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 .
Information Disclosure Statement
The information disclosure statement(s) filed on 09/08/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Response to Amendment
This office action is in response to the amendment filed on 12/10/2025. As directed by the amendment, claims 1-3, 5, 7 and 11 have been amended, claims 8-10 have been cancelled, claims 12-18 have been added. As such, claims 1-7 and 11-18 are pending in the instant application.
Response to Arguments
Applicant's arguments, see pages 6-10 of Remarks, filed 12/10/2025, pertaining to the
newly amended limitations have been noted. However, a new ground(s) of rejection has been
provided below to address the newly added limitations.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18, line 2, recites “…in response to the shutter is closed before the indication of occurrence of the error on the displays ends, and configured to redisplay the indication of occurrence of the error in response to the button region is depressed …” but should recite “…in response to a shutter being closed before the indication of occurrence of the error on the displays ends, and configured to redisplay the indication of occurrence of the error in response to a button region being depressed …” due to lack of antecedent basis and grammar.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-6 and 17-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, lines 6-13, recites “…a controller configured to notify an indication of occurrence of the error on the plurality of notification elements in a manner that causes a first notification element among the plurality of notification elements to notify for a predetermined period of time with a first method and then causes a second notification element among the plurality of notification elements to notify a predetermined period of time with a second method, the second notification element being different from the first notification element.” However, it is unclear what is meant by “with a first method” and “with a second method” as it can mean a method of notifying the user (flashing LEDs, steady LEDs, different colors of LED, etc) or it can mean a method of error (temperature error, system-related error, panel error, etc). For examination purposes, as best understood, the first and second methods are relating to methods of errors.
Claims 2-6 and 17-18 are rejected as they depend from and therefore incorporate the claimed subject matter rejected under this statute.
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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lord (EP 3711502 A1) in view of Hamano (US 20070235026 A1).
Regarding claim 1, Lord teaches an inhaler device (HT device 201, see Figs. 2A-2E) comprising:
a heater (heater 204 and heating element 223, see Fig. 2E) that heats a substrate with electric power to generate an aerosol (Lord teaches consumable 202 comprising an aerosol forming substrate 213 that is configured to be heated by the device 201 to release a vapor as seen in [0102]-[0103], wherein the heater is powered by an electric power source as seen in [0044] and [0117]), the substrate retaining an aerosol source (consumable 202 comprises an aerosol-forming substrate 213 as seen in [0103]), the electric power being provided from a battery (“A power source, in the form of a rechargeable battery 205 (a lithium ion battery), is located in electronics cavity 224.” See [0115]);
a display comprising a plurality of notification elements configured to notify a state of the inhaler device ([0035] of applicant’s specification recites “The notifier 93 is in the form of, for example, a display including a light-emitting element such as an LED…” Lord teaches a plurality of light-emitting diodes (LEDs) 211 (taken as display) as seen in Figs. 2A-2B and [0101]. Lord further teaches flashing one or more of the LEDs for a predetermined period of time to alert the user to the error event or the event of user misuse as seen in [0025], therefore notifying a state of the inhaler device); and
a controller (controller 108/208, see Figs. 1A and [0117]) configured to, in response to an error occurring in the inhaler device, notify an indication of occurrence of the error on the plurality of notification elements in a manner that causes the plurality of notification elements to notify for a predetermined period of time with a first method and then causes the plurality of notification elements to notify a predetermined period of time with a second method, the second notification element being different from the first notification element, the second method being different from the first method (Lord teaches providing distinct alerts for each of an error event and a user misuse event wherein, controller 208 generates a first alert comprising a steady LED 211 when the controller 208 detects a user misuse (taken as first method) and a second alert comprising a flashing LED 211 when the controller detects a device error event (taken as second method) as seen in [0127]. Lord further teaches flashing one or more of the LEDs for a predetermined period of time to alert the user to the error event or the event of user misuse as seen in [0025]. As such, the first and second alerts will be for a predetermined period of time)
but does not teach a controller configured to notify an indication of occurrence of the error on the plurality of notification elements in a manner that causes a first notification element among the plurality of notification elements to notify for a predetermined period of time with a first method and then causes a second notification element among the plurality of notification elements to notify a predetermined period of time with a second method, the second notification element being different from the first notification element.
