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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LI (CN 108783602).
Li teaches an 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< t1< 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI (CN 108783602).
Li teaches an 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< t1< 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) t1 = 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±100C. 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±100C would have been achieved through routine experimentation while optimizing the vaporization of the aerosol.
Response to Arguments
Applicant's arguments filed April 22, 2026 have been fully considered but they are not persuasive. Applicant argues on pages.9-10 that Li teaches increasing in only two stages; however, the claims as written simply require operating at four different temperatures and figures 4 and 5 show that the temperature of the aerosol generating device is increased through a plurality of different temperatures therefore Li teaches to setting the second heating unit 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.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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