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 1-16 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restriction
Applicant's election without traverse of Claims 1-11, and 16 in the reply filed on December 3, 2025 is acknowledged.
Claims 12-15 are withdrawn.
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.
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 1-2, 4-10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2020/0221782 A1, cited on the IDS dated 5/3/2023) in view of Ghanouni (US 2021/0298358 A1).
Regarding Claim 1, Lim, directed to aerosol generating devices ([0001]), teaches an aerosol generation device ([0036]-[0039], Figs. 1-2; Aerosol generating device 10000) comprising:
a vaporizable material storage portion for storing a vaporizable material ([0036]-[0041], Figs. 1-2; Aerosol generating device 10000 comprises vaporizer 14000 (vaporizable material storage portion). [0050]-[0052], Vaporizer 14000 comprises a liquid storage portion for storing a vaporizable liquid composition);
a tobacco article socket configured to receive a tobacco article ([0036]-[0041], Figs. 1-2; Aerosol generating device 10000 comprises heater 13000 defining a tobacco article socket for receiving cigarette 20000 (tobacco article). [0064], Fig. 3; Cigarette 20000 may include a tobacco rod 21000);
a flow channel extending between a flow inlet and a flow outlet, the flow channel defining a vaporizable material channel part passing through the vaporizable material storage portion and a socket channel part passing through the tobacco article socket ([0036]-[0041], [0050], Figs. 1-2; The aerosol generated via the vaporizer 14000 may move along an air flow passage of the aerosol generating device 10000 and the air flow passage may be configured such that the aerosol generated via the vaporizer 14000 passes through the cigarette 20000 to be delivered to the user. [0061] The external air may flow into at least one air passage formed in the aerosol generating device 10000. The air flow passage is a flow channel extending from an air passage formed in the device 10000 (flow inlet) to a flow outlet at the tobacco article socket such that the aerosols can be delivered to the user through the mouth end of the cigarette. The portion of the air flow passage within vaporizer 14000 is the vaporizable material channel part. The portion of the air flow passage within the tobacco article socket is the socket channel part); and
a heating system configured to heat the vaporizable material and the tobacco article to form mixed aerosol in the flow channel ([0039]-[0042], Figs. 1-2; Heater 13000 is configured to heat cigarette 20000 (tobacco article) to generate an aerosol. [0051], [0054]-[0055], Vaporizer 14000 comprises a heating element configured to heat the liquid vaporizable material composition to generate an aerosol. [0050], The aerosols mix in the flow channel. Heater 13000 and the heating element form a heating system), the heating system comprising
a vaporizable material heater for heating the vaporizable material ([0051], [0054]-[0055], Figs. 1-2; Vaporizer 14000 comprises a heating element configured to heat the liquid vaporizable material composition to generate an aerosol) and
a tobacco article heater for heating the tobacco article ([0039]-[0042], Figs. 1-2; Heater 13000 is configured to heat cigarette 20000 (tobacco article) to generate an aerosol),
the tobacco article heater surrounding a tobacco article-receiving hole and being integrated into a delimiting wall delimiting the article-receiving hole or adjacent to the delimiting wall ([0039]-[0049], Figs. 1-2; Heater 13000 (tobacco article heater) surrounds a hole configured to receive cigarette 20000 (tobacco article). [0094]-[0095], Fig. 9; Heater 52, corresponding to heater 13000, may have a cylindrical shape surrounding a cylindrical heat transmission pipe. In this embodiment, the heat transmission pipe is a delimiting wall delimiting the article-receiving hole, and the heater 52/13000 (tobacco article heater) is adjacent to the delimiting wall);
wherein the tobacco article heater further comprises a succession of heating sections arranged along the tobacco article-receiving hole ([0049], Figs. 1-2; The aerosol generating device 10000 may include a plurality of heaters 13000 (heating sections) arranged outside the cigarette 20000 along the tobacco article-receiving hole),
wherein the aerosol generation device comprises a control unit configured to control the activation of the heating sections ([0042]-[0043], Figs. 1-2; Aerosol generating device 10000 comprises controller 12000 to control operations of the heater 13000. [0049], Heater 13000 may comprise a plurality of heaters 13000 (heating sections)),
but does not teach the aerosol generation device wherein the control unit is configured to control the activation of the heating sections according to a predefined heating profile during a vaping session.