However, Hamano teaches a controller (control unit 2, see Fig. 1) configured to notify an indication of occurrence of the error on the plurality of notification elements (“The display unit has multiple LEDs serving as a warning device for providing notification of various types of errors and other information, and includes an LED 6 for displaying self-diagnosis errors, an LED 7 for displaying cartridge mounting errors, and an LED 8 for indicating that discharging has been completed.” See [0024] and Fig. 1) in a manner that causes a first notification element among the plurality of notification elements with a first method (Hamano teaches LED 6 for displaying self-diagnosis errors to be lit when a self-diagnosis error has occurred as seen in [0045]) and then causes a second notification element among the plurality of notification elements with a second method (Hamano teaches LED 7 for carriage mounting error errors to be lit when a carriage mounting error has occurred as seen in [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inhaler device taught by Lord to have a different LED light up for a different error as taught by Hamano for providing notification of various types of errors (see [0024]) in a visible manner that allows for quick recognition.
Regarding claim 2, Lord in view of Hamano teaches the device of claim 1, and Lord further teaches wherein the plurality of notification elements are arranged continuously (LEDs 211 are arranged continuously as seen in Figs. 2A-2B and [0101]).
Regarding claim 3, Lord in view of Hamano teaches the device of claim 1, and Lord further teaches wherein
the plurality of notification elements notifies the state of the inhaler device when the inhaler device is performing an operation (Lord teaches an output means comprising one or more LEDs 211 to convey information to the user about a condition or state indicative of the device/heater as seen in [0048], [0054] and [0129]. Furthermore, controller 208 is to send a signal to one of the LEDs 211 to light up and flash when the user attempts to increase the power supply to the heater but the high temperature mode is currently inaccessible to preserve an acceptably low ambient temperature within the device as seen in [0120]), and
the operation comprises at least one of an operation of heating the substrate, an operation of enabling inhalation of the aerosol, an operation of providing notification of a remaining level of the battery, or an operation of charging the battery (Lord teaches controller 208 is to send a signal to one of the LEDs 211 to light up and flash when the user attempts to increase the power supply to the heater but the high temperature mode is currently inaccessible to preserve an acceptably low ambient temperature within the device as seen in [0120]).
Regarding claim 4, Lord in view of Hamano teaches the device of claim 1, and Lord further teaches wherein the error comprises an error due to a temperature of the inhaler device being outside a predetermined temperature range (Lord teaches an overheating error when a temperature sensor detects the temperature within the device to exceed a predetermined threshold as seen in [0022] and [0120]).
Regarding claim 5, Lord in view of Hamano teaches the device of claim 4, and Lord further teaches wherein the controller is configured to, in response to an action to heat the substrate being performed with the error occurring, notify the indication of occurrence of the error on the plurality of notification elements (Lord teaches controller 208 detecting the ambient temperature by means of a temperature sensor as seen in [0120]. If the ambient temperature is detected to be above a predetermined threshold and a user attempt to increase the power supply to the heater, the controller 208 will send a signal to LEDs 211 to flash as a sign of error as seen in [0120] and [0096]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lord (EP 3711502 A1) in view of Hamano (US 20070235026 A1), as applied to claim 5, above, and further in view of Lim (US 20200221782 A1).
Regarding claim 6, Lord in view of Hamano teaches the inhaler device of claim 5, and Lord further teaches a button 212 to be depressed to control the heater 204 as seen in Figs. 2A-2B and [0117] but does not teach wherein the action to heat the substrate comprises at least one of an action of opening a shutter for an opening into which the substrate is to be inserted, or an action of depressing a button for heating the substrate.
