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
Claims 1 and 3-17 are currently pending and are subject to this office action. Claims 1, 3, 12 and 15 are amended. Claims 16 and 17 are newly added. This office action is in response to Applicant’s amendment filed on 04/06/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 04/06/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 7-8, filed 04/06/2026, with respect to the rejection of claim 15 under 35 U.S.C. 112(b) have been fully considered and are not persuasive. The Applicant argues that one of ordinary skill in the art would have understood that the aerosol generating apparatus may include the flow path as claimed and the airflow path may be modified to extend from the second cartridge directly to the first filter segment.
The Examiner respectfully disagrees. As shown in Figure 3 of the claimed invention, the aerosol generating article is arranged in a linear configuration where the first filter (Fig. 3: #211), the cavity segment (Fig. 3: #212), and the second filter segment (Fig. 3: #213) are aligned along the same axis such that the cavity segment is positioned between both filter segments. Accordingly, aerosol traveling from the second cartridge toward the first filter segment would have to pass through the cavity segment unless an alternative pathway is provided. Although the Applicant provides an illustration (see page 8 of the arguments) of a proposed flow path bypassing the cavity segment, it is still unclear nor disclosed in the specification how the flow path from the second cartridge to the first filter segment is formed to bypass the cavity segment. The Applicant cites pages 23 and 24 of the specification as support, however, the specification only restates the claimed result without going into detail on where the flow path is located, how it is formed, or how it is configured relative to the cavity segment to achieve aerosol not passing through it. Therefore, it remains unclear how aerosol is directed form the second cartridge to the first filter segment without passing through the cavity segment and one of ordinary skill in the art would not be able to determine the bounds of the claimed invention. Thus, claim 15 remains indefinite.
Applicant’s arguments, on pages 9-13, filed 04/06/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant argues that Reevell functions as an aerosol generating article itself and that there is no suggestion in Reevell for its elements to configured to be part of an aerosol generating apparatus, separate form an aerosol generating article.
The Examiner respectfully disagrees. Reevell discloses an aerosol-generating device, relating to the apparatus of the claimed invention, comprising receiving chambers (Fig. 11: #10, #11) to receive consumables (Fig. 11: #30, #31; Col. 12, Lines 41-45), relating to an aerosol generating article of the claimed invention. These consumables (Fig. 11: #30, #31) are removable and are separate structural attachments to the aerosol-generating device (Col. 12, Lines 56-57). The fact that Reevell does not specifically label its components as an "aerosol generating apparatus" and a separate "aerosol generating article" does not mean that there is not a structural distinction between the components. Further, the rejection relies on the combination of Reevell with Jeong which discloses a housing configured to receive a smoking article. Even if Reevell were interpreted as disclosing an integrated configuration, Jeong teaches the separate article component. One of ordinary skill in the art would have found it obvious to modify Jeong with the consumable and heating features of Reevell to provide users the option of a desirable flavor-based experience (Col. 6, Lines 32-34).
Applicant’s arguments, on pages 13-15, filed 04/06/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant has amended claim 1 to include limitations of now canceled claim 2. The Applicant argues that the mouth end of McLaughlin functionally corresponds to a mouthpiece and mapping it as a filter segment is a functional mismatch. Further, adding the filter of Jeong would be duplicative and would require a structural redesign.
The Examiner respectfully disagrees. The previous rejection does not propose substituting Mclaughlin for Jeong in its entirety, but rather modifying the aerosol-generating article of Jeong to incorporate the consumable structure taught by McLaughlin. Specifically, McLaughlin discloses a tobacco rod configuration including multiple filter segments and a tobacco derived portion [0034]. The prior art also points to benefits of its consumable configuration by how it lowers the risk of inhaling unintended products and lowers manufacturing costs [0013]. Mclaughlin discloses two filter portions (Fig. 1: #1, #3), where the distal filter portion (Fig. 1: #1) does not function as a mouth-piece filter. The distal filter portion (Fig. 1: #1) of McLaughlin is in a different location as the filter (Fig. 2: #52) of Jeong and duplication in the same area of Jeong would not occur. Furthermore, the filter of Jeong acting as both a mouthpiece and filter does not impose a functional contradiction. Generated aerosol would simply pass through one side of the filter (Fig. #52) before smoke leaves out of the other side of the filter to be delivered to a user. Components acting as both a mouthpiece for a user to inhale generated aerosol and to filter the generated aerosol before reaching the user is well known in the art.
