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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/06/2026 has been entered.
Response to Amendment
The office action is in response to Applicant’s amendment filed on 12/08/2025.
Claims 1-9 are pending.
Claims 1 and 3 are amended.
Claim 10 is cancelled.
Response to Arguments
Applicant' s arguments, see pages 5-10, filed 12/08/2025, with respect to the rejection(s) of claims 1-9 under 35 U.S.C. 103 are moot in view of newly found prior art.
The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided) and Zhang (CN112289602, hereinafter referring to the English Translation Provided).
In regards to claim 1, Jang directed to an aerosol generation system, the aerosol generating system (i.e., aerosol generating apparatus) comprising:
A housing (the housing is the external surface of the aerosol generating device in Figure 2) that forms an accommodation space in which a cigarette (i.e., aerosol generating article) is inserted into (Figure 2, [0019], and [0049]);
A second heater (i.e., first heater unit) that heats a moisturizer receiving portion (i.e., atomizing unit) included in the aerosol generating apparatus and separate from the aerosol generating article ([0006]),
Wherein the atomizing unit comprises a moisturizer receptacle (i.e., liquid storage tank) configured to store a moisturizer including glycerin, propylene glycol (PG), and water, and additionally the moisturizer may further comprise at least one of ethylene glycol, dipropylene glycol, diethylene glycol, triethylene glycol, tetraethylene glycol and oleyl alcohol (i.e., liquid composition) ([0006] and [0072]);
A first heater (i.e., second heater unit) that heats the tobacco medium receptacle (i.e., substrate part), the substrate part located within the aerosol generating article (Figure 3 and [0006]); and
A control unit 213 for determining the temperature of each heater and can determine whether to adjust the temperature of each heater based on the determined temperature of the heater ([0060]).
Jang does not explicitly disclose a liquid delivery means configured to deliver the liquid storage composition stored in the liquid storage tank to the first heater unit (I) and does not explicitly disclose a temperature control button that is disposed on an outer wall surface of the housing and transmits a temperature control signal to the control unit (II).
(I)
Jang discloses a porous matrix structure, comprising porous ceramic or cellulose acetate, can receive the liquid composition ([0062]). A porous ceramic is in line with the instant specifications definition of delivery means and therefore it would be obvious to one of ordinary skill in the art that the porous ceramic of Jang could also deliver liquid to the first heater unit and is therefore considered prima facie obvious.
Alternatively, Jung directed to aerosol generation apparatus, discloses the aerosol generation device comprises a vaporizer including a liquid storage unit, liquid delivery means, and a first heater ([0043]).
Jung further discloses the device comprises a second heater and a control unit ([0034]).
Jung further discloses the liquid delivery means deliver the liquid composition from the storage to the first heater, wherein the liquid transfer medium can be a wick such as cotton fiber, ceramic fiber, glass fiber, or porous ceramic ([0046]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jang by making the liquid composition further comprise liquid delivery means, as taught by Jung, because both are directed to aerosol generating articles, Jang teaches various embodiments where the heater may be in contact or spaced apart from the moisturizer accommodating portion and recognizes that the moisturizing component can be contacted with the heater to be aerosolized, Jung teaches the liquid delivery means delivers the liquid composition from the liquid storage to the first heater ([0046]), and this merely involves applying a known liquid transport component of a similar device to yield predictable results.
(II)
Modified Jang does not explicitly disclose a control button that is disposed on an outer wall surface of the housing and transmits a temperature control signal to the control unit.
Zhang, directed to providing heating units for an aerosol generating device, teaches the addition of a control unit (control mainboard (12)) that communicates with the heating assembly, and a temperature control button (temperature adjustment button (122)) disposed on an outer wall surface of the housing (see Fig. 1) and transmits a temperature control signal to the control unit (see step S4) ([0019]-[0020]).
Zhang further discloses the adjustable button allows the user to adjust the heating mode according to their personal preferences to meet their individual taste requirements, thereby improving the inhalation experience and allowing for convenient and quick temperature adjustments ([0019]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Modified Jang by adding a temperature adjustment button as taught by Zhang because all are directed to providing heating units for an aerosol generating device, Zhang teaches a temperature-adjustable assembly that improves user experience ([0019]), and this merely involves applying known components (i.e. control unit, button) to a similar aerosol generating device to yield predictable results (see MPEP 2143 I(C)).
In regards to claim 5, Modified Jang does not teach the temperature control button comprises a first temperature control button that transmits a temperature control signal for adjusting a temperature of the first heater unit and a second temperature control button that transmits a temperature control signal for adjusting a temperature of the second heater unit, and the control unit outputs the temperature control signal received from the first temperature control button and transmits the temperature control signal to the first heater unit, and outputs the temperature control signal received from the second temperature control button and transmits the temperature control signal to the second heater unit.