However, Lim teaches wherein the action to heat the substrate comprises at least one of an action of opening a shutter for an opening into which the substrate is to be inserted, or an action of depressing a button for heating the substrate (Lim teaches a cover 30 mounted on an upper surface of the cap 10 capable of performing sliding movement as seen in Fig. 4 and [0076]. Lim further teaches a first sensor to sense whether the cigarette insertion hole 18 is opened or closed by cover 30 and a second sensor 62 to sense whether a cigarette is inserted as seen in Figs. 6-8 and [0090]-[0091]. In operation, shown in Fig. 11, step 1110 determines whether or not the cigarette insertion hole is opened or closed by cover 30 as seen in [0118]. If it is opened, step 1120 goes to step 1130 in which the aerosol generator device is turned ON mode as seen in [0119]-[0120]. Next, Lim teaches, either through user input received by the button or a signal sensed by the second sensor 62, the control power supply supplies to the heater 52 such that the heater is pre-heated to a predetermined temperature as seen in [0121]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inhaler device taught by Lord in view of Hamano to include the cover, first and second sensors and controller taught by Lim to aid preventing unintentional operation of the aerosol device and preventing unnecessary power consumption when a user is not smoking (see [0008]).
Claim(s) 7 and 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lord (EP 3711502 A1) in view of Bouchuiguir (US 20220354183 A1).
Regarding claim 7, Lord teaches an inhaler device (HT device 201, see Figs. 2A-2E) comprising:
a housing (body 209, see Figs. 2A-2B) having a substantially rectangular parallelepiped shape (body 209 has a substantially rectangular parallelepiped shape as seen in Figs. 2A-2B);
an opening (opening 221, see Fig. 2D) into which a substrate retaining an aerosol source is inserted (opening 221 and cavity 222 are formed to receive consumable 202 which comprises an aerosol-forming substrate 213 as seen in Figs. 2A and 2D [0103] and [0110]), the opening being provided at a first surface of the housing (opening 22a is provided at a first surface (top) of body 209 as seen in Fig. 2D),
a heater (heater 204 and heating element 223, see Fig. 2E) that heats the substrate with electric power to generate an aerosol (Lord teaches consumable 202 comprising an aerosol forming substrate 213 that is configured to be heated by the device 201 to release a vapor as seen in [0102]-[0103], wherein the heater is powered by an electric power source as seen in [0044] and [0117]), the electric power being provided from a battery (“A power source, in the form of a rechargeable battery 205 (a lithium ion battery), is located in electronics cavity 224.” See [0115]):
a button (button 212, see Fig. 2A) that is operated to heat the substrate by the heater (Lord teaches a button 212 to be depressed to control the heater 204 as seen in Figs. 2A-2B and [0117]), the button being provided at a second surface that is one of four surfaces adjacent to the first surface of the housing (button 212 is provided at a second surface that is one of the four surfaces adjacent to the top surface of the housing as seen in Figs. 2A-2B);
a display comprising a plurality of notification elements configured to notify a state of the inhaler device ([0035] of applicant’s specification recites “The notifier 93 is in the form of, for example, a display including a light-emitting element such as an LED…” Lord teaches a plurality of light-emitting diodes (LEDs) 211 (taken as display) as seen in Figs. 2A-2B and [0101]. Lord further teaches flashing one or more of the LEDs for a predetermined period of time to alert the user to the error event or the event of user misuse as seen in [0025], therefore notifying a state of the inhaler device); and
a controller (controller 108/208, see Figs. 1A and [0117]) configured to, in response to an error occurring in the inhaler device, notify an indication of occurrence of the error on the plurality of notification elements in a manner that causes a notification element provided at a first position on the second surface to notify for a predetermined period of time (Lord teaches flashing one or more of the LEDs 211 for a predetermined period of time to alert the user to the error event or the event of user misuse as seen in [0025]. As such, one or more LEDs notify an indication of an error that causes a notification element provided at a first position on the second surface to flash/notify for a predetermined period of time)
But does not teach a controller configured to, in response to an error occurring in the inhaler device, notify an indication of occurrence of the error on the plurality of notification elements in a manner that causes a notification element provided at a first position on the second surface to notify for a predetermined period of time and then causes another notification element provided at a second position among the plurality of notification elements to notify for a predetermined period of time, the first position being closer to a side of the opening than the button, the second position being different from the first position in the inhaler device.
