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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 October 2025 has been entered.
Status of the Claims
This office action is in response to Applicant’s amendment filed on 10 October 2025:
Claims 1-9 and 11-17 are pending
Claims 1-8 are withdrawn
Claim 10 is cancelled
Claims 9 and 13 are amended
Response to Arguments
Applicant’s arguments filed 10 October 2025, with respect to the rejection of Claim 9 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended Claim 9 to further recite that the stepwise increase in the target temperature threshold is at a constant rate from an initial target temperature threshold corresponding to a starting value of the current inhalation parameter. Applicant argues Fujita does not disclose this additional limitation as Fujita’s heating profile has an initial ramp up followed by a subsequent temperature cooling before a stepwise progression occurs in the target temperatures. Examiner agrees with Applicant’s argument and therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Butin et al (Publication No. US20240041131A1).
Applicant's arguments filed 10 October 2025 have been fully considered but they are not persuasive.
On Pages 7-8 of Applicant’s Remarks, Applicant argues that the accumulated time disclosed by Puviani is not necessarily tied to puff counts as would be required by Claim 9 and therefore does not teach or suggest “wherein the current inhalation parameter comprises current inhalation times, wherein the current inhalation times correspond to output times of an inhalation signal that are accumulated” as recited in amended Claim 9. Examiner no longer relies on Puviani and therefore Applicant’s arguments are moot.
Below is a modified rejection based on amendments to the claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 9 and 11-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1 and 17 recite the steps of obtaining “a current inhalation parameter according to an inhalation situation of a user, wherein the current inhalation parameter comprises current inhalation times, wherein the current inhalation times correspond to output times of an inhalation signal that are accumulated” and obtaining “a corresponding target temperature threshold according to the current inhalation parameter, the target temperature threshold being progressively increased in a stepwise manner at a constant rate from an initial target temperature threshold as the inhalation parameter increases, the initial target temperature threshold corresponding to a starting value of the current inhalation parameter. These limitations, interpreted under broadest reasonable interpretation, cover performance of limitations in the mind but for the recitation of generic computer components.
That is, other than reciting a “heating control apparatus”, “a first obtaining module” and/or “a second obtaining module” configured to perform the step limitations listed above, nothing in the claims precludes the step from practically being performed in the mind. Beyond the “first/second obtaining module configured to” language, “obtaining a current inhalation parameter…to output times (i.e., number) of inhalation parameter” and “obtaining a corresponding target temperature according to the current inhalation parameter, the target temperature threshold being progressively [increase] in a stepwise manner”, in the context of this claim encompasses a user manually counting the times of inhalations, mentally correlating said times of inhalations to a target temperature.
Similarly, beyond the “first/second obtaining module configured to” language, “increased in a stepwise manner at a constant rate from an initial target temperature threshold, as the inhalation parameter increase, the initial target temperature threshold corresponding to a starting value of the current inhalation parameter”, in the context of this claim encompasses the user making an evaluation to obtain the target temperature based on the inhalation times.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas and therefore, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. First, the recitation of a first and second obtaining module are merely generic parts described in broad manner that only supplies context to how the judicial exception is applied without integrating the abstract idea into a practical application. Though claims further recite a temperature processing module (see Claim 1) and the heating apparatus comprising the modules as a part of an electronic vaporization device (see Claim 17), it merely links the judicial exception to a particular field of use (i.e., for vaporization devices) based on generic components and not a particular practical application (see 2106.05(h)).
Similarly, the recited steps of “[obtaining] a corresponding target temperature threshold according to the current inhalation parameter”, “the target temperature threshold…progressively [increasing]…at a constant rate…as the inhalation parameter increases”, “the initial target temperature threshold corresponding to a starting value of the current inhalation parameter, and “adjust[[s]] the current heating temperature value of the heating body to the target temperature threshold” are generic controller steps linking the judicial exception to a particular technological environment (i.e., temperature adjustment) or field of use (i.e., corresponding with inhaling parameters) and not a particular practical application (see 2106.05(h)).
