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
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.
(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.
Claims 16-17, 20-25, and 27-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (WO 2019/227381 (cited in IDS dated February 23, 2023), English Machine Translation attached to this Office Action relied upon).
Regarding claim 16, Wang teaches an aerosol-generating device (Figure 1, aerosol generating device 100, [0055]), comprising:
an electrical heating arrangement configured to heat an aerosol-forming substrate in order to generate an aerosol (Figure 1, heating device 30, [0057]);
at least one of a user switch configured to enable a user to initiate a use pause of the aerosol-generating device, and at least one sensor configured to output a sensor signal indicative of the aerosol-generating device being in use by the user or in the use pause (Wang teaches the sensor, flow sensor in [0108] recognizes puffs to transition between different stages);
and a controller configured to generate a pause signal in response to the sensor signal indicating that the aerosol-generating device is in the use pause and/or in response to the user initiating the use pause of the aerosol-generating device via the user switch (Figure 1, controller 50, [0057] and transfer from T1 to T2 in Figure 2 (T1 is use temperature and T2 is use pause) is triggered by number of puffs obtained by the flow sensor, [0108]),
wherein the electrical heating arrangement is further configured to heat the aerosol-forming substrate at a first temperature level in an aerosol-releasing mode (Figures 1 and 2, T1 is the “first temperature level in an aerosol-releasing mode” that heating device 30 is increased to, [0072]),
and in response to the pause signal to heat the aerosol-forming substrate at a second temperature level below the first temperature level in a pause mode (Figure 2, T2 is “second temperature level” and pause mode is from t2 to t3, [0108]).
Regarding claim 17, Wang teaches the aerosol-generating device according to claim 16, wherein the first temperature level is in a range between 325 degrees Celsius and 385 degrees Celsius (Figure 3, T1 is exemplified as 380 °C, [0072]).
Regarding claim 20, Wang teaches the aerosol-generating device according to claim 16, wherein the at least one senor comprises one of a puff sensor configured to detect a user's puff, a motion sensor configured to detect a movement of the aerosol-generating device, and an orientation sensor configured to detect an orientation of the aerosol-generating device (Wang teaches the underlined puff sensor, called a flow sensor that detects puffs, see [0108]).
Regarding claim 21, Wang teaches the aerosol-generating device according to claim 16, wherein the user switch is further configured to enable the user to initiate use of the aerosol-generating device (the “user switch” is not positively recited in claim 16 (it can be a user switch or sensor), therefore this claim is met by Wang).
Regarding claim 22, Wang teaches the aerosol-generating device according to claim 21, wherein the controller is further configured to generate an activity signal in response to the sensor signal indicating that the aerosol-generating device is in use by the user and/or in response to the user initiating use of the aerosol-generating device (Figure 1, controller unit 50 is connected to the display 60 to transmit information to the user such as battery power, temperature, status of the aerosol generating product (such as that it is in use), [0057] and the puff sensor description in [0108]).
Regarding claim 23, Wang teaches the aerosol-generating device according to claim 22, wherein the electrical heating arrangement is further configured to change from the pause mode to the aerosol-releasing mode after elapse of a predetermined maximum pause time or in response to the activity signal (transition between phases may be based on predetermined durations, [0108]).
Regarding claim 24, Wang teaches the aerosol-generating device according to claim 23, wherein the predetermined maximum pause time is in a range between 1 minute to 15 minutes (T2 (the pause mode temperature) is exemplified as being held for a maximum example of 4.5 minutes in [0077]).
Regarding claim 25, Wang teaches the aerosol-generating device according to claim 16, wherein the heating arrangement is further configured to stop a heating operation in both the aerosol-releasing mode and the pause mode after at least one of:
a predetermined number of puffs (transition between phases (meaning from aerosol-release mode to pause mode, vice versa, or pause mode to off) may be triggered by number of puffs obtained, [0108]),
elapse of a predetermined operation time in the aerosol-releasing mode,
elapse of a predetermined operation time in the pause mode,
or elapse of a predetermined weighted cumulative operation time in the aerosol-releasing mode and the pause mode (these last three do not need to be taught in Wang as this claim is met by teaching the first option above).
Regarding claim 27, Wang teaches the aerosol-generating device according to claim 25, wherein the predetermined operation time in the pause mode is in a range between 1 minute to 15 minutes (T2 (the pause mode temperature) is exemplified as being held for a 270 seconds and alternatively 4.5 minutes in [0077]).
Regarding claim 28, Wang teaches the aerosol-generating device according to claim 16, wherein the heating arrangement is further configured to change from heating at the first temperature level in the aerosol-releasing mode to heating at the second temperature level in the pause mode in response to the pause signal by stopping heating the aerosol-forming substrate until the second temperature level is reached or by heating the aerosol-forming substrate with reduced heating power or in a pulsed mode until the second temperature level is reached (Wang teaches the underlined option, Figure 2, T2 (temperature in pause mode) still allows smoke to be continuously generated [0093], power supply explanation in [0104]).