However, Bouchuiguir teaches a control circuitry and an indicator 11 to inform the user of the status of the device as seen in Fig. 2 and [0059]-[0060] and [0074]. Bouchuiguir further teaches the LEDs to light up in sequence from a 1st LED to a 4th LED as seen in [0101], wherein the order of the LED may be starting from the one closest to the button 10 or another order is possible.
Both Lord and Bouchuiguir teach an aerosol generating device with multiple LEDs used to indicate the user the status of the device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inhaler device taught by Lord to have the LEDs light up in a sequence as taught by Bouchuiguir as a method of notifying or alerting a user of the status of the device using LEDs (see [0073] and [0101]). Furthermore, one of ordinary skill in the art would recognize there are a limited number of ways to light up LEDs in sequence with the most apparent methods are lighting it up from top to bottom or bottom to top. Therefore, as Bouchuiguir mentions it would be possible to start the order of the LED from another order, it would be a simple switch to start lighting the LEDs from the one closest to the top/opening rather than the one closest to the button/bottom. As such, Lord in view of Bouchuiguir teaches a controller configured to, in response to an error occurring in the inhaler device, notify an indication of occurrence of the error on the plurality of notification elements in a manner that causes a notification element provided at a first position on the second surface to notify for a predetermined period of time and then causes another notification element provided at a second position among the plurality of notification elements to notify for a predetermined period of time, the first position being closer to a side of the opening than the button, the second position being different from the first position in the inhaler device (Lord teaches controller 108/208 to alert the user to the error event or the event of user misuse using one or more of the LEDs 211 for a predetermined period of time as seen in [0025]. Bouchuiguir teaches an indicator 11 to inform the user of the status of the device as seen in Fig. 2 and [005 9]-[0060] and [0074], wherein the indicators/LEDs light up in sequence from a 1st LED to a 4th LED as seen in [0101]. Therefore, Lord in view of Bouchuiguir teaches controller 108/208 to alert the user to the error event or the event of user misuse using a first lit up LED from the one or more LEDs 211 for a predetermined period of time and then causes a second LED from the one or more LEDs 211 to light up for a predetermined time, the first LED being closer to the opening).
Regarding claim 11, Lord teaches a display method in an inhaler device (HT device 201, see Figs. 2A-2E) ([0035] of applicant’s specification recites “The notifier 93 is in the form of, for example, a display including a light-emitting element such as an LED…” Lord teaches one or more LEDs used to generate visual feedback for predetermined period of time to alert the user to the error event or the event of user misuse as seen in Fig. 3 and [0025]), the inhaler device comprising:
a housing (body 209, see Figs. 2A-2B) having a substantially rectangular parallelepiped shape (body 209 has a substantially rectangular parallelepiped shape as seen in Figs. 2A-2B);
an opening (opening 221, see Fig. 2D) into which a substrate retaining an aerosol source is inserted (opening 221 and cavity 222 are formed to receive consumable 202 which comprises an aerosol-forming substrate 213 as seen in Figs. 2A and 2D [0103] and [0110]), the opening being provided at a first surface of the housing (opening 22a is provided at a first surface (top) of body 209 as seen in Fig. 2D);
a heater (heater 204 and heating element 223, see Fig. 2E) that heats the substrate with electric power to generate an aerosol (Lord teaches consumable 202 comprising an aerosol forming substrate 213 that is configured to be heated by the device 201 to release a vapor as seen in [0102]-[0103], wherein the heater is powered by an electric power as seen in [0044] and [0117]), the electric power being provided from a battery (“A power source, in the form of a rechargeable battery 205 (a lithium ion battery), is located in electronics cavity 224.” See [0115]);
a button (button 212, see Fig. 2A) that is operated to heat the substrate by the heater (Lord teaches a button 212 to be depressed to control the heater 204 as seen in Figs. 2A-2B and [0117]), the button being provided at a second surface that is one of four surfaces adjacent to the first surface of the housing (button 212 is provided at a second surface that is one of the four surfaces adjacent to the top surface of the housing as seen in Figs. 2A-2B); and