However, Jang discloses a control unit that adjusts a temperature of the first heater unit and a temperature of the second heater unit and determines whether to adjust the current temperature (i.e., sends a signal for adjusting the temperature of the heaters) ([0059]) and modified Jang teaches at least one control button for transmitting temperature control signals to the control units (Zhang [0019]). While Modified Jang does not explicitly disclose a control button for each heater as claimed, it would be obvious to one of ordinary skill in the art that an additional button for the second heating unit, that has the same function as the first, would be a mere duplication of parts and would have no patentable significance unless a new and unexpected result is produced (see (MPEP 2144.04 VI. B.).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided) and Zhang (CN112289602, hereinafter referring to the English Translation Provided), as applied to claim 1 above, and further in view of U.S. Patent No. 11330843 to Bergstrom, et al. (hereinafter “Bergstrom”).
Regarding claim 2, Modified Jang teaches an aerosol generating apparatus comprising a temperature control button, but does not explicitly disclose the temperature control button transmits a temperature control signal to the control unit through a variable resistor.
Bergstrom, directed to a user-regulated heating element (col. 5, ll. 58-60), teaches a variable resistor that is placed between the battery and heating element in order to supply user-selected discrete voltages (col. 5, ll. 58-63). Bergstrom also teaches that various changes, combinations and modifications within the scope of the invention will become apparent to those skilled in the art from this detailed description (col. 2, ll. 39-45).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by utilizing a variable resistor as taught by Bergstrom, because both modified Jang and Bergstrom are directed to a user-regulated heating element, Bergstrom teaches an innovative way to fine-tune selected voltages (col. 5, ll. 60-61), and this merely involves applying a known component (i.e. variable resistor) in between the temperature control button and the heating element to yield predictable results (see MPEP 2143 I(C)).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided) and Zhang (CN112289602, hereinafter referring to the English Translation Provided), as applied to claim 1 above, and further in view of U.S. Patent No. 2022/0225475 to Bleloch, et al. (hereinafter “Bleloch”).
Regarding claim 3, Modified Jang teaches an aerosol generating apparatus, but does not explicitly disclose the control unit outputs the temperature control signal received from the temperature control button as a supply voltage in a form of a pulse and transmits the temperature control signal to the first and second heater units.
Bleloch, directed to a control system for a vaporizer device ([0196]), teaches a control device (110) that communicates with a heating circuit (150) by providing a modulated signal in the form of a pulse to control a desired voltage level to be output by the heating circuit ([0257]). It would be obvious that this configuration can be altered in order to have the desired voltage level be controlled by the temperature control button of modified Jang for each of the heater units.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by communicating the temperature control button and heater unit via a pulse that regulates a supply voltage as taught by Bleloch, because both modified Jang and Bleloch are directed to a control system for a vaporizer device, Bleloch teaches a control device that is able to receive information from the temperature sensing device without physical impediment ([0193]), and this merely involves applying known components (i.e. pulse voltage signals) to a similar control system to yield predictable results (see MPEP 2143 I(C)).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided) and Zhang (CN112289602, hereinafter referring to the English Translation Provided), as applied to claim 1 above, and further in view of WO2020104875 (“Novak”, hereinafter referring to the English Translation Provided).
Regarding claim 4, Modified Jang teaches an aerosol generating apparatus comprising a temperature control button, but does not explicitly disclose the temperature control signal is formed by a value input in an analog format or a digital format.
Novak, directed to receiving signals indicating use of an aerosol delivery device [0118], teaches a sensor of a processing circuitry (706) that may include one or more analog-to-digital converters (ADCs) configured to convert the actual current and voltages to respective digital equivalents ([0121]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by utilizing analog input signals as taught by Novak, because both modified Jang and Novak are directed to receiving signals indicating use of an aerosol delivery device, Novak teaches aerosol delivery devices with improved electronics that may extend usability of the devices ([0004]), and this merely involves applying known components (i.e. analog signals) to a similar control system to yield predictable results (see MPEP 2143 I(C)).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided) and Zhang (CN112289602, hereinafter referring to the English Translation Provided), as applied to claims 1 and 5 above, and even further in view of U.S. Patent No. 2022/0338545 to Modified Jang, et al. (hereinafter “Modified Jang-Cali”).
Regarding claim 6, Modified Jang teaches an aerosol generating apparatus comprising a first and second heating assembly in communication with a first and second temperature control button, respectively, and a control unit, wherein the temperature control button(s) adjust the temperature of the heating component (Zhang).