Furthermore, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception; as previously discussed above, components such as the vaporization device, obtaining modules, temperature processing modules, and an electronic vaporization device are well known in the art.
For example, Fujita et al (Publication No. US20230102855A1) discloses an electronic vaporizer device (100) comprising a controller (116) configured with sensors (112) such that it is capable of obtaining inhalation parameters and adjusting temperature thresholds (i.e., target temperatures) based on inhalation parameters ([0048, 0051-0059, 0096]; the controller is equivalent to all three modules as it has each modules’ functions).
Moreover, reciting steps for “[obtaining] a corresponding target temperature threshold according to the current inhalation parameter”, “the target temperature threshold…progressively [increasing]…at a constant rate…as the inhalation parameter increases”, “the initial target temperature threshold corresponding to a starting value of the current inhalation parameter, and “adjust[[s]] the current heating temperature value of the heating body to the target temperature threshold” are mere insignificant extra-solution activity because they are well-known in the art.
For example, Butin et al (Publication No. US20240041131A1), discloses steps for producing an aerosol by increasing heating temperatures in a step-wise constant manner based on predetermined temperature increments (i.e., target temperature thresholds) corresponding to the user’s current puff count (i.e., inhalation time), wherein the initial temperature step/threshold can be configured to correspond to a user’s current puff count (i.e., inhalation parameter) being 4 puffs (see Fig. 7; [0051, 0043-0045, 0271]).
Claim 11 does not recite additional elements that would amount to significantly more than the judicial exception because a times and duration obtaining module are generic controller components known with the art. For example, Butin discloses a controller the configured to detect (i.e., obtain) a duration of time and/or a number of user puffs ([0069, 0271]; configuring the controller to obtain a time of duration and/or puff count implies that the controller is equivalent to a times and duration obtaining module as it is capable of performing such functions).
Claims 12-14 do not recite additional elements that would amount to significantly more than the judicial exception because the claims merely specifies that the temperature detection module is further configured to adjust heating temperature values to the temperature threshold via mathematical equation that calculates temperature difference in anticipation of heat dissipation.
Claim 15 does not recite additional elements that would amount to significantly more than the judicial exception because the claim merely requires an additional generic controller component (i.e., setting module) configured to associate target temperature thresholds with different inhalation parameter intervals which is known in the art. For example, Fujita further discloses a setting module (Controller 116) configured to set corresponding target temperature thresholds according to different inhalation parameter intervals ([0058, 0158-0160, 0184]; controller is configured with target temperatures that will trigger/progress to the next target temperature that corresponds with the duration/time interval wherein a puff action parameter occurs; discloses that the controller comprises various software and hardware components that allow it to process multiple operations, implying that the components such as memory and control circuits that enable the controller to set temperature thresholds is equivalent to the heating module part of the controller).
Claim 16 does not recite additional elements that would amount to significantly more than the judicial exception because the claim merely specifies that the step-wise increase of each temperature threshold is 10 degrees Celsius.
Claim 18 does not recite additional elements that would amount to significantly more than the judicial exception because the claim merely specifies that the initial target temperature threshold is 50 degrees Celsius.
Claim 19 does not recite additional elements that would amount to significantly more than the judicial exception because the claim merely specifies that the step-wise increase of each temperature threshold is 10 degrees Celsius for every 10-inhalation parameter.
Claim 20 does not recite additional elements that would amount to significantly more than the judicial exception because the claim merely specifies that the current inhalation parameter is independent of elapsed time.
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.
Claims 9, 11-12, 15, 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita et al (Publication No. US20230102855A1) and Butin et al (Publication No. US20240041131A1).
