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 1-11 are pending and are subject to this Office Action. Claims 10-11 are withdrawn. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election of Claims 1-9 in the reply filed on 06/27/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The disclosure is objected to because of the following informalities:
[0043], Lines 7-8: "bottom cap 64" should read "bottom cover 64"
Appropriate correction is required.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han (KR 20190143146 A, as cited in IDS dated 04/03/2024 and hereinafter citations referring to English Machine Translation).
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With regard to Claim 1, Han, directed to a fine particle generator, teaches (i) a generating device with an outer housing (Fig. 1: #100) comprising an opening (Fig 1: "O") for a cigarette (Fig. 1: #10) to be inserted [0017]. (ii) A cartridge (Fig. 1: #50), meeting the claim limitation of a cavity, receives the cigarette (Fig. 1: #10) through the opening (Fig. 1: "O", [0017]). (iii) A heater (Fig. 1: #20) is configured to vaporize an inhalant substance of the cigarette, allowing a user to inhale the vaporized substance [0005]. (iv) A color sensor (Fig. 3: #60) is configured to emit light and detect reflected light from the cigarette (Fig. 1: #10) to generate RGB values to determine color information of the cigarette [0017]. (v) A control device (Fig. 1: #30) is configured to obtain the RGB values from the color sensor and determine information of the cigarette (Fig. 1: #10) to control a power supply which controls the heater (Fig. 1: #20, [0017]).
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 2, 3, 5, 6, 7, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20190143146 A, as cited in IDS dated 04/03/2024 and hereinafter citations referring to English Machine Translation), as applied to claim 1 above, and further in view of Moloney (WO 2019185747 A1, as cited in IDS dated 04/03/2024).
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With regard to Claim 2, Han teaches wherein the control device (Fig. 1: #30) can determine if the cigarette (Fig. 1: #10) is inserted based on RGB values it receives from the color sensor (Fig. 3: #60) and can turn on power of the device which directly affects the heater (Fig. 1: #20, [0017]). Han further teaches wherein the color sensor (Fig. 3: #60). Han teaches all the limitations of the claims as set forth above, however Han is silent to:
Obtaining first and second color signals within a first preset time before generating the inserted-in-place signal
Moloney, directed to an apparatus for generating aerosol, teaches wherein a controller receives one or more inputs from a sensor arrangement (Pg. 6, Lines 21-22). Moloney further teaches wherein the device operates based on a pre-determined period of time and operates based on sensing during that period of time (Pg. 13, Paragraph 2 & Pg. 15, Lines 3-5). The heater is activated only after the sensor arrangement detects that an article has been inserted (Pg. 15, Lines 3-5). One of ordinary skill in the art would find it obvious to combine the time-based evaluation of Moloney to the color-based signals of Han to ensure proper detection of an inserted article and limit heating when an article is inserted improperly (Pg. 9, Lines 18-25).
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 controller of Han to obtain first and second color signals within a first preset time before generating the inserted-in-place signal because both Han and Moloney are directed to detecting inserted aerosol generating articles to improve controlled heating. Moloney teaches controller signals that are determined based over a period of time to ensure proper detection of an inserted article and limit heating when an article is inserted improperly (Pg. 9, Lines 18-25) and this merely involves combining prior art elements according to known article insertion methods to yield predictable results.
With regard to Claim 3, Han teaches wherein (i) the control device can display the type and taste of the cigarette inserted into the device based on RGB values received from the color sensor [0017]. Han teaches all the limitations of the claims as set forth above, however Han is silent to:
Determine corresponding temperature configuration information according to the type of the aerosol-generation product
Control power supplied to the heater according to the temperature configuration information
Moloney, directed to an apparatus for generating aerosol, teaches (i) a controller able to determine parameters of an article based on a sensor, and can tailor a heat profile for the article based on the parameters (Pg. 9, Lines 27-30). (ii) The controller may control supply of power to the heater to produce the tailored heat profile to provide an optimized heating profile for a specific aerosol generating substrate (Pg. 9, Lines 30-32).
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 controller of Han to determine corresponding temperature configuration information according to the type of the aerosol-generation product and control power supplied to the heater according to the temperature configuration information because both Han and Moloney are directed to lowering the risk of combustion in aerosol generating articles. Moloney teaches a controller that can tailor a heating profile for an aerosol generating article to lower the risk of burning or combustion (Pg. 5, Lines 1-3) and this merely involves applying a known controlling configuration to a known controller ready for improvement to yield predictable results.
With regard to Claim 5, Han teaches wherein (i) the control device can determine if the cigarette is inserted based on RGB values it receives from the color sensor and can turn on power of the device which directly affects the heater [0017]. One of ordinary skill in the art would understand that failing to satisfy an insertion determination would correspond to a non-inserted condition using the same color analysis. (ii) Further, based on the combination of RGB values not being met, the controller would also stop power from being delivered to the heater and would be a predictable use of controlling and sensing elements according to their known functions, involving routine control and analysis known in the prior art once heater activation and deactivation is already controlled by the controller (MPEP 2144).
With regard to Claim 6, Han teaches wherein (i) the control device can determine if the cigarette is inserted based on RGB values it receives from the color sensor and can turn on power of the device which directly affects the heater [0017]. One of ordinary skill in the art would understand that detecting insertion after failing to satisfy an insertion determination would correspond to the same color analysis Han uses when the article is initially inserted. (ii) Further, based on the combination of RGB values being met, the controller would also allow power to start being delivered to the heater and calculate a heating time based on parameters obtained from the article and past stored inputs [0017]. It would be a predictable use of controlling and sensing elements according to their known functions, involving routine control and analysis known in the prior art (MPEP 2144).
