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, 3-4, 9-10, 12-13, 15, 20-21, 26-29, and 31-33 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant's election with traverse of Claims 1-3, 9-10, 12-13, 15, 20-21 and 26-29 in the reply filed on 30 March 2026 is acknowledged. The traversal is on the ground(s) that the claims share technical feature has been amended to include additional features that are not disclosed in Braunshteyn, rendering said restriction moot.
Upon further search and consideration, Examiner has found that in view of the additional prior art Moloney et al (Publication No. WO2019185746A1), the technical feature recited in the amended claim would be considered as obvious over the prior art and therefore, Examiner maintains that the “special technical feature” lacks novelty or inventive step and does not make a contribution over the prior art (see Claim 1 rejection below for full rejection of the technical feature). Therefore, no single general inventive concept exists and restriction is appropriate.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “the first one of the consumable and control body” and “the second one of the consumable and control body” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "420" and "410" have both been used to designate the emitting element. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-3, 9-10, 12-13, 15, 20-21 and 26-29 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 recites “the first one of the consumable and control body” and “the second one of the consumable and control body” which are considered indefinite because it is unclear if “the first/second one” is referring to a plurality of components or if they are referring to structural limitations directed to the consumable and the control body.
If “the first/second one” is referring to a plurality of consumables and control bodies, the specification does not explicitly state that there a multiple of said components, nor do the drawings seem to indicate that there are more than one consumable and/or control body.
If “the first/second one” is providing further structural limitations to the consumable and control body, it is unclear within the specification what parts of the consumable/control body is being identified as the “first one” in comparison to “the second one” and as such, the recitation of “the first one of the consumable and control body” and “the second one of the consumable and control body” is considered indefinite.
Based on the disclosure and drawings in regards to various components associated with “the first/second one” such as the sensor and emitting element, it appears that the “first/second one” may be referring to a general portion and/or side of the consumable and control body.
For examination purposes, Examiner has interpreted “the first one of the consumable and control body” and “the second one of the consumable and control body” to broadly refer to a first/second portion or section of the consumable and/or control body.
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.
Claims 1-3, 9-10, 12-13, 15, 20-21 and 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moloney et al (Publication No. WO2019185746A1, see provided copy) in view of Braunshteyn et al (Publication No. US20070074734A1).
Regarding Claim 1, Moloney discloses an aerosol provision system comprising:
a control body (Aerosol delivery device 100) comprising an aerosol generator (Heating element 60) configured to generate aerosol from an aerosol-generating material (i.e., aerosolisable material) (Fig. 1; Page 3, Lines 12-20);
a consumable (200) configured to engage with the control body (100) (Fig. 1; Page 3, Lines 19-23; consumable is engaged with the body device via device’s receptacle 110);
circuitry (140) configured to control a supply of energy from a power supply (i.e., battery) to the aerosol generator (i.e., heater) (Fig. 3; Page 4, Lines 10-15; Page 12, Lines 20-22; Circuitry contains the power supply/battery and processor; power button is used to activate power delivery which implies that the circuitry is using its processor and power supply to supply power);
and a safety element (Receiver 130) configured to operate when the consumable (200) is inserted with the control body (100) (Figs. 3, 5; [0026-0027]; the consumable cigarette is inserted into the heating chamber of the lighter/control body);
wherein an actuation state of the safety element (130) depends on the detection state of the sensor (130) (Page 7, Lines 15-31; the receiver is capable of actuating/operating a heating profile in response to receiving signals, wherein the signals can vary and change the response);
wherein the second one (i.e., second portion) of the consumable (200) and the control body (100) comprises an emitting element (Transmitter 120) configured to emit a first field or signal (S1) (see annotated Fig. 2; Page 5, Lines 1-10; Page 7, Lines 10-15; the left side of the consumable and control body is considered equivalent to the second one/portion); and
wherein the safety element (130) comprises a sensor associated with a first one (i.e., first portion) of the consumable (200) and the control body (100) (see annotated Fig. 2; Page 8, Lines 21-22; safety element sensor is located on the right side of the consumable and control body; this is considered equivalent to associating with the first one of the consumable and control body); and
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is configured with a detection state which varies in dependence on a characteristic of the second one (i.e., second portion) of the consumable (200) and the control body (100), such that the presence of the second one of the consumable (200) and control body (100) when the consumable (200) is engaged with the control body (100) influences the detection state of the sensor (130) (see Fig. 2; Page 4, Lines 15-25; Page 5, Lines 13-16; Page 7, Lines 15-30; on the left side of the consumable and control body comprises an altering component 220 which configures said left side to alter physical characteristics of a signal when the consumable is inserted; said alterations are detectable and measurable by the sensor); and
the detection state of the sensor (130) is configured to vary in dependence on a characteristic of a second field or signal (S2) associated with the first field or signal (S1) (Page 11, Lines 8-15; the sensor is configured to be able to detect specific predetermined alterations that can be associated with data; the predetermined alterations are considered equivalent to variations of the characteristic);
wherein an association between the first field or signal (S1) and the second field or signal (S2) depends on the characteristic of the second one (i.e., second portion) of the consumable and the control body (see Fig. 2; Page 11, Lines 8-15; S1 and S2 signals are dependent on the properties of the altering component 220 characteristic alteration; the location wherein the component 220 is located is considered the second one of the consumable and control body); and
wherein the second field or signal (S2) comprises a transformed or modified version of the first field or signal (S1) (Page 7, Lines 10-15; the second signal is an altered version of the first signal which is considered equivalent to being transformed/modified);
wherein the first field or signal (S1) is transformed or modified by a portion of the second one (i.e., second portion including altering component 220) of the consumable and control body via a process of reflection (Page 4, Lines 20; discloses the altering second one 220 as a reflector which is considered equivalent to reflecting), attenuation (Page 9, Lines 22-25; the second one 220 is an attenuator that attenuates), refraction (Page 4, Lines 20; discloses the altering second one 220 as a refractor which is considered equivalent to refraction), or absorption and re-emittance when the consumable is engaged with the control body (Page 10, Lines 9-12; second one 220 receives UV light and emits it as visible light).
