging can be changed; the charging patterns are also usage patterns (par. 82)].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Akao to further include wherein the first threshold is set dependent on a usage level of the device for the purpose of matching user preferences, as taught by Lee (par. 82).
Regarding claims 12 and 22, Akao discloses wherein the first threshold is set dependent on one or more of:
a current day of the week;
a current time of day;
first user habits as input by the user;
second user habits as determined through use;
one or more properties of an aerosol generating material;
one or more battery properties [pars. 76 & 166; the voltage at which CC changes to CV is based on a typical such voltage for an Li-Ion battery; furthermore, the change occurs according to the battery properties in step 306 of fig. 11]; and
one or more user settings.
Regarding claim 13, Akao discloses further comprising said battery [par. 76].
Regarding claim 14, Akao discloses further comprising an aerosol generator [fig. 2, 120; par. 64].
Regarding claim 15, Akao discloses a method [figs. 1 & 6] comprising:
charging a battery of an aerosol generating device at a first charging rate when a charge level of the battery is below a first threshold [fig. 6 & 11; pars. 166-167; charging IC 250 controls charging when a charge level of battery is below the first threshold (“switch threshold”) to be a first rate (the first stage of CC-CV charging which is CC-charging; par. 166) as indicated in steps 306 /308; CC-CV charging for a li-ion battery (par. 76) involves using a higher constant current initially and then switching to a constant voltage in which the current tapers off]; and
charging the battery of the aerosol generating device at a second charging rate, lower than the first charging rate, when the charge level of the battery is above the first threshold [fig. 6 & 11; pars. 166-168; after V_batt passes the switch voltage CC charging is ended and a CV charging stage is entered in which the current level is lower]; and
setting the first threshold [fig. 6, IC 250 sets a switching voltage which used in a comparison with Vbatt; pars. 166-168; fig. 11].
Though Akao discloses the aerosol generating device [fig. 1], Akao does not explicitly disclose wherein the adaptive charging module is configured to learn charging patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt charging patterns.
Furthermore, Akao does not explicitly disclose wherein the adaptive charging module is configured to learn usage patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt usage patterns.
However, Lee discloses a battery management system [fig. 1; abs] wherein the adaptive charging module is configured to learn charging patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt charging patterns [fig. 4B; pars. 80-83; based on the usage pattern of the device, the “charge voltage” (the first threshold) which is the voltage at which the device switches from CC to CV charging can be changed; the charging patterns are also usage patterns (par. 82)].
Lee further discloses wherein the adaptive charging module is configured to learn charging patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt charging patterns [fig. 4B; pars. 80-83; based on the usage pattern of the device, the “charge voltage” (the first threshold) which is the voltage at which the device switches from CC to CV charging can be changed].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Akao to further include wherein the adaptive charging module is configured to learn charging patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt charging patterns for the purpose of matching user preferences, as taught by Lee (par. 82).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Akao to further include wherein the adaptive charging module is configured to learn usage patterns of the device, wherein the first threshold is set depending, at least in part, on the learnt usage patterns for the purpose of matching user preferences, as taught by Lee (par. 82).
The combination of Akao and Lee does not explicitly disclose the charging controller is configured to control charging of the battery at a third charging rate, lower than the second charging rate, when the charge level of the battery is above a second threshold.
However, Jung discloses a charging system wherein the charging controller is configured to control charging of the battery at a third charging rate, lower than the second charging rate, when the charge level of the battery is above a second threshold [fig. 3; as the battery gets further charged the charging current is lowered via the controller 250; pars. 85 & 87-88].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the combination of Akao and Lee to further include wherein the charging controller is configured to control charging of the battery at a third charging rate, lower than the second charging rate, when the charge level of the battery is above a second threshold for the purpose of reducing the degradation of the battery, as taught by Jung (pars. 82).
Regarding claim 23, Akao discloses a non-combustible aerosol generating device comprising an apparatus as claimed in claim 1 [fig. 2, 120; par. 64].
Regarding claim 24, Akao discloses wherein the aerosol generating device is configured to receive a removable article comprising an aerosol generating material [par. 71, cartridge 130; fig. 2].