Regarding Claim 9, Fujita discloses a heating control apparatus (Processor 110), comprising:
a first obtaining module (Sensor 112/Controller 116) configured to obtain a current inhalation parameter (i.e., puff action) according to an inhalation situation of a user (Fig. 1; [0051, 0053, 0158]; sensor can be a flow sensor that collects parameters associated with a user inhalation which is obtained by/sent to the controller);
wherein the current inhalation parameter comprises current inhalation times ([0158]; the puff action is associated with a current time or duration of time corresponding with the time duration assigned to a heating slot within a heating profile);
wherein the current inhalation times correspond to output times (i.e., start of inhalation/puff action) of an inhalation signal (i.e., puff action) that are accumulated ([0158]; discloses that multiple puffs with varying time intervals occur during a heating profile; heating profile accounts for the accumulation/multiple number of puff action occurrences);
a second obtaining module (Controller 116) configured to obtain a corresponding target temperature threshold (i.e., target temperature) according to the current inhalation parameter ([0148, 0158]; the target temperature is associated with a time slot within a temperature profile, wherein the controller switches/obtains a new target temperature upon detection of a user inhaling; detection of subsequent inhaling actions are associated with a new puff duration and/or additional puff count which is equivalent to a current inhalation parameter);
the target temperature threshold being progressively increased in a stepwise manner as the inhalation parameter (i.e., puff action) increases ([0151-0160]; the controller is configured to increase the target temperature based on an increase in the puff count parameter which can be derived from the puff duration parameter; Table 6 shows that the target temperature for each time section of the puff/heating profile increases in discrete increments, equivalent to a stepwise manner);
and a temperature processing module (Controller 116) configured to detect a current heating temperature value of a heating body (Heater 40) ([0096]; the controller is capable of detecting/measuring the temperature of the heater through a temperature sensor installed near the heater);
and adjust the current heating temperature value of the heating body to the target temperature threshold [0155].
It is noted that the controller (116) is considered equivalent to all three modules (i.e., first, second, and temperature processing) because it is capable of performing all the functions of said modules. The controller is configured to be connected to various other components (i.e., the flow and temperature sensors) such that it is able to operate multiple functions of the entire inhaler device and heating apparatus through its microprocessor and control circuit [0058, 0184], implying that it is representative of multiple operating modules.
Fujita does not disclose the following:
the target temperature threshold is progressively increased at a constant rate from an initial target temperature threshold as the inhalation parameter increases;
the initial target temperature threshold corresponding to a starting value of the current inhalation parameter.
Regarding (I-II), Butin, directed to a controller for an aerosol-generating device, discloses the controller performs a calibration on the aerosol-generating device’s susceptor (i.e., heater), and proceeds to operate the heater after the calibration to produce an aerosol via step-wise predetermined temperature increments (i.e., target temperature thresholds) corresponding to the user’s current puff count (i.e., inhalation time), wherein the initial temperature step/threshold can be configured to correspond to a user’s current puff count (i.e., inhalation parameter) being 4 puffs (see Fig. 7; [0051, 0043-0045, 0271]; each step corresponds to the user’s puff count). Butin notes that this method of controlling temperature of a heater has the advantage of preventing reduction of aerosol delivery due to substrate depletion and reduced thermo-diffusion over time [0045].
Though Butin does not explicitly state that the temperature step/threshold is progressively increased at a constant rate, it should be noted that the temperature steps are shown in Figure 7 to progressively increase at what appears to be a linear rate, implying that the controller is capable of being configured to operate the temperature steps to increase at a constate rate.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the controller disclosed by Fujita to correspond an initial temperature step/threshold with a current inhalation parameter (i.e., puff count) and progressively increase the temperature step/threshold in a step-wise manner at a constant rate along with the puff count as disclosed by Butin, as both are directed to an aerosol-generating device controller for controlling the temperature of a heater, where Butin teaches the advantage of configuring a controller with this heating method as it helps prevent reduction of aerosol delivery due to substrate depletion and reduced thermo-diffusion over time [0045]; this also involves applying a known teaching of an aerosol-generating controller’s temperature processing method to a similar aerosol-generating controller to yield predictable results.
Regarding Claim 11, Modified Fujita does not explicitly disclose the first obtaining module further comprises:
at times obtaining unit configured to obtain the current inhalation times according to an accumulated inhalation time of the user;
and a duration obtaining unit configured to obtain the current inhalation duration according to the accumulated inhalation duration of the user.