Ghanouni, directed to aerosol generating devices ([0006]), teaches an aerosol generation device ([0012]) comprising:
a tobacco article heater for heating a tobacco article, wherein the tobacco article heater further comprises a succession of heating sections ([0012], the invention provides an aerosol-generating device for generating aerosol from an aerosol-generating substrate by heating the substrate without burning, wherein the device comprises at least three heating zones, each disposed to heat a different section of the aerosol-generating substrate. [0080]-[0081], The aerosol generating substrate is a tobacco article),
wherein the aerosol generation device is configured to control the activation of the heating sections according to a predefined heating profile during a vaping session ([0060], Fig. 1 shows a heating profile according to the invention for a device comprising three heating zones for heating three different sections of aerosol-generating substrate. [0098], The device may be configured or programmed to provide a heating profile according to the method aspect of the invention).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configured to control unit of Lim to control the activation of the heating sections according to the heating profile disclosed by Ghanouni during a vaping session because Lim and Ghanouni are directed to aerosol generating devices, Ghanouni demonstrates that the heating profile provides good aerosol delivery to the user whilst optimizing power consumption (Ghanouni, [0120]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 2, Lim in view of Ghanouni teaches the aerosol generation device according to claim 1. Lim further teaches the device, extending along a device axis (X), the vaporizable material storage portion and the tobacco article socket successively arranged along the device axis (X) ([0036]-[0041], Figs. 1; Aerosol generating device 10000 comprises vaporizer 14000 (vaporizable material storage portion), and heater 13000 defining a tobacco article socket for receiving cigarette 20000 (tobacco article). Vaporizer 14000 and heater 13000 are successively arranged along the device axis (vertically as shown in Fig. 1)).
Regarding Claims 4 and 16, Lim in view of Ghanouni teaches the aerosol generation device according to claim 1. Lim further teaches the device wherein the tobacco article heater is configured to heat the tobacco article at a first temperature ([0039]-[0042], Figs. 1-2; Heater 13000 necessarily heats cigarette 20000 (tobacco article) at a first temperature), and the vaporizable material heater is configured to heat the vaporizable material at a second temperature ([0051], [0054]-[0055], Figs. 1-2; Vaporizer 14000 comprises a heating element configured to heat the liquid vaporizable material composition to generate an aerosol). Ghanouni further teaches the device wherein the first temperature is less than 400°C, wherein the first temperature is between 200°C and 399°C ([0055], the aerosol-generation temperature may be in the range of about 120° C. to about 350° C),
but does not teach the device wherein the first temperature and the second temperature are distinct.
While Lim in view of Ghanouni does not explicitly teach the atomizing device wherein the first temperature and the second temperature are distinct, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to configure the device wherein the first temperature and the second temperature are distinct because Lim demonstrates that the first and second temperature can be pre-set and adjusted by a user (Lim, [0046]), Ghanouni provides a very broad range of values for the first temperature (Ghanouni, [0044]), and Lim demonstrates that the tobacco article has a different material composition than the liquid vaporizable material (Lim, [0021]). As one of ordinary skill in the art would recognize that aerosol generating materials having different phases or compositions have different heating requirements, it would have been obvious to try to configure the device wherein the first temperature and the second temperature are distinct.
The ranges for the first temperature disclosed by the prior art overlap the claimed ranges, and therefore the claimed ranges are considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 5, Lim in view of Ghanouni teaches the aerosol generation device according to claim 1. Ghanouni further teaches the device wherein each heating section is configured to be activated independently from each other ([0060]-[0062], Fig. 1; Referring now to FIG. 1, there is shown a heating profile according to the invention for a device comprising three heating zones for heating three different sections of aerosol-generating substrate. Each heating zone (section) is configured to be activated independently from each other).
Regarding Claim 6, Lim in view of Ghanouni teaches the aerosol generation device according to claim 1. Ghanouni further teaches the device wherein the predefined heating profile (P) defines, for each heating section, an activation time interval within the vaping session during which said heating section is to be activated ([0060]-[0062], Fig. 1; Referring now to FIG. 1, there is shown a heating profile according to the invention for a device comprising three heating zones for heating three different sections of aerosol-generating substrate. The profile shown in Fig. 1 defines for each heating zone (section) an activation time interval within the vaping session during which said heating section is to be activated).
Regarding Claim 7, Lim in view of Ghanouni teaches the aerosol generation device according to claim 1. Ghanouni further teaches the device wherein according to the predefined heating profile (P), the heating sections are configured to be activated successively from a first heating section ([0060]-[0062], Fig. 1; Referring now to FIG. 1, there is shown a heating profile according to the invention for a device comprising three heating zones for heating three different sections of aerosol-generating substrate. The profile shown in Fig. 1 activates the heating zones (sections) successively from a first heating section).
