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
It is noted that the IDS filed 3/20/2024 contains a large number of references for consideration by the Examiner. If the applicant and/or applicant's representative are aware of any particular reference or portion of a reference in the list which the examiner should take pay particular attention to it is requested that it be specifically pointed out in response to this Office action.
Election/Restrictions
Claims 12-17 and 19-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/18/2025.
Applicant’s election without traverse of group I, claims 1-11 in the reply filed on 8/18/2025 is acknowledged.
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 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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Worm et al. (U.S Pub. No. 20190289908) in view of Lim et al. (U.S Pub. No. 20210127748).
Regarding claim 1, Worm discloses an apparatus, comprising: a heating element configured to vaporize a vaporizable material (fig. 1);
Worm suggests a sensor configured to detect puff characteristic data such as a duration of a puff [0075] and total duration of puffs [0077]; and a controller configured to adjust, based at least on the said sensor, a temperature of the heating element [0075, 0077 and 0085]. Worm does not expressly disclose an interval between the first puff and a second puff subsequent to the first puff (Worm implicitly discloses the features by the total time of the puffs [0077]) as puff characteristic data. Lim discloses puff characteristic data include a puff interval, and a number of puffs, a time interval between a user’s puffs [0054]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention make the sensor of Worm to detect puff characteristic data including a time interval between a user’s puffs (including an interval between the first puff and a second puff subsequent to the first puff) to control the temperature of the heating element to deliver a desire a mount of TPM [0077 of Worm].
Regarding claim 2, Worm discloses the heating element is adjusted to a first temperature for the first puff and a second temperature for the second puff [0077,0085].
Regarding claim 3, Worm discloses the heating element is maintained at the second temperature for the second puff and at least a third puff subsequent to the second puff [0077,0085].
Regarding claim 4, Worm discloses the heating element is further adjusted to a third temperature subsequent to the third puff [0085].
Regarding claim 5, Worm discloses the controller adjusts the temperature of the heating element to achieve a flat total particulate matter (TPM) profile [0077].
Regarding claim 6, Worm discloses the flat TPM profile corresponds to delivering a first TPM with the first puff and a second TPM with the second puff, and wherein the first TPM and the second TPM are within a predetermined TPM range [0077].
Regarding claim 7, Worm discloses the predetermined TPM range is between 3.5 milligrams and 5 milligrams [0077].
Regarding claim 8, Worm discloses the first TPM and the second TPM correspond to a mass of volatiles included in an aerosol delivered with a corresponding puff [0077].
Regarding claim 9, Worm discloses the controller adjusts the temperature of the heating element by at least regulating an output voltage of a power source of the apparatus and/or a duty cycle at which electrical power from the power source is delivered to the heating element [0127-0128].
Regarding claim 10, Worm discloses the heating element is positioned adjacent a vaporizable material receptacle configured to receive a vaporizable material insert including the vaporizable material [0062].
Regarding claim 11, Worm discloses the vaporizable material insert includes one or more perforations configured to allow air traveling along an airflow pathway of the apparatus to pass through the vaporizable material included in the vaporizable material insert [0062].
Response to Arguments
Applicant’s arguments filed 1/02/2026 have been considered but are moot in view of the new ground of rejection
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 5712703882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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