The following are modified rejections based on Applicant’s amendments to the claims.
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.
Claim 15 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.
With regard to Claim 15, the phrase “without the aerosol passing through the cavity segment” renders the claim indefinite because it is unclear how the claimed flow path avoids the cavity segment, while the cavity segment is formed between the second cartridge and the first filter segment. The specification restates the claimed result without going into detail on where the flow path is located, how it is formed, or how it is configured relative to the cavity segment to achieve aerosol not passing through it. Therefore, it is not clear how the claimed function can be achieved. There is no explanation of how aerosol can get to the first filter segment without passing through the cavity since the cavity is formed with one end being the first filter and the circumference being bound by the housing. As there does not appear to be a reasonable interpretation of how the flow path is to be positioned without further clarification, no prior art rejection for claim 15 can be provided at this time.
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, 3, 4, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (WO 2020222530 A1, hereinafter citations referring to English language equivalent US 20230346025 A1), and further in view of Reevell (US 11311047 B2, as cited in IDS dated 11/12/2025), Hoffman (US 20180020727 A1), and Mclaughlin (US 20200113227 A1).
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With regard to Claim 1, Jeong, directed to a complex heating type aerosol generating device, teaches (i) an aerosol generating system [0116] comprising an aerosol generating device [0010], comprising an outer body (Fig. 15: #100) with a cavity into which a smoking article (Fig. 15: #50) is inserted [0113]. (ii) The device includes a heat blade (Fig. 15: #144) for insertion into the smoking article to heat the tobacco filler of the smoking article [0131].
Jeong further teaches (iii) a liquid cartridge comprising aerosol forming substrate (Fig. 15: #56, [0081]). (iv) A second cartridge is included (Fig. 15: #58) including nicotine [0085] and a second aerosol forming substrate [0081]. (v) A heat pipe (Fig. 14: #141a) heats the first cartridge (Fig. 14: #58), meeting the claim limitation of a first cartridge heater unit heating the first cartridge.
(vi) A second heat pipe (Fig. 14: #141b) heats the second cartridge (Fig. 14: #56, [0162]), meeting the claim limitation of a second cartridge heater unit heating the second cartridge. (vii) The device also comprises a control unit (Fig. 15: #120) that controls the first and second heating means to generate aerosol [0021], meeting the claim limitation of a control unit controlling the aerosol generating apparatus to operate in a set mode of a smoky mode. (vii) The smoking article (Fig. 15: #50) also comprises a filter (Fig. 14: #52, [0082]). Jeong teaches all of the limitations of the claims as set forth above, however Jeong is silent to:
The first cartridge heater unit configured to heat the first aerosol forming agent delivered via a liquid delivery means of the first cartridge
The second cartridge heater unit configured to heat the second aerosol forming agent delivered via a liquid delivery means of the second cartridge
Wherein the heater unit, the first cartridge, the second cartridge, the first cartridge heater unit, the second cartridge heater unit, and the control unit are in the aerosol generating apparatus, outside of the aerosol generating article
Wherein the aerosol generating apparatus operates in a set mode of a smokeless mode
Wherein the aerosol generating article comprises a tobacco rod
Wherein the tobacco rod comprises a second filter segment and a cavity segment formed by the first filter segment and the second filter segment
Wherein the cavity segment is filled with tobacco granules
Wherein the heater unit is configured to heat the cavity segment
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In regards to i., ii., and iii., Reevell, directed to an aerosol-generating device, teaches (i) a first and second receiving chamber (Fig. 11: #10 & 11) comprising consumables (Fig. 11: #30 & #31) that may each include at least one of a heating element (Fig. 11: #60 & #63, [10]). The first consumable (Fig. 11: #30) contains liquid that is supplied by a wick material, meeting the claim limitation of a liquid delivery means, to a coil heater to be heated and evaporated (Col. 13, Lines 49-51). (ii) The second consumable (Fig. 11: #31) may contain liquid (Col. 7, Lines 9-19) and may be heated by a separate heating element (Col. 2, Lines 4-9).
