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 Note
Claim 1 states that the control circuit is “configured to determine whether the liquid stored in the liquid storage unit has decreased to a threshold after a corresponding preset time point when a resistance change rate of the heating element decreases to a first resistance change rate during a period when the heating element starts for heating.” This wording is much less clear – seemingly implying that the preset time point is related to the resistance change – than the similar recitation found in claim 13 “and further configured to determine whether the liquid stored in the liquid storage unit has decreased to the threshold by comparing the resistance change rate of the heating element with a preset resistance change rate during a heating period after the preset time point.” The Examiner, suggests, but does not compel applicant to adopt similar language into claim 1 as the specification makes clear that the preset time is merely a delay time before the control algorithm is started.
Election/Restrictions
Applicant’s election without traverse of species 1 in the reply filed on 04/06/2026 is acknowledged.
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 3 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.
The claim uses the terms “preferably” 600/800/1000ms which raises indefiniteness as to whether the claim delay times are required or not and which time is being claimed. In addition since the preset time point is a lower boundary these limitations are also broad ranges (i.e. >600ms) followed by two narrower limitations which is also indefinite.
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) 1, 4 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2018/0020735 to Bilat.
Bilat teaches:
Regarding claims 1, 4 and 13: An aerosol generation apparatus, comprising: a liquid storage unit (115), configured to store a liquid for generating an aerosol (¶ [0181]); a heating element (119), configured to heat the liquid (¶ [0181]) ; a liquid transfer unit (117), configured to transfer the liquid stored in the liquid storage unit to the heating element (Fig. 7)t; a power supply (107), configured to supply power to the heating element (¶ [0181]); and a circuit (109),
configured to determine whether the liquid stored in the liquid storage unit has decreased to a threshold by comparing a real-time resistance of the heating element with a preset maximum threshold (¶ [0126] “comparing the initial resistance of the heater or an initial rate of change of resistance of the heater within a range of acceptable values”), during a period when the heating element initially starts for continuous heating to a corresponding preset time point when a resistance change rate of the heating element decreases to a first resistance change rate (¶ [0126] “predetermined time period after”); or determine whether the liquid stored in the liquids storage unit has decreased to the threshold by comparing a difference between the real-time resistance of the heating element and an initial resistance with a preset difference (“resistance of the heater or rate of change of resistance”); and further configured to determine whether the liquid stored in the liquid storage unit has decreased to the threshold by comparing the resistance change rate of the heating element with a preset resistance change rate during a heating period after the preset time point (“until the heater or aerosol forming substrate is replaced”; detecting if there is no substrate and thus no liquid is considered a threshold for liquid).
Allowable Subject Matter
Claims 2, 3, 5-11 and 14-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The rejection provided above is based on a broadest reasonable interpretation of “liquid stored” which cannot be maintained with any of the further specified limitations in the dependent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WOODY A LEE JR whose telephone number is (571)272-1051. The examiner can normally be reached Monday - Friday 0800-1630.
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/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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