With regard to Claim 7, Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
Wherein the controller is configured to control the heater to be in an off state in a case that only a second color signal generated by the color detection apparatus is obtained within a first preset time or in a case that a second color signal and a fourth color signal generated by the color detection apparatus are sequentially obtained within a first preset time
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Moloney teaches wherein the controller (Fig. 3: #116) may determine parameters of the article (Fig. 3: #102), such as whether the article is genuine, based on one or more received inputs (pg. 8, Lines 18-21). The controller (Fig. 3: #116) may activate the heater (Fig. 3: #120) or limit activation of the heater (Fig. 3: #120) based on a determined parameter of the article (Pg. 9, Lines 19-253). One of ordinary skill in the art would find it obvious to combine the color dependent operation system of Han with the parameter influenced power supply of Moloney to reduce the likelihood of consumers having a poor experience (Pg. 9, Lines 23-25).
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 controller of Han to wherein the controller is configured to control the heater to be in an off state in a case that only a second color signal generated by the color detection apparatus is obtained within a first preset time or in a case that a second color signal and a fourth color signal generated by the color detection apparatus are sequentially obtained within a first preset time because both Han and Moloney are directed to lowering the risk of combustion in aerosol generating articles. Moloney teaches a controller that determines when power is supplied to a heater based on parameters of an article to reduce the likelihood of consumers having a poor experience (Pg. 9, Lines 23-25) and this merely involves combining prior art elements according to known heat control techniques ready for improvement to yield predictable results.
With regard to Claim 8, modified Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
Wherein the controller is configured to generate prompt information in a case that only the second color signal generated by the color detection apparatus is obtained within a preset time or in a case that the second color signal and the fourth color signal generate by the color detection apparatus are sequentially obtained within the first preset time
A prompt module, configured to receive the prompt information and prompt a user that there is an abnormality
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Moloney teaches (i) wherein the controller (Fig. 3: #116) may determine parameters of the article (Fig. 3: #102), such as whether the article is genuine, based on one or more received inputs (pg. 8, Lines 18-21).One of ordinary skill in the art would find it obvious to combine the color dependent operation system of Han with the parameter influenced power supply of Moloney to reduce the likelihood of consumers having a poor experience (Pg. 9, Lines 23-25). (ii) The controller may authorize a visual, audible, or haptic indication to prompt a user when an article is not recognized (Pg. 19, Lines 17-21).
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 modified Han to wherein the controller is configured to generate prompt information in a case that only the second color signal generated by the color detection apparatus is obtained within a preset time or in a case that the second color signal and the fourth color signal generate by the color detection apparatus are sequentially obtained within the first preset time and to comprise a prompt module, configured to receive the prompt information and prompt a user that there is an abnormality because both Moloney and Han are directed to lowering the risk of combustion in aerosol generating articles. Moloney teaches a controller that provides an indication to prompt a user when an article is not recognized (Pg. 19, Lines 17-21) and this merely involves combining known prior art elements according to known article identification techniques ready for improvement to yield predictable results.
With regard to Claim 9, Han teaches wherein the control device is configured to obtain RGB values from the color sensor to control power delivered to the heater [0017] and all the limitations of the claims as set forth above, however modified Han is silent to:
An input module, configured to receive a start instruction inputted by a user to generate a start signal
The controller, further configured to receive the start signal, and control the color detection apparatus to start according to the start signal
Moloney teaches wherein (i) the apparatus may include a user-operable control element, such as a bottom or switch, to operate the apparatus when pressed (Pg. 5, Lines 29-30). (ii) The controller may receive a signal from the control element to activate the heater (Pg. 7, Lines 22-24). One of ordinary skill in the art would find it obvious to combine the user input detection qualities of Moloney and color detecting qualities Han both affect the start signal of the device to improve control of heat applied to an article (Pg. 7, Lines 22-24).
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 modified Han to comprise an input module, configured to receive a start instruction inputted by a user to generate a start signal and the controller, further configured to receive the start signal, and control the color detection apparatus to start according to the start signal because both Han and Moloney are directed to improving control of heat applied to articles in aerosol generating devices. Moloney teaches a user-operable control element that works with a controller to improve control of heat applied to an article (Pg. 7, Lines 22-24) and this merely involves combing prior art elements according to known heat control methods to yield predictable results.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20190143146 A, as cited in IDS dated 04/03/2024 and hereinafter citations referring to English Machine Translation) and Moloney (WO 2019185747 A1, as cited in IDS dated 04/03/2024), as applied to claims 1 and 2 above, and further in view of Czapar (US 20210007407 A1).
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With regard to Claim 4, Han teaches wherein the control device (Fig. 1: #30) can determine if the cigarette (Fig. 1: #10) is inserted based on RGB values it receives from the color sensor (Fig. 3: #60) and can turn on power of the device which directly affects the heater (Fig. 1: #20, [0017]). Modified Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
Obtaining third and fourth color signals within a second preset time before generating the pull-out signal
Czapar, directed to temperature adjustment of a vaporizer device, teaches detecting removal of a cartridge [0112] and defines a timeout period or cartridge detection period, lowering the temperature of the heater until it is off [0106]. One of ordinary skill in the art would have found it obvious to combine Czapar’s time-based removal detection to Han’s color-based signals because Han already bases heater activation off color signals obtained from an article. Applying the removal detection technique of Czapar to Han would prevent heating after product removal and improve power conservation of the device [0105 – 0106].
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 controller of modified Han to obtain third and fourth color signals within a second preset time before generating the pull-out signal because both Han and Czapar are directed to detecting the condition of an aerosol generating article within a device. Czapar teaches time-based removal detection of a cartridge to prevent heating after product removal and improve power conservation of the device [0105 – 0106] and this merely involves combining prior art elements according to known article insertion methods to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755