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 .
Election/Restrictions
Claims 16, 18-21, 24-29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 30, 2025.
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, 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FERNANDO (KR 2019-0222498, wherein US 2020/0305513 has been used as an English language equivalent).
Fernando teaches a charging apparatus comprising a first power source (106); a first device (100) for supplying electrical power to a non-combustible aerosol provision device; and a second device (137, para. 0094) 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. 0080).
Regarding claim 2, Fernando teaches the charging apparatus is portable (para. 0016).
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. 0017).
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 so that the one or more aerosol generators generate aerosol from one or more aerosol-former materials (para. 0017-0018).
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 (126) housed within the non-combustible aerosol provision device (para. 0081).
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 (para. 0094) or a second power source housed within the non-combustible aerosol provision device (para. 0081).
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 (figure 2, para. 0088-0093).
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.
Claim(s) 7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over FERNANDO (KR 2019-0222498, wherein US 2020/0305513 has been used as an English language equivalent) in view of LIU (US 2015/0196053).
Fernando teaches a charging apparatus comprising a first power source (106); a first device (100) for supplying electrical power to a non-combustible aerosol provision device; and a second device (137, para. 0094) 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. 0080).
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, Fernando teaches the charging apparatus further comprises a third device (para. 0069) 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 (“charging data” para. 0070).
Conclusion
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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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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