Jang further discloses the temperature at which the first heater is in the range of 200° C. to 240° C. ([0075]).
However, modified Jang does not teach the first temperature control button having an on mode or an off mode, and in the on mode, the temperature at which the first heater unit is driven is adjusted within a range of 180° C. to 240° C.
Modified Jang-Cali, directed to heating an aerosol-generating article ([0002]), teaches an aerosol-generating device with a heating arrangement that may be triggered by pressing an on-off button ([0069]). In addition, modified Jang teaches the first heating segment is heated to a temperature range within a range of 180° C. to 240° C (Jang; [0075], the first temperature may be in a range of 200° C to 300° C, which includes 240° C).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by including an on-off function to the first temperature control button that heats the associated segment of the aerosol-generating article to a value between 180° C and 240° C as taught by Modified Jang-Cali because both modified Jang and Modified Jang-Cali are directed to heating an aerosol generating article. Modified Jang-Cali teaches a heating assembly that prevents fast depletion of an aerosol-forming substrate ([0003]), and this merely involves combining the on-off functionality with a known control button to yield predictable results (see MPEP 2143 I(A)).
Regarding claim 7, as noted supra with respect to the rejection of claim 5, modified Jang teaches an aerosol generating apparatus comprising a first and second heating assembly in communication with a first and second temperature control button, respectively, and a control unit, wherein the second temperature control button may have on-off functionality, and heats the second substrate segment to a temperature within a range of 150° C. to 260° C (Jang; [0075], the second temperature may be in a range of 150° C. to 200° C).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided) and Zhang (CN112289602, hereinafter referring to the English Translation Provided), as applied to claim 5 above, and even further in view of U.S. Patent No. 2022/0183348 to Selby, et al. (hereinafter “Selby”).
Regarding claim 8, Modified Jang teaches an aerosol generating apparatus configured to heat an aerosol generating article.
Jang further discloses the aerosol generating article includes a first filter segment, a second filter segment, and a tobacco medium receiving receptacle (i.e., cavity segment) ([0037] and [0090])
The cavity segment is formed by the first filter (Figure 5),
The cavity segment can be filled with small pieces of tobacco (i.e., granules) ([0038]), and
The first filter segment is located upstream of the cavity segment (Figure 5).
However, Modified Jang does not teach the aerosol generating article comprising the cavity segment formed by a second filter and the second filter segment located downstream of the cavity segment.
Selby, directed to a smoking article containing an aerosol-forming substrate configured to be heated ([0020]), teaches the article comprising a first filter segment (first filter (120a)), a second filter segment (second filter (120b)), and a cavity segment (tobacco section (20)) formed by the first and second filter segments (see Fig. 19) and filled with any substance capable of being heated, such as tobacco granules ([0028]). Selby also teaches the first filter segment is located upstream of the cavity segment, and the second filter segment is located downstream of the cavity segment (see Fig. 19).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by including a smoking article with multiple filters, as taught by Selby, because both modified Jang and Selby are directed to providing a smoking article containing an aerosol-forming substrate configured to be heated, Selby teaches multiple filters with different porosities may allow a manufacturer to selectively choose the airflow through an HNB cigarette ([0054]), and this merely involves rearranging a similar aerosol-generating article to have the second filter downstream the cavity of a similar aerosol-generating device to yield predictable results (see MPEP 2143 I(A)).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided) and Zhang (CN112289602, hereinafter referring to the English Translation Provided), and Selby, as applied to claim 8 above, and even further in view of U.S. Patent No. 2020/0128880 to Gage, et al. (hereinafter “Gage”).
Regarding claim 9, as noted supra with respect to the rejection of claim 8, modified Jang teaches an aerosol generating apparatus configured to heat an aerosol generating article and the atomizing unit adjacent the first heater (Jang Figure 3).
However, modified Jang does not teach when the atomizing unit is in a form of a cartridge.
Gage, directed to providing a smoking article configured to generate an aerosol in response to heat ([0008]), teaches an article comprising an aerosol generating cartridge (68) in fluid communication with the mouth end portion of the article ([0038]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by including an atomizing unit in the form of a cartridge as taught by Gage and insert it in the aerosol generating apparatus of Modified Jang, because both Modified Jang and Gage are directed to providing a smoking article configured to generate an aerosol in response to heat, Gage teaches an atomizing unit that uniformly or more consistently distributes heat between the heating segment (35) and the aerosol generating segment ([0069]), and this merely involves making the atomizing unit a cartridge to yield predictable results (see MPEP 2143 I(A) and MPEP 2144.04 V(C)).
Conclusion
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/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755