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (WO 2019/227381 (cited in IDS dated February 23, 2023), English Machine Translation attached to this Office Action relied upon) in view of Qiu (US 2018/0352860).
Regarding claim 18, Wang discloses the aerosol-generating device according to claim 16, as set forth above. Wang fails to disclose wherein the second temperature level is in a range between 175 degrees Celsius and 225 degrees Celsius.
Qiu teaches a similar atomizer and control method for an electronic cigarette including a similar pause mode (called “hold mode” in Qiu) wherein the second temperature level is in a range between 175 degrees Celsius and 225 degrees Celsius (first lower limit may be 200 °C in hold mode, [0061]). Qiu also teaches that this temperature ensures that the temperature in the air inlet channel will not be too low in the hold mode, and that the air flow does not act to cool and remove too much heat of the smoking material [0061].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teachings of Qiu to have made the temperature of the pause/hold mode 200 °C because doing so would ensures that the temperature in the air inlet channel will not be too low in the hold mode, and that the air flow does not act to cool and remove too much heat of the smoking material, as recognized by Qiu [0061].
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (WO 2019/227381 (cited in IDS dated February 23, 2023), English Machine Translation attached to this Office Action relied upon).
Regarding claim 19, Wang teaches the aerosol-generating device according to claim 16, as set forth above. Wang fails to explicitly disclose wherein the second temperature level is lower than the first temperature level by at least 50 degrees Celsius, but does disclose that T1 (first temperature) can be selected from 300 °C to 450 °C and T2 (second temperature) can be selected from 300 °C to 400 °C, and that T2 is less than T1 ([0093]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the second temperature below the first temperature by at least 50 °C because Wang discloses the above ranges (and that T2 is less than T1), and many possible choices within those ranges would overlap with the claimed range of at least a 50 degree difference (for example choosing T1 anywhere between 400 °C to 450 °C and T2 of anywhere between 300 °C and 350 °C).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (WO 2019/227381 (cited in IDS dated February 23, 2023), English Machine Translation attached to this Office Action relied upon) in view of Bowen et al. (US 2017/0259170).
Regarding claim 26, Wang discloses the aerosol-generating device according to claim 25, as set forth above. Wang fails to disclose wherein the predetermined operation time in the aerosol-releasing mode is in a range between 1 minute to 12 minutes.
Bowen teaches a similar vaporization device wherein the predetermined operation time in the aerosol-releasing mode is in a range between 1 minute to 12 minutes (normal operation mode (equivalent to the aerosol-release mode) for 1 to 10 minutes (also a predetermined time period) at least disclosed in [0019]). Bowen also teaches that the device may enter a standby state after the predetermined time period in the normal operation mode in order to conserve battery power [0019].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teachings of Bowen to have the aerosol release mode have a predetermined time of 1 to 10 minutes before entering the standby state because doing so would conserve battery power, as recognized by Bowen [0019].
Claims 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (WO 2019/227381 (cited in IDS dated February 23, 2023), English Machine Translation attached to this Office Action relied upon) in view of Taurino et al. (WO 2020/008008, cited in IDS dated August 7, 2025).
Regarding claim 29, Wang discloses the aerosol-generating device according to claim 16, as set forth above. Wang fails to disclose wherein the heating arrangement is further configured to modify at least one of the first temperature level or the second temperature level based on environmental data.
Taurino teaches a similar aerosol-generating system wherein the heating arrangement is further configured to modify at least one of the first temperature level or the second temperature level based on environmental data (when temperature readings from ambient temperature sensor indicate that ambient temperature is outside the normal range, the control circuitry compensates, page 34 lines 15-19). Taurino also teaches that this temperature control improves the consistency of the aerosol generated from the system (page 34 lines 19-21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teachings of Taurino to include the ability to modify the operating temperature of the device based the ambient temperature because doing so would improve the consistency of the aerosol generated from the system, as recognized by Taurino (page 34 lines 19-21).
Regarding claim 30, Wang discloses the aerosol-generating device according to claim 16, as set forth above. Wang fails to disclose the device further comprising an environmental data sensor configured to measure at least one parameter in an environment of the aerosol-generating device.
Taurino teaches a similar aerosol-generating system wherein the device further comprising an environmental data sensor configured to measure at least one parameter in an environment of the aerosol-generating device (Figure 6, ambient temperature sensor 214 measures ambient temperature, page 34 lines 15-16). Taurino also teaches that the temperature control provided through the use of the ambient temperature sensor improves the consistency of the aerosol generated from the system (page 34 lines 19-21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teachings of Taurino to include an ambient temperature sensor to help modify the temperature control in the device because doing so would improve the consistency of the aerosol generated from the system, as recognized by Taurino (page 34 lines 19-21).
Regarding claim 31, modified Wang discloses the aerosol-generating device according to claim 30, wherein the environmental data sensor is at least one of a humidity sensor configured to measure a humidity in the environment of the aerosol-generating device or a temperature sensor configured to measure a temperature in the environment of the aerosol-generating device (Taurino, Figure 6, ambient temperature sensor 214 measures temperature of the environment, page 34 lines 15-16).
Conclusion
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/A.Z.B./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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