However, Butin, directed to a controller for an aerosol-generating device, discloses the controller adjusting the power of a heating arrangement to increase the temperature of said heating arrangement in a step-wise manner to a predetermined temperature (i.e., temperature threshold based on either the number of puffs a user experiences, or a duration of time [0043-0045].
Specifically, the controller is configured to detect a duration of time and/or a number of user puffs, wherein the temperature steps are correlated to predetermined duration times and/or number of user puffs ([0069, 0271]; configuring the controller to obtain a time of duration and/or puff count implies that the controller is equivalent to a times and duration obtaining module as it is capable of performing such functions; obtaining values based on accumulated inhalation times is implied as the controller is capable of detecting the number of puffs performed by the user and associating it with a time duration).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the first obtaining module/controller disclosed by Fujita to further have the capabilities of a timer/clock and duration obtaining unit as disclosed by Butin, as both are directed to a heating control apparatus for an electronic vaporizer/inhaler, where one ordinarily skilled in the art could reasonably apply a known teaching of a module/controller being further configured to detect/obtain inhalation times and duration times as disclosed by Butin, to another similar module disclosed by Fujita, and predictably yield a module capable of obtaining inhalation duration parameters from Fujita’s apparatus.
Regarding Claim 12, Fujita further discloses the temperature processing module comprises:
a temperature detection module (i.e., temperature sensor) configured to detect the current heating temperature value of the heating body [0178];
and a heating execution module (i.e., controller 116) configured to provide a corresponding heating parameter to the heating body according to a difference between the target temperature threshold and the current heating temperature value, to adjust the current heating temperature value of the heating body to the target temperature threshold ([0058, 0178-0180, 0184]; the controller is disclosed to operate the heater based on the temperature difference between real and threshold temperature values; discloses that the controller comprises various software and hardware components that allow it to process multiple operations, implying that the components such as memory and control circuits that enable the controller to perform the heating execution is equivalent to the heating module part of the controller).
Regarding Claim 15, Fujita further discloses a setting module (Controller 116) configured to set corresponding target temperature thresholds according to different inhalation parameter intervals ([0058, 0158-0160, 0184]; controller is configured with target temperatures that will trigger/progress to the next target temperature that corresponds with the duration/time interval wherein a puff action parameter occurs; discloses that the controller comprises various software and hardware components that allow it to process multiple operations, implying that the components such as memory and control circuits that enable the controller to set temperature thresholds is equivalent to the heating module part of the controller).
Regarding Claim 17, Fujita further discloses an electronic vaporization device (Fig. 1; Inhaler device 100), comprising the heating control apparatus of Claim 9 (see Claim 9 rejection for control apparatus).
Regarding Claim 18, Modified Fujita does not explicitly disclose that the initial target temperature threshold is 50 degrees Celsius.
However, it should be noted that Fujita states that the initial expected temperature value for a heater can be any value such as zero degrees Celsius or a temperature corresponding to an ambient temperature [0103].
Therefore, one ordinarily skilled in the art based on Fujita’s disclosure would reasonably conclude that the initial target temperature threshold can be any arbitrary temperature value such as 50 degrees Celsius so long as it is lower than the subsequent target temperature threshold so that the temperature threshold may progressively increase in a step-wise manner.
Regarding Claim 20, Fujita further discloses the current inhalation parameter (i.e., puff action/count) is independent of elapsed time ([0158]; the detection of the current puff action/count is not dependent on an elapsed time within the temperature profile).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita et al (Publication No. US20230102855A1) in view of Butin et al (Publication No. US20240041131A1) as applied to Claim 9 above, as evidenced by The Physics Hypertextbook – Electric Power Summary (see attached copy), and further in view of Levin et al (Publication No. US20130298905A1) and Wolfram Language Documentation – Heat Transfer (see attached copy).
