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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 10-12, 30-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FERNANDO et al. (US 2009/0230117).
Fernando teaches a charging apparatus (abstract) comprising a first power source (101, 201, 301, 401); a first device (207, 407) for supplying electrical power to a non-combustible aerosol provision device (para. 0010); and a second device (para. 0012, 213, 409) for receiving electrical power from an external power source; wherein in a first mode of operation the charging apparatus is arranged to supply electrical power directly to one or more aerosol generators of the non-combustible aerosol provision device (para. 0010 “heating mode”, figures 1-4).
Regarding claim 2, Fernando teaches the charging apparatus is portable (para. 0014).
Regarding claim 3, Fernando teaches in the first mode of operation the first power source is arranged to supply electrical power to the one or more aerosol generators of the non-combustible aerosol provision device (para. 0010 “heating mode”, figures 1-4).
Regarding claim 4, Fernando teaches in the first mode of operation the charging apparatus is arranged to supply electrical power to the one or more aerosol generators of the non-combustible aerosol provision device (para. 0010 “heating mode”, figures 1-4) so that the one or more aerosol generators generate aerosol from one or more aerosol-former materials (para. 0010 “aerosol-forming substrate”).
Regarding claim 10, Fernando teaches in a second mode of operation the charging device is arranged to supply electrical power to a second power source (411 in figure 4) housed within the non-combustible aerosol provision device.
Regarding claim 11, Fernando teaches in the first mode of operation the charging device is further arranged to supply electrical power to at least one of the first power source or a second power source housed within the non-combustible aerosol provision device (para. 0065-0066).
Regarding claim 12, Fernando teaches in a mode of operation electrical power is diverted from supplying electrical power to the one or more aerosol generators in order to supply electrical power to either recharge the first power source or to recharge a second power source housed within the non-combustible aerosol provision device (para. 0010 “charging mode”).
Regarding claim 30, Fernando teaches a charging apparatus (abstract) comprising a first power source (101, 201, 301, 401); a first device (207, 407) for supplying electrical power to a non-combustible aerosol provision device; and a second device (para. 0012, 213, 409) for receiving electrical power from an external power source; wherein in a first mode of operation the charging apparatus is arranged to simultaneously supply electrical power to one or more aerosol generators of the non-combustible aerosol provision device (para. 0010 “heating mode”, figures 1-4), while also supplying electrical power to a second power source (411) housed within the non- combustible aerosol provision device (para. 0065-0066).
Regarding claim 31, Fernando teaches the charging apparatus is portable (para. 0014).
Regarding claim 32, Fernando teaches in the first mode of operation the first power source is arranged to supply electrical power to the one or more aerosol generators of the non-combustible aerosol provision device (para. 0010 “heating mode”, figures 1-4).
Regarding claim 33, Fernando teaches in the first mode of operation the charging apparatus is arranged to supply electrical power to the one or more aerosol generators of the non-combustible aerosol provision device (para. 0010 “heating mode”, figures 1-4) so that the one or more aerosol generators generate aerosol from one or more aerosol-former materials (para. 0010 “aerosol-forming substrate”).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over FERNANDO et al. (US 2009/0230117) in view of LIU (US 2015/0196053).
Fernando teaches a charging apparatus (abstract) comprising a first power source (101, 201, 301, 401); a first device (207, 407) for supplying electrical power to a non-combustible aerosol provision device (para. 0010); and a second device (para. 0012, 213, 409) for receiving electrical power from an external power source; wherein in a first mode of operation the charging apparatus is arranged to supply electrical power directly to one or more aerosol generators of the non-combustible aerosol provision device (para. 0010 “heating mode”, figures 1-4).
Liu teaches a charging apparatus comprising a first power source (19); a first device (14) for supplying electrical power to a non-combustible aerosol provision device; and a second device (para. 0088) for receiving electrical power from an external power source; wherein in a first mode of operation the charging apparatus is arranged to supply electrical power to one or more aerosol generators of the non-combustible aerosol provision device (para. 0003).
Liu teaches the charging apparatus is arranged to detect that the non-combustible aerosol provision device is mechanically coupled to, held within, or is otherwise inserted into or within the charging apparatus (para. 0097). It would have been obvious to one of ordinary skill in the art to modify the charging apparatus of Fernando to include the detecting means of Liu because Liu teaches that this allows for automating charging of the electronic cigarette (para. 0097).
Regarding claim 9, Liu teaches the charging apparatus further comprises a third device (para. 0008) for receiving a signal from the non-combustible aerosol provision device that the non-combustible aerosol provision device is either: mechanically coupled to, held within, or is otherwise inserted into or within the charging apparatus; or is electrically coupled to the charging apparatus para. 0101).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 7, 9-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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