Regarding Claims 8-9, Lim in view of Ghanouni teaches the aerosol generation device according to claim 1. Ghanouni further teaches the device wherein the predefined heating profile (P) defines, for each heating section, an activation time interval within the vaping session during which said heating section is to be activated, and wherein the activation time intervals of two successive heating sections are in part superposed within the vaping session on a superposed interval, wherein the duration of the or each superposed interval is between 5% and 50% of the duration of the activation time interval of each heating section of the two successive heating sections ([0060]-[0062], Fig. 1; Referring now to FIG. 1, there is shown a heating profile according to the invention for a device comprising three heating zones for heating three different sections of aerosol-generating substrate. The profile shown in Fig. 1 defines for each heating zone (section) an activation time interval within the vaping session during which said heating section is to be activated. The activation time intervals of “heater 2” and “heater 3” are in part superposed within the vaping session on a superposed interval. The duration of the superimposed interval of “heater 2” and “heater 3” is about 50% of the duration of the activation time interval of each heating section of the two successive heating sections).
The range for duration of the superposed interval disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 10, Lim in view of Ghanouni teaches the aerosol generation device according to claim 8. Ghanouni further teaches the device wherein the succession of heating sections comprises at least three heating sections, the or each group of three heating sections comprises a first heating section, a second heating section and a third heating section arranged successively, wherein, for the or each group of three heating sections, the activation time interval of the first heating section and the activation time interval of the second heating section being in part superposed on a first superposed interval, and, the activation time interval of the second heating section and the activation time interval of the third heating section being in part superposed on a second superposed interval, the first superposed interval and the second superposed interval being disjoint ([0060]-[0062], Fig. 1; Referring now to FIG. 1, there is shown a heating profile according to the invention for a device comprising three heating zones for heating three different sections of aerosol-generating substrate. Initially, a first section is heated to the aerosol-generation temperature, a second section is heated to the intermediate temperature and the third section is warmed to the minimum operating temperature. Subsequently, the second section is heated to the aerosol-generation temperature, the third section is heated to the intermediate temperature and the first section is cooled to the minimum operating temperature. Finally, the third section is heated to the aerosol-generation temperature while the first and second sections are held at the minimum operating temperature. The activation time interval of “heater 1” (first heating section) and the activation time interval of “heater 2” (second heating section) being in part superposed on a first superposed interval. The activation time interval of “heater 2” (second heating section) and the activation time interval of “heater 3” (third heating section) being in part superposed on a second superposed interval, the first superposed interval and the second superposed interval being disjoint. [0079], The heating sections may be arranged successively from a most upstream section to a most downstream section).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2020/0221782 A1, cited on the IDS dated 5/3/2023) in view of Ghanouni (US 2021/0298358 A1) as applied to Claim 1, and further in view of Illidge (US 2022/0192258 A1).
Regarding Claim 3, Lim further teaches the device wherein the flow channel extends from the flow inlet to the flow outlet according to a channel direction, the vaporizable material channel part and the tobacco article channel part arranged successively following the channel direction ([0036]-[0041], [0050], Fig. 1; The aerosol generated via the vaporizer 14000 may move along an air flow passage of the aerosol generating device 10000 and the air flow passage may be configured such that the aerosol generated via the vaporizer 14000 passes through the cigarette 20000 to be delivered to the user. [0061] The external air may flow into at least one air passage formed in the aerosol generating device 10000. The air flow passage is a flow channel extending from an air passage formed in the device 10000 (flow inlet) to a flow outlet at the tobacco article socket such that the aerosols can be delivered to the user through the mouth end of the cigarette. Therefore, the airflow passage (flow channel) extends from the flow inlet to the flow outlet according to a channel direction (vertically as shown in Fig. 1). The vaporizable material channel part (within vaporizer 14000) and the tobacco article channel part (within heater 13000) are arranged successively following the channel direction),
but does not teach the flow channel comprising a bypass section connecting the flow inlet directly to the socket channel part.