One of ordinary skill in the art would understand that by Reevell disclosing that the second consumable may be liquid and have its own heating element, that the same wick delivery means applied to the first consumable can be applied to the second consumable of the device. (iii) The area of the two heating elements, the first and second receiving chambers (Fig. 11: #10 & 11), the two heating elements (Fig. 11: #60 & #62), and a controller (Fig. 11: #17) are all held within the aerosol-generating device housing.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of Jeong to include a first cartridge heater unit configured to heat the first aerosol forming agent delivered via a liquid delivery means of the first cartridge; a second cartridge heater unit configured to heat the second aerosol forming agent delivered via a liquid delivery means of the second cartridge, and wherein the heater unit, the first cartridge, the second cartridge, the first cartridge heater unit, the second cartridge heater unit, and the control unit are in the aerosol generating apparatus outside of the aerosol generating article, because both Jeong and Reevell are directed to improving user experience by giving the option to select different flavors of smoke. Reevell teaches first and second receiving chambers that may each include liquid and separate heating elements within an aerosol generating device to provide users the option of a desirable flavor-based experience (Col. 6, Lines 32-34) and this merely involves combining prior art elements according to known flavoring methods to yield predictable results.
In regards to iv., Hoffman, directed to an electronic smoking device and charger, teaches an operating mode with various sub modes. One of the sub modes may be a stealth mode, used to minimize visibility of the vapor of an e-cigarette [0054], meeting the claim limitation of wherein the aerosol generating apparatus operates in a set mode of a smokeless mode.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the aerosol generating apparatus of Jeong to operate in a set mode of a smokeless mode because both Jeong and Hoffman are directed to controlling the activation and heating of an atomizer in a smoking device. Hoffman teaches a stealth operating mode to minimize visibility of the vapor of an e-cigarette and this merely involves the use of a known technique to improve a similar aerosol related device in the same way.
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In regards to v., vi., vii., and viii., Mclaughlin, directed to a tobacco containing consumable, teaches (v) a tobacco containing consumable in rod form that can be joined with an aerosol generating article, as shown in Figure 7. (vi) The tobacco containing consumable comprises a distal filter portion (Fig. 1: #1), a mouth-end filter (Fig. 1: #3), and a tobacco derived portion (Fig. 1: #2) is formed between the distal filter portion (Fig. 1: #1) and the mouth-end filter (Fig. 1: #3, [0043]). (vii) The tobacco derived portion (Fig. 1: #2) may comprise tobacco in the form of granules [0034]. (viii) The tobacco derived portion (Fig. 1: #2) may be directly heated by a heat source [0062]. One of ordinary skill in the art would be motivated to modify the aerosol generating article of Jeong with the consumable of Mclaughlin to lower the risk of inhaling unintended products and lower manufacturing costs [0013].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the aerosol generating article of modified Jeong to comprise a tobacco rod, wherein the tobacco rod comprises a first filter segment, a second filter segment, and a cavity segment formed by the first filter segment and the second filter segment, wherein the cavity segment is filled with tobacco granules, and wherein the heater unit is configured to heat the cavity segment because both Mclaughlin and Jeong are directed to reducing contamination in smoke delivered to users. Mclaughlin teaches a tobacco containing consumable with two filters that form a portion containing tobacco granules to lower the risk of inhaling unintended products and lower manufacturing costs [0013] and this merely involves applying a known rod to a known aerosol generating article ready for improvement to yield predictable results.
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With regard to Claim 3, Jeong teaches a filter section that is located at a downstream end of a smoking article [0111], meeting the claim limitation of a filter rod located downstream of the tobacco rod. The filter may function as a mouthpiece (Fig. 15: #52, [0111]), meeting the claim limitation of wherein the first filter segment comprises a mouthpiece segment. The filter section may include a tube filter (Fig. 15: #54) that serves as a cooling structure [0099], meeting the claim limitation of wherein the filter rod comprises a cooling segment.
With regard to Claim 4, Jeong teaches a control unit that controls the first and second heating means of the device according to a sensed value by directing power from the battery to generate aerosol [0011], wherein the two heat pipes are seen as heating means [0162].