Moloney does not explicitly disclose the following:
an aerosol-generating material storage area comprised in the consumable and configured to hold a supply of the aerosol-generating material to be aerosolized by the aerosol generator;
wherein the circuitry is configured to prevent the supply of energy to the aerosol generator unless the safety element is actuated; and
the first one of the consumable and control body comprises the emitting element.
Regarding (I), it should be noted that Moloney in general discusses an aerosol delivery device using articles for HNB that are adapted from more traditional cigarettes and cigar products comprising tobacco material for burning/aerosolizing (see Abstract). One ordinarily skilled in the art would know that a standard cigarette comprises of wrapping said tobacco material in a wrapper to form the final article, wherein said wrapper forms an inner space/area for holding the tobacco material.
Therefore, it would be obvious to one ordinarily skilled in the art that if Moloney’s aerosol delivery device is adapted to accept a general consumable article (200) that is illustrated to be similar to a cigarette (see Fig. 2) to be heated by a heater (i.e., aerosol generator), it is implied that the article itself must have a space/area within said consumable article to hold the aerosolisable tobacco material.
Regarding (II), Braunshteyn, directed to a smokeless cigarette system (i.e., aerosol provision system), discloses a control body (Lighter 20) comprising an aerosol generator (Heating element 60) configured to generate aerosol (i.e., volatiles) from an aerosol-generating material (i.e., tobacco) (Fig. ; [0019-0020, 0024-0026]; Lighter component includes a control system that operates the heating element to heat the chamber 52 and generate aerosol/volatiles).
Braunshteyn further discloses a circuitry component (Timer circuit 82) configured to control a supply of energy from a power supply (Battery 70) to the aerosol generator (60) (Fig. 5; [0027]), and a safety element (Actuator 80) configured to operate (i.e., actuate) when a consumable (Cigarette 22) is inserted (i.e., engaged) with the control body (20) (Figs. 3, 5; [0026-0027]; the actuator can be a conventional sensor; consumable cigarette is inserted into the heating chamber of the lighter/control body).
The circuitry (82) is configured to prevent the supply of energy to the aerosol generator (60) unless the safety element (80) is actuated (Figs. 3, 5; [0026-0027]; the circuit supplies energy to the heating element only when it is connected to the battery via operation of the actuator; implies that energy cannot be supplied unless the actuator/safety element is operated/actuated).
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 circuitry and sensor disclosed by Moloney so that they are configured to prevent supplying energy to a heating element when the sensor/actuator is actuated/operated as disclosed by Braunshteyn, as both are directed to an aerosol provision system, where this involves applying a known teaching of utilizing circuitry and sensor components for controlling power to a heating element as disclosed by Braunshteyn, to another similar provision device comprising circuitry, sensors and heating element disclosed by Moloney to predictable yield an aerosol device capable of stopping energy supply to a heating element as a response to the sensor actuating in response to a consumable being inserted into a control body.
Regarding (III), it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C).
In this regard, Moloney discloses that while in Figure 2, the emitting element (120) and sensor (130) are shown on opposite sides (i.e., different portions) of the receptacle, the configuration of the element and sensor can be configured in different relative positions so long as they are still spaced from each other (Page 6, Lines 29-32). For example, Moloney details that a variation where the element (120) and sensor (130) can be positioned along an insertion axis of the consumable while remaining broadly opposite sides by having a radial offset less than 180 degrees (Page 7, Lines 1-10; having an offset less than 180 degrees would imply that the element and sensor can be arranged on the first one/portion).