Regarding claim 25, Akao discloses wherein said aerosol generating material comprises an aerosol generating substrate and an aerosol forming material [fig. 2; various substrates and materials for generating/forming the aerosol; pars. 66-68].
Regarding claim 26, Akao discloses wherein the apparatus comprises a tobacco heating system [par. 69].
Regarding claim 27, Akao discloses a kit of parts comprising an article for use in a non-combustible aerosol generating system, wherein the non-combustible aerosol generating system comprises an aerosol generating device as claimed in claim 23 [fig. 2; various parts form the device].
Regarding claim 28, Akao discloses a kit of parts as claimed in claim 27, wherein the article is a removable article comprising an aerosol generating material [fig. 1-2; 120 is removable and helps generate aerosol; pars. 63-64 & 71-72].
Claim 8, 10-11 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Akao et al. US PGPUB 2020/0237006 in view of Lee et al. US PGPUB 2016/0141893, further in view of Jung et al. US PGPUB 2020/0112178 and further in view of Baker et al. US PGPUB 2018/0271155.
Regarding claims 8 and 18, Akao discloses the aerosol generating device [fig. 1].
The combination of Akao and Lee does not explicitly disclose wherein the first threshold is set at a level at which a defined number of operations of the device can be actuated and/or a defined anticipated usage time of the aerosol generating device can be achieved.
However, Baker discloses a battery powered aerosol generator [abs.; fig. 1], wherein the first threshold is set at a level at which a defined number of operations of the device can be actuated [par. 60-65; a threshold for charging the battery is set a number that can provide a defined number of inhalations in particular period] and/or a defined anticipated usage time of the aerosol generating device can be achieved.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the combination of Akao and Lee to further include wherein the first threshold is set at a level at which a defined number of operations of the device can be actuated and/or a defined anticipated usage time of the aerosol generating device can be achieved for the purpose of ensuring the battery amount is sufficient for usage, as taught by Baker (pars. 60-65).
Regarding claim 10, the combination of Akao and Lee does not explicitly disclose wherein the first threshold is set to enable an expected level of operation until a next anticipated charging time.
However, Baker discloses a battery powered aerosol generator [abs.; fig. 1], wherein the first threshold is set to enable an expected level of operation until a next anticipated charging time [pars. 60-65; the battery threshold can be set according to the amount of time until a predicted recharge].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the combination of Akao and Lee to further include wherein the first threshold is set to enable an expected level of operation until a next anticipated charging time for the purpose of ensuring the battery amount is sufficient for usage, as taught by Baker (pars. 60-65).
Regarding claims 11 and 19, the combination of Akao and Lee does not explicitly disclose wherein the first threshold is dependent on a determined normal user operation of the aerosol generating device.
However, Baker discloses a battery powered aerosol generator [abs.; fig. 1], wherein the first threshold is dependent on a determined normal user operation of the aerosol generating device [pars. 57-65; typical usage is record and used to set a battery threshold for recharging or alerts].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the combination of Akao and Lee to further include wherein the first threshold is dependent on a determined normal user operation of the aerosol generating device for the purpose of ensuring the battery amount is sufficient for usage, as taught by Baker (pars. 60-65).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Akao et al. US PGPUB 2020/0237006 in view of Lee et al. US PGPUB 2016/0141893, further in view of Jung et al. US PGPUB 2020/0112178 and further in view of Wensley et al. US PGPUB 2016/0213065.
Regarding claim 9, Akao discloses the first threshold.
The combination of Akao and Lee does not explicitly disclose wherein a threshold is set to enable one day of expected operation of the aerosol generating device.
However, Wensley discloses a battery powered aerosol generator [abs.], wherein a threshold is set to enable one day of expected operation of the aerosol generating device [par. 43; a full charge threshold would provide enough battery for the full day].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the combination of Akao and Lee to further include wherein a threshold is set to enable one day of expected operation of the aerosol generating device for the purpose of user convenience, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID V HENZE whose telephone number is (571)272-3317. The examiner can normally be reached M to F, 9am to 7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached at 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID V HENZE/Primary Examiner, Art Unit 2859
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