With regard to Claim 10, Jeong teaches wherein the second aerosol forming substrate may be a liquid cartridge [0013]. A liquid composition of the liquid cartridge contains flavoring, comprising nicotine, that is 10% or less of the total weight of the liquid composition [0085]. There is a significant amount of overlap in the range of weight percentage of 0.1 to 5 wt% in the claimed invention. The claimed range overlaps the range disclosed by the prior art is therefore considered prima facies obvious.
With regard to Claim 11, modified Jeong teaches all of the limitations of the claims as set forth above, however modified Jeong is silent to:
Wherein the control unit is further configured to operate the heater unit, without operating the first cartridge heater unit and the second cartridge heater unit, in response to a determination that the set mode is the smokeless mode
Hoffman, directed to an electronic smoking device and charger, teaches an operating mode with various sub modes, one being a stealth mode to minimize visibility of the vapor of an e-cigarette [0057]. To cause the e-cigarette to generate less vapor, a heater coil is set to a lower temperature [0057] controlled by control electronics that check usage of the e-cigarette [0058]. One of ordinary skill in the art would find it obvious to apply the invisible smoke techniques of the singular heater coil of Hoffman with the heater units offering a smokey mode of modified Jeong to offer a mode that minimizes vapor visibility.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the control unit of modified Jeong to operate only the heater unit in response to a determination that the set mode is in the smokeless mode because both Jeong and Hoffman are directed to controlling the activation and heating of an atomizer in smoking device. Hoffman teaches a heater coil set to a lower temperature in response to a stealth mode of an electronic cigarette to minimize vapor visibility and this merely involves applying a known heating technique of a similar aerosol generating product ready for improvement to yield predictable results.
Claims 5, 6, 7, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (WO 2020222530 A1, hereinafter citations referring to English language equivalent US 20230346025 A1), Reevell (US 11311047 B2, as cited in IDS dated 11/12/2025), Hoffman (US 20180020727 A1), and Mclaughlin (US 20200113227 A1), as applied to claims 1 and 4 above, and further in view of Raichman (US 20180104214 A1).
With regard to Claim 5, Jeong teaches a control unit that controls the first and second heating means of the device according to a sensed value by directing power from the battery to generate aerosol [0011], wherein the two heat pipes are seen as heating means [0162]. Modified Jeong teaches all of the limitations of the claims as set forth above, however modified Jeong is silent to:
Wherein the control unit is configured to operate in a normal mode of the smoky mode, a boosting mode of the smoky mode, and a composite boosting mode of the smoking mode.
Raichman, directed to a vaporizing device, teaches wherein a vaporizer can be heated through three heating stages of different temperatures to form aerosol [0164], when the device is powered on [0176]. A person of ordinary skill in the art would find it obvious to combine the control unit operating the heating units of modified Jeong to the three heating stages of forming aerosol of Raichman to effectively form plant material vapor [0168] and remove humidity [0163] with respect to their desired heating units.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the smoky mode of modified Jeong to include a normal mode, a boosting mode, and a composite boosting mode because both Jeong and Raichman are directed to aerosol generation devices with various heating means. Raichman teaches a vaporizer with three different temperature heating stages to form plant material vapor [0168] and remove humidity from plant material [0163], and this merely involves applying a known three-stage heating temperature function to a similar aerosol generating device for improvement to yield predictable results.
With regard to Claim 6, Jeong teaches wherein a control unit controls a first heating means of an aerosol generating device [0078]. The first heating means is provided to heat a first aerosol forming substrate within a first temperature range [0078]. The control unit control the first heating means and/or the second heating means according to a sensed value [0021]. One of ordinary skill in the art would find it obvious to interpret a first heating means as a normal mode as they both pertain to selective operational states of a device, meeting the claim limitation of wherein the control unit is further configured to operate the first cartridge heater unit in response to a determination that the set mode is the normal mode.
