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 .
Status of the Claims
Claims 1 and 3-13 are currently pending and are subject to this office action. Claim 2 is canceled. Claims 1, 3, 5, 8 are amended. Claims 9-13 are withdrawn. This office action is in response to Applicant’s amendment filed on 09/22/2025.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 09/22/2025 containing amendments and remarks to the drawings, specification, abstract, and claims.
In response to Applicant’s amendments filed 09/22/2025, the Examiner withdraws the objection to the drawings for minor informalities.
In response to Applicant’s amendments filed 09/22/2025, the Examiner withdraws the objection to the specification for minor informalities.
In response to Applicant’s amendments filed 09/22/2025, the Examiner withdraws the objection to the claims for minor informalities.
Response to Arguments
Applicant’s arguments, on pages 10-11, filed 09/22/2205, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) have been fully considered and are not persuasive. The Applicant argues that He discloses only two operational stages and He’s temperature-rising stage is not maintained within a preset third temperature range.
The Examiner respectfully disagrees. As the Applicant noted, He describes sequential control of a heating element through multiple temperatures. He teaches a preheating stage followed by a constant temperature stage that includes two distinct temperature levels, T1 and T2. While he may not expressly label these temperature changes as separate stages, the determination of stages is not limited to the literal terminology used by the reference. The prior art must simply describe each element of the claim, expressly or inherently (MPEP 2131). Steps that define separate functions can constitute as different stages as well. The order of the temperature stages in He is inherently shown by the changes of the control module. He’s temperature control defines a first period where power increases the temperature to initiate vaporization, a second period where the temperature fluctuates between T1 and T2, and a third period where the power adjustment maintains temperature within a narrower range.
Further, He discloses that during the temperature-rise phase, “the first and second temperatures are increased by 5 °C continuously [0059], which shows active adjustment and maintenance of temperature within a defined smaller range than the prior period. He’s gradual stepwise control between T1 and T2, and stabilization around constant levels produces a third functional stage where temperature is maintained within a narrower range. Therefore, the rejection is maintained.
The following are modified rejections based on Applicant’s amendments to the claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5, 6, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by He (CN 108851242 A, as cited in IDS dated 02/06/2023 and hereinafter citations referring to English Machine Translation).
With regard to Claim 1, He, directed to a heating element temperature control method and electrical smoking system, teaches (i) a heating element for heating and releasing volatile compounds [0041] and an energy supply device to control the work of the heating element [0042]. (ii) A control module controls the energy supply of the heating element [0042]. (iii) The heating element can work in a preheating stage in a preset preheating temperature and move to a first constant temperature of a constant temperature stage to release volatile compounds [0042]. (iv) The constant temperature stage includes going from the first constant temperature, after a preset time, to a second constant temperature and back to the first constant temperature [0022-0023], meeting the claim limitation of a second stage.
He further teaches (v) wherein after operating in the constant temperature stage for a preset time, the device enters a temperature rising stage. During the temperature rising stage, the temperature value of the first constant temperature is gradually increased several times from the second constant temperature [0016]. (vi) During the temperature rising stage, the first and second constant temperature are increased by a temperature level of 5 °C continuously [0059] while the temperature difference in the first constant temperature and second constant temperature of the constant temperature stage is 50 °C [0044].
With regard to Claim 5, He teaches (i) wherein the constant temperature stage includes going from the first constant temperature, after a preset time, to a second constant temperature [0022]. (ii) When the heating element is continuously kept at the first constant temperature for more than a first preset time, the heating element is cooled from the first constant temperature to the second constant temperature [0022], indicating a reduction in power. (iii) When the heating element has an instant drop at the second constant temperature, the heating element rises to the first constant temperature [0023], indicating an increase in power.
With regard to Claim 6, He teaches (i) wherein the constant temperature stage includes going from the first constant temperature, after a preset time, to a second constant temperature [0022]. (ii) The heating element goes back and forth between the first and second constant temperatures after preset times [0015], by controlling the energy supply of the heating element [0019].
With regard to Claim 7, He teaches wherein in the preheating stage, the preset preheating temperature can be to 350 °C [0047], which can also be the same as the first constant temperature [0044]. The first constant temperature is suitable for promoting the release of volatile compounds [0044], meeting the wherein a lower limit temperature of the first temperature range is greater than vaporization critical temperature of the aerosol-forming substrate.
With regard to Claim 8, He teaches wherein during the temperature rising stage, the first constant temperature is increased several times from the second constant temperature [0017], meeting the claim limitation of fluctuated power.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over He (CN 108851242 A, as cited in IDS dated 02/06/2023 and hereinafter citations referring to English Machine Translation), as applied to claims 1 and 2 above.
With regard to Claim 3, He teaches wherein the temperature of the heating element goes from a first constant temperature to second constant temperature [0015], relating to the second stage of the claimed invention. Both constant temperatures can be freely adjusted within a preset range. A person of ordinary skill in the art would find it obvious that the preset value of the constant temperatures could be any number and as there are different temperatures that require different powers within the range, one could select any value below the difference in power between the fluctuations as the preset first power difference.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over He (CN 108851242 A, as cited in IDS dated 02/06/2023 and hereinafter citations referring to English Machine Translation), as applied to claims 1, 2, and 3 above, and further in view of Farine (US 20150237916 A1, as cited in IDS dated 11/25/2024).
With regard to Claim 4, He teaches wherein after operating in the constant temperature stage for a preset time, the device enters a temperature rising stage [0016]. Modified He teaches all the limitations of the claims as set forth above, however modified He is silent to:
Wherein, in the third stage, the heating power of the heating element fluctuates
The absolute value of the difference between the heating power obtained by two adjacent fluctuations of the heating element is greater than a preset second power difference
Farine, directed to a device and method for controlling an electrical heater, teaches (i) a smoking session split into multiple phases, wherein a third phase of the smoking session limits a duty cycle of the device to 60%. A person of ordinary skill in the art would understand that duty cycle corresponds to the amount of time power is supplied to the heating element and that in a phase with a lower percentage, the system would modulate power in response to heat loss or a puff. (ii) Further, the first phase has a duty cycle of 95%, a second phase has a duty cycle of 65%, the third phase has a duty cycle of 60%, and so forth [0092]. There is a 30% power difference in the first and second phase, while there is a 5% power difference between the second and third phase, wherein 5% is smaller than 30%. A person of ordinary skill in the art would be motivated to apply the power difference logic of Farine to the temperature rising stage of He to keep track of abnormal conditions [0009] and limit risk of combustion of the substrate [0008].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heating control method of modified He to when in the third stage, the heating power of the heating element fluctuates and the absolute value of the difference between the heating power obtained by two adjacent fluctuations of the heating element is greater than a preset second power difference, wherein the second power difference is smaller than the first power difference because both He and Farine are directed to limiting the risk of combustion in aerosol generating devices. Farine teaches a smoking session split into multiple phases with different duty cycle values to keep track of abnormal conditions [0009] and limit risk of combustion of the substrate [0008] and this merely involves applying a known power difference technique to a known aerosol generating device ready for improvement to yield predictable results.
Conclusion
THIS ACTION IS MADE FINAL. 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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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755