a notifier comprising a plurality of notification elements (Lord teaches a plurality of light-emitting diodes (LEDs) 211 (taken as display) as seen in Figs. 2A-2B and [0101]), the display method comprising the steps of:
notifying a state of the inhaler device on the plurality of notification elements (Lord teaches flashing one or more of the LEDs for a predetermined period of time to alert the user to the error event or the event of user misuse as seen in [0025], therefore notifying a state of the inhaler device); and
in response to an error occurring in the inhaler device, notifying an indication of occurrence of the error on the plurality of notification elements in a manner that causes a notification element provided at a first position on the second surface to notify for a predetermined period of time (Lord teaches controller 108/208 and flashing one or more of the LEDs 211 for a predetermined period of time to alert the user to the error event or the event of user misuse as seen in [0025]. As such, one or more LEDs notify an indication of an error that causes a notification element provided at a first position on the second surface to flash/notify for a predetermined period of time)
But does not teach in response to an error occurring in the inhaler device, notifying an indication of occurrence of the error on the plurality of notification elements in a manner that causes a notification element provided at a first position on the second surface to notify for a predetermined period of time and then causes another notification element provided at a second position among the plurality of notification elements to notify for a predetermined period of time, the first position being closer to a side of the opening than the button, the second position being different from the first position in the inhaler device.
However, Bouchuiguir teaches a control circuitry and an indicator 11 to inform the user of the status of the device as seen in Fig. 2 and [0059]-[0060] and [0074]. Bouchuiguir further teaches the LEDs to light up in sequence from a 1st LED to a 4th LED as seen in [0101], wherein the order of the LED may be starting from the one closest to the button 10 or another order is possible.
Both Lord and Bouchuiguir teach an aerosol generating device with multiple LEDs used to indicate the user the status of the device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inhaler device taught by Lord to have the LEDs light up in a sequence as taught by Bouchuiguir as a method of notifying or alerting a user of the status of the device using LEDs (see [0073] and [0101]). Furthermore, one of ordinary skill in the art would recognize there are a limited number of ways to light up LEDs in sequence with the most apparent methods are lighting it up from top to bottom or bottom to top. Therefore, as Bouchuiguir mentions it would be possible to start the order of the LED from another order, it would be a simple switch to start lighting the LEDs from the one closest to the top/opening rather than the one closest to the button/bottom. As such, Lord in view of Bouchuiguir teaches in response to an error occurring in the inhaler device, notifying an indication of occurrence of the error on the plurality of notification elements in a manner that causes a notification element provided at a first position on the second surface to notify for a predetermined period of time and then causes another notification element provided at a second position among the plurality of notification elements to notify for a predetermined period of time, the first position being closer to a side of the opening than the button, the second position being different from the first position in the inhaler device (Lord teaches controller 108/208 to alert the user to the error event or the event of user misuse using one or more of the LEDs 211 for a predetermined period of time as seen in [0025]. Bouchuiguir teaches an indicator 11 to inform the user of the status of the device as seen in Fig. 2 and [0059]-[0060] and [0074], wherein the indicators/LEDs light up in sequence from a 1st LED to a 4th LED as seen in [0101]. Therefore, Lord in view of Bouchuiguir teaches controller 108/208 to alert the user to the error event or the event of user misuse using a first lit up LED from the one or more LEDs 211 for a predetermined period of time and then causes a second LED from the one or more LEDs 211 to light up for a predetermined time, the first LED being closer to the opening).
Regarding claim 12, Lord in view of Bouchuiguir teaches the device of claim 7, and Lord further teaches wherein the plurality of notification elements are arranged continuously (LEDs 211 are arranged continuously as seen in Figs. 2A-2B and [0101]).