With regard to Claim 7, Jeong teaches wherein a control unit controls a second heating means of an aerosol generating device [0078]. The second heating means is proved to heat a second aerosol forming substrate within a second temperature range [0078]. The control unit control the first heating means and/or the second heating means according to a sensed value [0021]. One of ordinary skill in the art would find it obvious to interpret a second heating means, separate from the first heating means, as a boosting mode because both pertain to selective operational states of a device, meeting the claim limitation of wherein the control unit operates the second cartridge heater unit in response to a determination that the set mode is the boosting mode.
With regard to Claim 8, Jeong teaches wherein a control unit controls first and second heating means of aerosol generating device [0078]. The first heating means is operated within a first temperature range and the second heating means is operated within a second temperature range [0078]. The temperature conditions may be reverse and the second temperature range may overlap with the first temperature range causing the wrapping paper to be partially scorched [0186].
It would have been obvious to one of ordinary skill that the overlapping of temperature ranges would cause both heating means to activate, leaving the wrapping paper partially scorched. The simultaneous heating can be interpreted as another mode of heating, separate from the first and second heating mode, as a composite boosting mode because both pertain to selective operational states of a device, meeting the claim limitation of wherein the control unit is further configured to operate both the first cartridge heater unit and the second cartridge heater unit in response to a determination that the set mode is the composite boosting mode.
With regard to Claim 9, Jeong teaches wherein (i) the control unit controls the second heating means based on a user’s puff volume [0021]. (ii) The second heating means is used to heat the second aerosol forming substrate within a second temperature range [0078], wherein the second aerosol forming substrate may be a liquid cartridge [0013] or tobacco filler [0014] containing nicotine [0085]. (iii) The second heating means is used to heat the second aerosol forming substrate within a second temperature range [0078] and can overlap with the first heating means [0186], as mentioned above, relating to the boosting and composite boosting mode.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Jeong (WO 2020222530 A1, hereinafter citations referring to English language equivalent US 20230346025 A1), Reevell (US 11311047 B2, as cited in IDS dated 11/12/2025), Hoffman (US 20180020727 A1), and Mclaughlin (US 20200113227 A1), as applied to claim 1 above, and further in view of Batista (WO 2021001267 A1).
With regard to Claim 12, modified Jeong teaches all of the limitations of the claims as set forth above, however modified Jeong is silent to:
Wherein the heater unit is disposed to heat only the cavity segment
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Batista, directed to an inductive heating arrangement, teaches wherein a heating element with three heating susceptors (Pg. 25: Lines 28-30). An intermediate element is disposed between each susceptor (Fig. 3: #128 and #130). The intermediate elements may comprise a thermally insulative material for thermally insulating the susceptors from each other (Pg. 26, Lines 26-28), enabling selective heating of a first, second, or third region (Fig. 4: #134, #136, and #138) of the cavity (Fig. 4: #140) with minimal heating of other portions (Pg. 12, Lines 10-15), meeting the claim limitation of wherein the heater unit is disposed to heat only the cavity segment.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater unit of modified Jeong to be disposed to heat only the cavity segment because both Jeong and Batista are directed to multiple aerosol generating regions with multiple means of heating. Batista teaches intermediate elements with thermally insulative material to selectively heat first, second, and third regions of a cavity and this merely involves the use of a known heating control technique to improve a similar aerosol generating article in the same way.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Jeong (WO 2020222530 A1, hereinafter citations referring to English language equivalent US 20230346025 A1), Reevell (US 11311047 B2, as cited in IDS dated 11/12/2025), Hoffman (US 20180020727 A1), and Mclaughlin (US 20200113227 A1), as applied to claim 1 above, and further in view of Garcia (WO 2021175640 A1).