Illidge, directed to aerosol generating devices ([0002]-[0006]), teaches an aerosol generation device ([0133]-[0136], Figs. 17-19; System 110 is an e-cigarette configured to generate an aerosol from an aerosol precursor) comprising:
a vaporizable material storage portion for storing a vaporizable material ([0366]-[0376], Figs. 17-19; System 110 (aerosol generation device) comprises a tank 152 (vaporizable material storage portion) for storing e-liquid 160 (vaporizable material));
a vaporizable material heater for heating the vaporizable material ([0366]-[0376], Figs. 17-19; System 110 comprises helical filament 164 (vaporizable material heater) for heating e-liquid 160); and
a flow channel extending between a flow inlet and a flow outlet, the flow channel defining a vaporizable material channel part passing through the vaporizable material storage portion ([0366]-[0376], Figs. 17-19; System 110 comprises a passage 170 (flow channel) extending from inlet 172 to outlet 174, wherein passage 170 comprises a vaporizable material channel part passing through tank 152 (vaporizable material storage portion)),
the flow channel comprising a bypass section connecting the flow inlet directly to the flow outlet ([0383], [0394], Figs. 21 and 25 shows alternate embodiments of the system 110 of Figs. 17-19, wherein the smoking substitute apparatus a150c comprises a bypass passage a180. The bypass passage a180 shares a common inlet a176 and common outlet a174 with the vaporizer air passage a170).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Lim in view of Ghanouni wherein the flow channel comprises a bypass section connecting the flow inlet directly to the socket channel part, analogously taught by Illidge because Lim, Ghanouni, and Illidge are directed to aerosol generating devices, Illidge demonstrates that a bypass section reduces the flow rate through the vaporizable material channel part and allows for more consistent delivery of aerosol to a user (Illidge, [0385]), while improving the mixing of the airflow and cooling of the vapor within the device (Illidge, [0394]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, as the flow outlet of Illidge is located directly upstream of the vaporizable material channel part (Illidge, [0366]-[0376], Figs. 17-19) and the socket channel part of Lim is located directly upstream of the vaporizable material channel part (Lim, [0036]-[0041], [0050], Figs. 1-2), one of ordinary skill in the art would have been motivated to provide the bypass section connecting the flow inlet directly to the socket channel part of Lim such that air and aerosol may flow through the socket channel to the outlet of Lim for inhalation by a user.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2020/0221782 A1, cited on the IDS dated 5/3/2023) in view of Ghanouni (US 2021/0298358 A1) as applied to Claim 1, and further in view of Aoun (US 2022/0117307 A1).
Regarding Claim 11, Ghanouni further teaches the device wherein the predefined heating profile (P) defines, for each heating section, an activation time interval within the vaping session during which said heating section is to be activated ([0060]-[0062], Fig. 1; Referring now to FIG. 1, there is shown a heating profile according to the invention for a device comprising three heating zones for heating three different sections of aerosol-generating substrate. The profile shown in Fig. 1 defines for each heating zone (section) an activation time interval within the vaping session during which said heating section is to be activated),
but does not teach the device wherein each activation time interval has a duration between 80 and 100 seconds.
Aoun, directed to aerosol generating devices ([0002]), teaches an aerosol generation device ([0499], Fig. 2; Aerosol provision device 200) comprising:
a tobacco article heater for heating a tobacco article, wherein the tobacco article heater further comprises a succession of heating sections ([0227], [0499]-[0513], Fig. 2; Device 200 may be used to heat a replaceable article 210 comprising an aerosol generating medium (tobacco). Aerosol provision device 200 comprises a susceptor arrangement 232, a first inductor coil 224 and a second inductor coil 226. Elements 224/226/232 for a tobacco article heater. The first inductor coil 224 is configured to generate a first varying magnetic field for heating a first section of the susceptor 232 (and article 210) and the second inductor coil 226 is configured to generate a second varying magnetic field for heating a second section of the susceptor 232 (and article 210)),
wherein the aerosol generation device is configured to control the activation of the heating sections according to a predefined heating profile during a vaping session ([0155]-[0156], The heating assembly is configured such that the controller specifies a programmed temperature profile for the first heating unit and the second heating unit over a session of use. [0164], each heating unit present in the heating assembly is an induction heating unit comprising a susceptor heating element),
wherein the predefined heating profile (P) defines, for each heating section, an activation time interval within the vaping session during which said heating section is to be activated ([0676], Fig. 10; The heating profile shown in Fig. 10 defines for each heating section (“heater 1” and “heater 2”) an activation time interval within the vaping session during which said heating section is to be activated)
wherein at least one of the activation time intervals has a duration between 80 and 100 seconds ([0199], Fig. 27; The heating profile shown in Fig. 27 defines for each heating section (“heater 1” and “heater 2”) an activation time interval. The activation time interval of “heater 2” starts around 170 seconds and ends around 260 seconds (about 90 seconds).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Lim in view of Ghanouni wherein each activation time interval has a duration between 80 and 100 seconds as taught by Aoun because Lim, Ghanouni, and Aoun are directed to aerosol generating devices, Lim and Ghanouni do not explicitly disclose a suggested duration for the activation time interval, Aoun discloses an exemplary activation time interval for a heating section of a tobacco article heater (Aoun, [0199], Fig. 27), and one of ordinary skill in the art would have looks to analogous prior art device for a disclosure or suggestion of a suitable activation time interval duration.
The range for duration disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755