Regarding claim 13, Lord in view of Bouchuiguir teaches the device of claim 7, and Lord further teaches wherein
the plurality of notification elements notifies the state of the inhaler device when the inhaler device is performing an operation (Lord teaches an output means comprising one or more LEDs 211 to convey information to the user about a condition or state indicative of the device/heater as seen in [0048], [0054] and [0129]. Furthermore, controller 208 is to send a signal to one of the LEDs 211 to light up and flash when the user attempts to increase the power supply to the heater but the high temperature mode is currently inaccessible to preserve an acceptably low ambient temperature within the device as seen in [0120]), and
the operation comprises at least one of an operation of heating the substrate, an operation of enabling inhalation of the aerosol, an operation of providing notification of a remaining level of the battery, or an operation of charging the battery (Lord teaches controller 208 is to send a signal to one of the LEDs 211 to light up and flash when the user attempts to increase the power supply to the heater but the high temperature mode is currently inaccessible to preserve an acceptably low ambient temperature within the device as seen in [0120]).
Regarding claim 14, Lord in view of Bouchuiguir teaches the device of claim 7, and Lord further teaches wherein the error comprises an error due to a temperature of the inhaler device being outside a predetermined temperature range (Lord teaches an overheating error when a temperature sensor detects the temperature within the device to exceed a predetermined threshold as seen in [0022] and [0120]).
Regarding claim 15, Lord in view of Bouchuiguir teaches the device of claim 14, and Lord further teaches wherein the controller is configured to, in response to an action to heat the substrate being performed with the error occurring, notify the indication of occurrence of the error on the plurality of notification elements (Lord teaches controller 208 detecting the ambient temperature by means of a temperature sensor as seen in [0120]. If the ambient temperature is detected to be above a predetermined threshold and a user attempt to increase the power supply to the heater, the controller 208 will send a signal to LEDs 211 to flash as a sign of error as seen in [0120] and [0096]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lord (EP 3711502 A1) in view of Bouchuiguir (US 20220354183 A1)., as applied to claim 15, above, and further in view of Lim (US 20200221782 A1).
Regarding claim 16, Lord in view of Bouchuiguir teaches the device of claim 15, and Lord further teaches a button 212 to be depressed to control the heater 204 as seen in Figs. 2A-2B and [0117] but does not teach wherein the action to heat the substrate comprises at least one of an action of opening a shutter for an opening into which the substrate is to be inserted, or an action of depressing a button for heating the substrate.
However, Lim teaches wherein the action to heat the substrate comprises at least one of an action of opening a shutter for an opening into which the substrate is to be inserted, or an action of depressing a button for heating the substrate (Lim teaches a cover 30 mounted on an upper surface of the cap 10 capable of performing sliding movement as seen in Fig. 4 and [0076]. Lim further teaches a first sensor to sense whether the cigarette insertion hole 18 is opened or closed by cover 30 and a second sensor 62 to sense whether a cigarette is inserted as seen in Figs. 6-8 and [0090]-[0091]. In operation, shown in Fig. 11, step 1110 determines whether or not the cigarette insertion hole is opened or closed by cover 30 as seen in [0118]. If it is opened, step 1120 goes to step 1130 in which the aerosol generator device is turned ON mode as seen in [0119]-[0120]. Next, Lim teaches, either through user input received by the button or a signal sensed by the second sensor 62, the control power supply supplies to the heater 52 such that the heater is pre-heated to a predetermined temperature as seen in [0121]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inhaler device taught by Lord in view of Bouchuiguir to include the cover, first and second sensors and controller taught by Lim to aid preventing unintentional operation of the aerosol device and preventing unnecessary power consumption when a user is not smoking (see [0008]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lord (EP 3711502 A1) in view of Hamano (US 20070235026 A1), as applied to claim 1, above, and further in view of Bouchuiguir (US 20220354183 A1).
Regarding claim 17, Lord in view of Hamano teaches the device of claim 1, but does not teach wherein the plurality of notification elements are arranged continuously and in direct contact with one another, such that the indication of occurrence of the error is a contiguous and unbroken visual indication.
However, Bouchuiguir teaches wherein the plurality of notification elements (indicator 11, see Fig. 2) are arranged continuously and in direct contact with one another, such that the indication of a status is a contiguous and unbroken visual indication (Bouchuiguir teaches indicator 11 which is a linearly extending display that comprises a line of a plurality of illumination devices such as LEDs as seen in Fig. 2 and [0075] that is arranged continuously and in direct contact with one another. Furthermore, Bouchuiguir teaches the LEDs to light up in sequence to indicate a status of the device, therefore showing a contiguous and unbroken visual indication as seen in [0033] and [0101]).