Regarding Claim 13, Fujita does not disclose the temperature processing module is configured to adjust the current heating temperature value of the heating body according to a ΔT1=(U*I*t–Qdissipation)/(M*C).
However, Levin, directed to an electronic vaporizing system, discloses a processor (PCB) and memory module (i.e., processing module) equipped to provide power for heating based on operating temperatures that is calculated using the following equation [0061-0064]:
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The equation is a heat transfer equation wherein the density and volume measurements can be utilized to derive the mass of the substance (M) to be heated (in this case air) [0060-0064]. Levin does not explicitly disclose the following:
The power expressed in terms of voltage (U) and current (I)
The temperature/power adjustment accounting for heat dissipation (Qdissipation)
The specific heat capacity is for a nicotine carrier heated by the heating body
Regarding (I), it is known in the art that power from a power supply can be calculated from the measured voltage and current of said power supply. As evidenced by The Physics Hypertextbook (see attached document), electric power can be expressed in terms of P = VI, wherein P is power, V is voltage, and I is current and furthermore where power can be expressed in terms of energy per second (i.e., time t) in the form of the unit watts. Therefore, it would have been obvious to one ordinarily skilled in the art to express the power (W) in Levin’s heat transfer equation to be in terms of voltage (U), current (I), and time (t).
Regarding (II), it is known in the art that heat transfer equations can be derived to account for heat flux boundary conditions wherein there is a heat flow rate in and out of a boundary condition. As evidenced “Heat Transfer” by Wolfram (see attached document, Pgs. 49-50; Heat Flux Boundary Condition section), one ordinarily skilled in the art can derive a heat flux boundary condition to model thermal energy flow in or out of an area by deriving the heat transfer equation from Fourier’s law of thermal conduction.
In this case, Levin discloses that the heating unit has an energy dissipation per unit when attempting to achieve a desired operating (i.e., target) temperature that is rapidly dissipated into the air over the heating element [0049]. As Levin discloses that heat is being generated and dissipated by the heater, one ordinarily skilled in the art would be motivated to modify Levin’s heat transfer equation for determining the heat temperature adjustment such that it accounts for power generated by the power supply represented by the expression “U*I*t” (i.e., flux in), and power dissipated from the heater represented by the expression Dissipation (i.e., flux out).
Therefore, one ordinarily skilled in the art would reasonably apply the known knowledge of heat flux boundary conditions to rederive the heat transfer equation disclosed by Levin, to account for both a positive (i.e., heat/power generation) and negative (i.e., heat/power dissipation) heat flux, and apply it to the heating processing module disclosed by Fujita to yield a device capable of adjusting temperature heating (via power settings) based on a heat transfer equation that accounts for the heating mass (M), mass specific heat (C), power generation (U*I*t) and power dissipation (Dissipation) to successfully adjust the temperature of a heating body to a target threshold temperature.
Regarding (III), Levin further discloses a liquid cartridge containing nicotine (i.e., nicotine carrier) that is vaporized by the heater [0004, 0073]. Though Levin does not explicitly disclose that the nicotine carrier is heated using the same heat transfer equation utilized for heating the air, one ordinarily skilled in the art would know that nicotine also has a mass and specific heat capacity value. Therefore, one ordinarily skilled in the art could reasonably apply the teachings of Levin’s air heating method equation to another substance with a mass and specific heat capacity such as nicotine, to predictably yield a device capable of heating a nicotine carrier (i.e., cartridge with nicotine liquid) using the heat transfer process disclosed by Levin.
Regarding Claim 14, Fujita further discloses the temperature processing module is configured to adjust the current heating temperature value of the heating body by adjusting power-on heating time ([0127-0128]; Table 2 shows the length of heating within a heating profile is adjusted depending on the target heating temperature which will subsequently adjust the current heating temperature).
Claim 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita et al (Publication No. US20230102855A1) in view of Butin et al (Publication No. US20240041131A1) as applied to Claims 9 and 18 above, and further in view of Raichman (Publication No. US20190208823A1).
