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. Election/Restrictions Claims 1-4, 9-23 and 50-51 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions and non-elected species, there being no allowable generic or linking claim. Newly added claims 50 and 51 include a controller arranged to set the first heating unit to a target temperature and also set the second heating unit to a target temperature higher than the target temperature of the first heating unit whereas elected species 2 recites a controller arranged to set the second heating unit to a target temperature and set the temperature of the first heating unit to a n initial temperature higher than the target temperature of the second heating unit ; therefore , new claims 50 and 51 do not belong to the elected species 2. Election was made without traverse in the reply filed on August 18, 2025. 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 appl icant regards as his invention. Claim 8 is 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 8 recites the limitation "T5" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 8 recites the limitation "T6" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 5 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by LI (CN 108783602) . Li teaches a n aerosol generating device for generating aerosol from an aerosol generating material comprising a first heating unit (12 in figure 1) arranged to heat, but not bum, the aerosol generating material in use; a second heating unit (13) arranged to heat, but not burn, the aerosol generating material in use; and a controller (11) arranged to control the first heating unit and the second heating unit . Figures 4 and 5 show during a session the controller is arranged to set the second heating unit (line t2A in figures 5 and 5) to : (i) a target operating temperature T1 during a time period t0-t3; (ii) a target operating temperature T2 during a time period t3-t4;(iii) a target operating temperature T3 during a time period t4-t5; and(iv) a target operating temperature T4 during a time period t5-t7; wherein temperature T4 > T3 > T2 > T1 and time t0< t 1 < t2 <t3< t4 < t5 < t6 <t7 (translation pages 5-9, “First Embodiment” paragraphs 2-11 and “Second Embodiment” paragraphs 4-15 ) . 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) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI (CN 108783602) . Li teaches a n aerosol generating device for generating aerosol from an aerosol generating material comprising a first heating unit (12 in figure 1) arranged to heat, but not bum, the aerosol generating material in use; a second heating unit (13) arranged to heat, but not burn, the aerosol generating material in use; and a controller (11) arranged to control the first heating unit and the second heating unit . Figures 4 and 5 show during a session the controller is arranged to set the second heating unit (line t2A in figures 5 and 5) to : (i) a target operating temperature T1 during a time period t0-t3; (ii) a target operating temperature T2 during a time period t3-t4;(iii) a target operating temperature T3 during a time period t4-t5; and(iv) a target operating temperature T4 during a time period t5-t7; wherein temperature T4 > T3 > T2 > T1 and time t0< t 1 < t2 <t3< t4 < t5 < t6 <t7 (translation pages 5-9, “First Embodiment” and “Second Embodiment”) . Regarding claim 6, Li teaches the controller is further arranged to set the first heating unit: (i) a target operating temperature T5 during a time period tl-t6; and (ii) a target operating temperature T6 during a time period t6-t7 (line t1B in figures 4 and 5). Figures 4 and 5 show that temperature T5 of the first heating unit is set higher than temperatures T1 and T2 of the second heating unit, followed by a temperature T6 lower than T5. It would have been obvious to one of ordinary skill in the art to try a T4 higher than T5 and a T3 equivalent to T5 because Li teaches that the temperatures of the heating elements vary (translation “Second Embodiment” paragraph 4 ) therefore temperatures of T4 > T5 = T3 > T6 > T2 > T1 would have been achieved through routine experimentation while optimizing the vaporization of the aerosol. Regarding claim 7 , Li teaches that the timing of a first stage can be 8-20 seconds (“Second Embodiment” paragraph 4) and a second stage can be 70-100 seconds (“Second Embodiment paragraph 6) . It would have been obvious to one of ordinary skill in the art that the timing of the two stages of Li could be broken down into (i) t0 = 0 s and comprises the start of the session; (ii) t 1 = 2 ±2s; (iii) t2 = 15 ± 10 s and comprises time of first puff; (iv) t3 = 60 ± 10 s; (v) t4 = 100 ± 10 s; (vi) t5 = 130 ± 10 s; (vii) t6 = 140 ± 10 s; and (viii) t7 = 225 ± 10 s through routine experimentation while optimizing the vaporization of the aerosol. Regarding claim 8 , Li teaches that the highest temperature reaches can be 240-280 °C (“Second Embodiment” para. 5), which overlaps with (iii) T3 = 260°C±10°C; (iv) T4 = 270°C ± 10C;(v) T5 = 260°C ± 10C; and (vi) T6 = 230°C±10 0 C . Figures 4 and 5 show T1= ambient or < 100°C . It would have been obvious to one of ordinary skill in the art that a temperature profile of (i) T1= ambient or < 100°C; (ii) T2 = 140°C ± 10C; (iii) T3 = 260°C±10°C; (iv) T4 = 270°C ± 10C;(v) T5 = 260°C ± 10C; and (vi) T6 = 230°C±10 0 C would have been achieved through routine experimentation while optimizing the vaporization of the aerosol. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CYNTHIA SZEWCZYK whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5130 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri 10 am - 6 pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Alison Hindenlang can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-7001 . 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. /CYNTHIA SZEWCZYK/ Primary Examiner, Art Unit 1741