Bouchuiguir teaches a device 1 with different examples of indicators of 11-14 as seen in Figs. 2-6. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inhaler device taught by Lord in view of Hamano to have the plurality of notification elements be arranged continuously and in direct contact with one another as an alternative design taught by Bouchuiguir as it does not affect the function of the device. Modified Bouchuiguir teaches the indication of occurrence of the error is a contiguous and unbroken visual indication (Lord teaches flashing one or more of the LEDs for a predetermined period of time to alert the user to the error event or the event of user misuse as seen in [0025]. Bouchuiguir teaches the LEDs to be a line of a plurality of LEDs as seen in Fig. 2 and [0075]. As such, modified Bouchuiguir teaches the LEDs to light up in an occurrence of an error event in a contiguous and unbroken visual indication).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lord (EP 3711502 A1) in view of Hamano (US 20070235026 A1), as applied to claim 1, above, and further in view of Lim (US 20200221782 A1) and Levine (US 5226411 A).
Regarding claim 18, Lord in view of Hamano teaches the device of claim 1, and Lord further teaches a button 212 to be depressed to control the heater 204 as seen in Figs. 2A-2B and [0117] but does not teach wherein the controller is configured to discontinue the display in response to the shutter is closed before the indication of occurrence of the error on the displays ends, and configured to redisplay the indication of occurrence of the error in response to the button region is depressed after the indication of occurrence of the error on the displays ends with the shutter remaining open.
However, Lim teaches wherein the controller is configured to discontinue the display in response to the shutter is closed before the indication of occurrence of the error on the displays ends (Lim teaches a cover 30 mounted on an upper surface of the cap 10 capable of performing sliding movement as seen in Fig. 4 and [0076]. Lim further teaches a first sensor to sense whether the cigarette insertion hole 18 is opened or closed by cover 30 and a second sensor 62 to sense whether a cigarette is inserted as seen in Figs. 6-8 and [0090]-[0091]. In operation, shown in Fig. 11, step 1110 determines whether or not the cigarette insertion hole is opened or closed by cover 30 as seen in [0118]. If it is closed, step 1120 goes to step 1135 in which the aerosol generator device is in an OFF mode as seen in [0122]. As such, Lim teaches the operational mode of the device to be OFF when the cigarette insertion hole is closed (see [0122]), leading to no indication of error on the display).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inhaler device taught by Lord in view of Hamano to include the cover, first and second sensors and controller taught by Lim to aid preventing unintentional operation of the aerosol device and preventing unnecessary power consumption when a user is not smoking (see [0008]).
However, Levine teaches an aerosol nebulizer heater 10 as shown in Figs. 1-3 and 5 and Col. 3, lines 9-17. Levine further teaches a warning means for indicating where the temperature served by said sensing means is outside specified limits (see claim 24) to prevent both underheating and overheating (see Col. 9, lines 25-29 and 41-49).
Lord teaches an error when of the LEDs flashing when the temperature is above a predetermined threshold as seen in [0120]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inhaler device taught by modified Lord to have a warning when the temperature sensed is outside specified limits (more specifically, below the specified limits) as taught by Levine to deliver heated aerosol to the patient within a specified temperature range to provide the therapeutic benefits of heated aerosols (see Col. 1, lines 46-55 and 60-67). Modified Lord teaches wherein the controller is configured to redisplay the indication of occurrence of the error in response to the button region is depressed after the indication of occurrence of the error on the displays ends with the shutter remaining open (Levine teaches a warning means for indicating when the temperature is outside of specified limits. Lord teaches an error when of the LEDs flashing when the temperature is above a predetermined threshold as seen in [0120]. As such, modified Lord teaches an error of the LEDs flashing when the temperature is both above and below a predetermined threshold. As such, when the cover 30 of Lim is opened and the button is depressed, there is an error being displayed since the temperature is not at the predetermined threshold, and the user cannot yet start inhalation).
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.
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/TINA ZHANG/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785