Therefore, it would be an obvious matter of design choice for one ordinarily skilled in the art to arrange the emitting element (120) on a first one (i.e., side/portion) of the consumable (200) and control body (100) so long as the two components are spaced apart by a radial offset as dictated by Moloney’s disclosure, to predictably result in the device maintaining its operability of sending signals from the emitting element (120) to the sensor (130).
Regarding Claim 3, Moloney further discloses the characteristic associated with the second one of the consumable or the control body comprises a characteristic which interacts with an ambient magnetic field which is receivable by the sensor when the consumable (200) is not engaged with the control body (100) (Page 5; Lines 18-25; ambient magnetic field is equivalent to the unaltered field disclosed by Moloney between the element 120 and sensor 130; Page 6, Lines 1-3; the characteristic can be magnetic permeability altered by the altering component 220).
Regarding Claim 4, Moloney further discloses the characteristic associated with the second one of the consumable (200) or the control body (100) comprises a signal or a field emitted by an emitting element (120) associated with the second one/portion of the consumable or the control body (see annotated Fig. 2; Page 5; Lines 18-25; Page 6, Lines 1-3; the characteristic can be magnetic permeability altered by the altering component 220 which is then translated to an altered signal sent to the sensor 130)
wherein the detection state of the sensor (130) varies in dependence on a characteristic of the signal or the field (Page 6, Lines 5-15; Moloney notes that the sensor’s response is dependent on the characteristic change and can be associated to consumable data).
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Regarding Claim 10, Moloney further discloses the characteristic associated with the second one/portion of the consumable (200) or the control body (100) comprises an optical characteristic (i.e., frequency of fluoresces), and the first field or the first signal (S1) comprises an optical signal (i.e., UV light) (Page 10, Lines 4-12).
Regarding Claim 12, Moloney further discloses the emitting element (120) comprises a first electrode (i.e., capacitor plate) configured to generate an electric field (Page 5, Lines 3-9);
wherein the sensor (130) is configured with a detection state which varies in dependence on a degree of capacitive coupling between the first electrode and the sensor (130) associated with either the control body or the consumable (Page 5, Lines 18-25; Page 6, Lines 19-23; discloses that the sensor 130 is also a capacitor plate which is considered equivalent to the second electrode).
Regarding Claim 13, Moloney further discloses the second electrode (130) is associated with the first one/portion of the control body (100) or the consumable (200) (see annotated Fig. 2).
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Regarding Claim 15, Moloney further discloses the emitting element (120) and the sensor (130) are arranged such that the first field or the first signal (S1) is transformed or modified to produce the second field or the second signal (S2) via transmission through the portion of the second one of the consumable (200) or the control body (100) (see Fig. 2; Page 10, Lines 20-25; the sensor and element are configured such that the signal is passed through the consumable and altered by the altering component 220 within said consumable).
Regarding Claim 21, Moloney further discloses the sensor (130) is connected to control circuitry (140) configured to measure the detection state of the sensor (130) (Figs. 2-3; Page 5, Lines 18-25; signal can be measured via flowing current );
and wherein the control circuitry only permits current to flow to the aerosol generator if the measured detection state is within the predefined range.
Regarding Claim 26, Modified Moloney further discloses the aerosol generator (i.e., heater/heating assembly) comprises a heating element (see Claim 1 rejection for modification of the heater; Braunshteyn, [0019]; discloses that the heating assembly includes a cylindrical heating element).
Regarding Claim 27, Modified Moloney further discloses the aerosol provision system is configured to generate the aerosol via heat from the aerosol generator (i.e., heater/heating assembly) being transported from the control body (100) to the consumable (200) to heat a portion of the aerosol-generating material (i.e., aerosolisable material) contained in the consumable (see Claim 1 rejection for full modification; see Fig. 2; Moloney’s receptacle 110 which has been modified to serve as the heating assembly is formed from the control body 100, implying that heat is transported from the control body to the consumable via assembly).
Regarding Claim 28, Moloney further discloses the circuitry (140) comprising the safety element (130) is entirely comprised in the first one (i.e., first portion) of the consumable (200) or the control body (100) (see annotated Fig. 2 below).
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Regarding Claim 29, Moloney does not explicitly disclose at least a portion of the aerosol generator (i.e., heater) is exposed when the consumable (200) is disengaged from the control body (100). However, it should be noted that Moloney states that the receptacle (110) receives a consumable 200 for the purpose of generating an aerosol by applying heat to the aerosol generating material (see Fig. 2).
This indicates that there is contact between the consumable and heater, implying that said heater is formed on or is a part of the receptacle which contains said consumable (200). Since the receptacle itself has an opening on the top wherein the insertion occurs (see Fig. 2), this further implies that if the heater is disposed in the cavity, said heater will be partially exposed when the consumable (200) is removed/disengaged from the control body (100).