Regarding Claim 16, Fujita discloses that target temperatures are set such that the target temperature for a slot (i.e., step) is equal to or higher than a target temperature for a prior slot ([0159-0162]; Table 6 illustrates a heating profile with target temperature increments of 5 degrees Celsius). Fujita does not explicitly disclose that the target temperature threshold is progressively increased by using 10°C as a progressively increasing unit.
However, Raichman, directed to a smoking device, discloses a control circuitry that drives a heating element (i.e., heating control apparatus) to heat a smoking material (Abstract). The control circuit is equipped to perform heating in steps in response to a detected inhalation air flow rate, wherein the temperature can progressively increase in increments between 0.5 to 10 degrees Celsius ([0179-0180]; the disclosed increment range includes the claimed increment of 10 degrees Celsius).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to configure the heating control apparatus disclosed by Fujita to set the target temperatures to progressively increase by increments of 10 degrees Celsius as disclosed by Raichman, as both are directed to a heating control apparatus for an electronic inhaler/smoking device, where one ordinarily skilled in the art could reasonably apply a known teaching of configuring target temperature increases of 10 degrees Celsius disclosed by Raichman, to another similar heating control apparatus disclosed by Fujita, and predictably yield an apparatus capable of progressively increasing the heating temperature of a smoking/vaporizing device in increments of 10 degrees.
Regarding Claim 19, Modified Fujita does not explicitly disclose the following:
the target temperature threshold progressively increases stepwise by 10 degrees Celsius from the initial target temperature threshold;
the target temperature threshold progressively increases stepwise for every ten inhalations of the current inhalation parameter.
Regarding (I), Raichman, directed to a smoking device, discloses a control circuitry that drives a heating element (i.e., heating control apparatus) to heat a smoking material (Abstract).
The control circuit is equipped to perform heating in steps in response to a detected inhalation air flow rate, wherein the temperature can progressively increase in increments between 0.5 to 10 degrees Celsius ([0179-0180]; the disclosed increment range includes the claimed increment of 10 degrees Celsius).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to configure the heating control apparatus disclosed by Fujita to set the target temperatures to progressively increase by increments of 10 degrees Celsius as disclosed by Raichman, as both are directed to a heating control apparatus for an electronic inhaler/smoking device, where one ordinarily skilled in the art could reasonably apply a known teaching of configuring target temperature increases of 10 degrees Celsius disclosed by Raichman, to another similar heating control apparatus disclosed by Fujita, and predictably yield an apparatus capable of progressively increasing the heating temperature of a smoking/vaporizing device in increments of 10 degrees.
Regarding (II), it should be noted that courts have held that, the Courts have held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” (see MPEP § 2144.05.II).
In this regard, Butin, directed to a controller for an aerosol-generating device, discloses the controller adjusting the power of a heating arrangement to increase the temperature of said heating arrangement in a step-wise manner to a predetermined temperature (i.e., temperature threshold based on the number of puffs a user experiences (i.e., current inhalation times), wherein the number of puffs to trigger the incremental increase is after 14 puffs which can help prevent reduction of aerosol delivery due to substrate depletion and reduced thermo-diffusion over time [0043-0045].
However, Butin’s controller is not limited to a specific puff count (i.e., number of inhalation) of 14 and discloses in general that said controller can be configured to have the temperature step correspond to a general “predetermined number of user puffs” with one given example being an initial 4 puffs for the first step, and a single puff for every subsequent temperature step increase [0271].
Therefore, one ordinarily skilled in the art can reasonably take Butin’s disclosure regarding step-wise temperature control based on puff count to modify and routinely optimize Fujita’s controller to predictably yield a controller capable of controlling a heater temperature in a step-wise manner based on a predetermined number of puffs (i.e., current inhalation times), wherein said number of puffs could be 10 puffs per temperature step.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kaihatsu et al (Publication No. US20230101245A1) – Aerosol generation device comprising a controller configured to increase heater target temperature in a stepwise incremental manner and further comprising a puff counter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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/V.P./ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755