With regard to Claim 13, Jeong teaches a control unit that controls heating means of the device according to a sensed value by directing power from the battery to generate aerosol [0011], modified Jeong teaches all of the limitations of the claims as set forth above, however modified Jeong is silent to:
Wherein the control unit is further configured to reheat the heater units based on temperature of the heater unit, the first cartridge heater unit, and the second cartridge heater unit being outside set temperature ranges after the heater unit, the first cartridge heater unit, and the second cartridge heater unit are initially preheated
Wherein the heater unit, the first cartridge heater unit, and the second cartridge heater unit are driven in such a way that they are reheated when their temperatures deviate from set ranges after they are initially preheated
Garcia, directed to an aerosol generation device, teaches a controller configured to control power supplied to a heating element when an activation temperature is reached (Claim 1). The activation temperature is used to supply power to a heating element after the activation temperature threshold is met (Pg. 3, Line 5-9), a first temperature to reach a ready for inhalation status (Pg. 10, Lines 28-31), and a second temperature where the temperature starts to lower and indicates the end of a full vaping cycle (Pg. 11, Lines 20-25). After a user is notified of the end of a vaping cycle and has reached levels below the activation temperature, the device can be switched on and go through the process again (Pg. 3, Line 17-21). It would have been obvious to one of ordinary skill in the art to combine the structure of the three heater units of modified Jeong with the three temperature thresholds of Garcia to initiate reheating of the device after the user has paused use, meeting the claim limitation of wherein the heater unit, the first cartridge heater unit, and the second cartridge heater unit are driven in such a way that they are reheated when their temperatures deviate from set ranges after they are initially preheated.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater unit, first heater unit, and second heater unit of modified Jeong to include where they are driven to be reheated when their temperatures deviate from set ranges after they are initially preheated because both Jeong and Garcia are directed to controlling heating temperatures in aerosol generating devices. Garcia teaches three temperatures indicating different parts of a vaping cycle to ensure consistent user vaping experience with short and long-time intervals between vaping cycles (Pg. 2, Lines 20-22) and this merely involves combining the reheating capabilities of a heater based on target temperatures of one prior art with three heaters of another prior art to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Jeong (WO 2020222530 A1, hereinafter citations referring to English language equivalent US 20230346025 A1), Reevell (US 11311047 B2, as cited in IDS dated 11/12/2025), Hoffman (US 20180020727 A1), Mclaughlin (US 20200113227 A1), and Raichman (US 20180104214 A1), as applied to claims 1, 4, and 5 above, and further in view of Nakano (EP 3841897 A1).
With regard to Claim 14, modified Jeong teaches all of the limitations of the claims as set forth above, however modified Jeong is silent to:
A switch on an outer wall surface of the housing
Wherein the switch is configured to set the smoky mode or the smokeless mode
Wherein the switch is configured to set from among of the normal mode, the boosting mode, and the composite boosting mode in a case where the smoking mode is selected
In regards to i. and ii., Nakano teaches (i) wherein a suction component generator comprises an input unit in the form of a touch-panel or push button [0078], similar in function to the switch, used to select a mode. The input unit must be accessible to the user, making it obvious that the input unit would be located on an outer wall surface of the housing. (ii) The input unit may be used to set a target value of the aerosol to be generated and adjusts the control unit based on these target values [0079]. The determination of a mode being smokeless is determined by when a target value of the aerosol is reached [0121], meeting the claim limitation of wherein the switch is configured to set the smoky or smokeless mode
Therefore, before the effective filing date of the claimed invention, it would have been obvious
for one of ordinary skill in the art to modify the housing of modified Jeong to include a switch, wherein
the switch sets the smoky mode or the smokeless mode for the first heater unit because both Jeong and Nakano are directed to aerosol generation devices with controlling means for heaters. Nakano teaches an input unit used to select a mode based on set target values for aerosol to be generated and this merely involves the use of a known temperature controlling switch component to improve a similar
aerosol generating device in the same way.
In regards to iii., Raichman teaches (iii) a user interface, which may be a touchscreen display or
buttons, connected to a control circuitry responsible for controlling and determining the heating profile
going through the vaporizing unit [0095]. The heating profile comprises a three-stage heating process of
different temperatures to generate aerosol [0164], meeting the claim limitation of wherein the switch is configured to set any one from among the normal mode, the boosting mode, and the composite boosting mode in a case when the smoking mode is selected.