Alternatively, Braunshteyn, directed to a smokeless cigarette system (i.e., aerosol provision system), discloses a control body (Lighter 20) comprising a heating assembly (50) (i.e., aerosol generator heater) which defines a chamber (52) for accommodating a smoking article (i.e., consumable) (see Fig. 3; [0014]; the chamber is considered equivalent to Moloney’s chamber). As shown in Figure 3, the chamber has an opening for the insertion of the article which implies that said chamber (and subsequently the heating assembly) is partially exposed when the smoking article is removed/disengaged.
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 receptacle disclosed by Moloney to comprise the heater/heating assembly as disclosed by Braunshteyn, as both are directed to an aerosol generating delivery system, where this involves applying a known receptacle/chamber and heating element configuration for an aerosol device as disclosed by Braunshteyn, to another similar device disclosed by Moloney to predictably yield a receptacle chamber that is capable of receiving a consumable and heating said consumable.
Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Moloney et al (Publication No. WO2019185746A1, see provided copy) in view of Braunshteyn et al (Publication No. US20070074734A1) as applied to Claim 1 above, and further in view of Batista et al (Publication No. US20190053538A1, cited in IDS dated 05 May 2023).
Regarding Claim 9, Modified Moloney further discloses that the sensor/receiver (130) can be a signal receptor such as an RF receptor, electric receptor and magnetic receptor (Page 6, Lines 19-23).
Modified Moloney does not explicitly disclose the consumable or the control body comprises an RFID tag, the first field or the first signal comprises an electromagnetic signal receivable by the RFID tag, and the second field or the second signal comprises a signal emitted by the RFID tag in response to receiving the first signal.
However, Batista, directed to an aerosol generating device system, discloses a sensor (410) configured to detect when a container containing aerosol generating substrate is inserted into the device (100) to activate said device (i.e., heating) (see Figs. 1, 4-5; Abstract, [0054-0056]). The sensor can comprise an RFID reader (310) that is configured to receive and determine resonance frequencies (i.e., signal) of an RFID tag (157) to activate the device based on detection insertion RFID values (i.e., characteristic) [0054-0056].
Examiner notes that while Batista does not specify the tag receiving an electromagnetic signal, this is already a capability that is possible for Moloney’s receiver (130) which is disclosed to be a receptor for all types of electrical and magnetic signals.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, that Modified Moloney’s sensor and circuitry system can include an RFID tag component as disclosed by Batista, as both are directed to an aerosol-generating device system, where this involves applying a known sensor system such as an RFID sensor/tag setup as disclosed to Batista, to another similar sensor system as disclosed by Modified Moloney to predictably yield a device capable of sensing insertion of a consumable via RFID sensors, and using said sensors to trigger signals that the circuitry can take and utilize to determine insertion to activate said device.
Regarding Claim 20, Moloney does not explicitly disclose the sensor comprises a switch disposed in an electrical path used to supply current from the power supply to the aerosol generator, and wherein the switch only permits current to flow to the aerosol generator if the detection state of the sensor is within the predefined range.
However, these appear to be generic circuit components for a sensor. For example, Batista, directed to an aerosol generating device system, discloses a sensor (410) configured to detect when a container containing aerosol generating substrate is inserted into the device (100) to activate said device (i.e., heating) (see Figs. 1, 4-5; Abstract, [0054-0056]; the various components form a circuit as illustrated in Figure 4). The sensor (410) forms an electrical circuit (see Fig. 4) that comprises a switch (320) which actuates upon insertion of the substrate container to activate said device which has the advantage of saving power by not activating said device before insertion is detected (see Fig. 4; [0035, 0051, 0056]; activating said device implies supplying power; discloses that the switch is activated and sensor must measure a specific value associated with insertion to active the device which is equivalent to a predefined range).
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 sensor and circuitry disclosed by Moloney to include a switch as disclosed by Batista, as both are directed to an aerosol-generating device system, where Batista teaches the advantage of using a circuitry setup with sensors and switches for activating said device based on insertion to conserve power; this also involves applying a known teaching (i.e., circuitry switch sensor control) to a similar device (i.e., aerosol-generating system) to yield predictable results (activating a device based on signals related to article insertion).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lim et al (Publication No. US20200093185A1) – Aerosol generating device comprising a cigarette insertion sensor, wherein the sensor may be at least one of a film sensor, pressure sensor, optical sensor and infrared sensor.
Schmidlin et al (Publication No. US20210251291A1) – Electronic vaporization system comprising a sensor for detecting the presence of a cartridge when assembled to the main body. The sensor can be an optical sensor, capacitive sensor or magnetic/Hall Effect sensor configured to detect the proximity of the cartridge. The sensor can further comprise an electrical circuit that is opened/closed by the assembling of the cartridge.
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).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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