Therefore, before the effective filing date of the claimed invention, it would have been obvious
for one of ordinary skill in the art to modify the second heater unit of modified Jeong to include wherein the switch is a means for setting the normal mode, boosting mode, and composite boosting mode because both Jeong and Raichman are directed to aerosol generation devices with various heating means. Raichman teaches a user interface connected to a control circuitry responsible for controlling the heating profile of a three-stage heating process to form plant material vapor [0168] and remove humidity from plant material [0163] and this merely involves the use of a known temperature controlling switch component to improve a similar aerosol generating device in the same way.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (WO 2020222530 A1, hereinafter citations referring to English language equivalent US 20230346025 A1), Reevell (US 11311047 B2, as cited in IDS dated 11/12/2025 and referred to as Reevell ‘047), Hoffman (US 20180020727 A1), and Mclaughlin (US 20200113227 A1), as applied to claim 1 above, and further in view of Reevell (US 20170245551 A1, hereinafter referred to as Reevell ‘551).
With regard to Claim 16, Jeong teaches first and second heat pipes that can be operated together [0165]. A control unit supplies power to these heat pipes to generate aerosol [0078]. Modified Jeong teaches all the limitations of the claims as set forth above, however modified Jeong is silent to:
Operate both the first cartridge heater unit and the second cartridge heater unit in response to a determination of the set mode
Stop operation of second cartridge heater unit in the set mode based on a transfer amount of nicotine in the aerosol generating apparatus reaching a threshold
Reevell '551, directed to aerosol-generating systems, teaches (i) wherein electric circuitry may be configured to determine whether to active a heater, in multiple heating periods [0011], based on a previously determined liquid level [0082]. The heater is activated differently depending on certain conditions [0048-0049]. (ii) Reevell '551 further teaches that when it performs temperature measurement aligned with the amount of liquid present and consumed [0043], corresponding to depletion of liquid and aerosol generation [0114]. These measurements allow estimation of the amount of aerosol produced, which is then reflected in the calculated puff volume. The calculated puff volume controls the cutting or supplying of power to the heater [0008]. One of ordinary skill in the art would have found it obvious to implement Reevell' 551's threshold based control to the control of the first and second cartridge heater units of modified Jeong to avoid wasting aerosol generating material [0048].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the first and second cartridge heater unit of modified Jeong to operate both the first cartridge heater unit and the second cartridge heater unit in response to a determination of the set mode and stop operation of second cartridge heater unit in the set mode based on a transfer amount of nicotine in the aerosol generating apparatus reaching a threshold because both Jeong and Reevell '511 are directed to improving control of aerosol generation by adjusting heater operation. Reevell teaches electric circuitry that determines when to operate and stop a heater to avoid wasting aerosol generating material [0048] and control a supply of power to a heater [0103] and this merely involves applying a known control technique to a known device ready for improvement to yield predictable results.
With regard to Claim 17, Jeong teaches first and second heat pipes that can be operated together [0165]. A control unit supplies power to these heat pipes to generate aerosol [0078]. Modified Jeong teaches all the limitations of the claims as set forth above, however modified Jeong is silent to:
Wherein the control unit is further configured to operate the second cartridge heater unit, in addition to the first cartridge heater unit, based on a transfer amount of nicotine in the aerosol generating apparatus being below a threshold
Reevell ' 551, teaches wherein electric circuitry may be configured to determine whether to active a heater, in multiple heating periods [0011], based on a previously determined liquid level [0082]. The heater is activated differently depending on certain conditions [0048-0049]. Reevell '551 further teaches that it performs temperature measurement aligned with the amount of liquid present and consumed [0043], corresponding to depletion of liquid and aerosol generation [0114]. These measurements allow estimation of the amount of aerosol produced, which is then reflected in the calculated puff volume. The calculated puff volume controls the cutting or supplying of power to the heater [0008]. One of ordinary skill in the art would have found it obvious to implement Reevell' 551's threshold based control to the control unit’s simultaneous operation of the first and second cartridge heater units of modified Jeong to avoid wasting aerosol generating material [0048].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the first and second cartridge heater unit of modified Jeong to wherein the control unit is further configured to operate the second cartridge heater unit, in addition to the first cartridge heater unit, based on a transfer amount of nicotine in the aerosol generating apparatus being below a threshold because both Jeong and Reevell '511 are directed to improving control of aerosol generation by adjusting heater operation. Reevell teaches electric circuitry that determines when to operate and stop a heater to avoid wasting aerosol generating material [0048] and control a supply of power to a heater [0103] and this merely involves applying a known control technique to a known device ready for improvement to yield predictable results.
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.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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