DETAILED ACTION
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
Applicant argues “While Akai discloses a notifying unit 108 that is configured to "perform some notification to the user", there is no disclosure-explicit or implicit-that this unit generates a signal specifically when the temperature parameter decreases by a predetermined amount in a predetermined time interval after the vaporizer has been heated. The Office's characterization of this feature as "implicit" lacks support in Akai's disclosure.” The Examiner disagrees. The notifying unit of Akai performs notifications to the user [0117]. To notify is, by definition, “to give notice of or report the occurrence of” (https://www.merriam-webster.com/dictionary/notifying). The exhaustion of the aerosol source in the reservoir (which occurs when the temperature parameter decreases by a predetermined amount in a predetermined time interval after the vaporizer has been heated) is an occurrence in the device of Akai [abstract]. The Examiner maintains that this feature is implicit in Akai.
Applicant argues “Since Akai is directed to detecting complete depletion of the aerosol source, it neither discloses nor suggests monitoring for transport element failure states that may occur before the reservoir is exhausted.” The Examiner disagrees. This distinction noted by Applicant is not reflected in the claim language. The depletion of the aerosol source also indicates a depletion and failure state of the transport element. Akai thus reads on the broadest reasonable interpretation of the claims.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-3, 6-17, and 20-23 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Akai (WO 2019/244323; Equivalent US 2021/0106064 used for citation).
Regarding claims 1-2 and 23, Akai teaches an aerosol provision system comprising: a retention unit or wick (aerosolizable material transport element) [0111, 0203]; a storage unit (reservoir) for aerosolizable material [0112], wherein the aerosolizable material transport element comprises a load or heater (vaporizer) for vaporizing the aerosolizable material in the aerosolizable material transport element [0115]; and control circuitry which is configured to monitor at least one temperature parameter relating to a temperature of the aerosolizable material transport element over a predetermined period of time after the vaporizer has been heated as part of a first heating operation [0203-0205; 0245-0252], and determine if the temperature parameter decreases by a predetermined amount in a predetermined time interval after the vaporizer has been heated, wherein which is indicative of depletion of the aerosol source [0253-0255], i.e. failure state of the aerosolizable material transport element comprises at least one of the aerosolizable material transport element or the vaporizer experiencing a dry-out state.
Akai teaches notifying unit for performing a notification to the user according to necessity [0115]. The control circuit being configured to generate a notification (signal) is considered implicit in Akai upon determination of the failure state. In the alternative, it would have been obvious to one of ordinary skill in the art to configure the control circuitry to configure the control circuitry of Akai to generate a signal upon determination of the failure state for in order to notify the user of the issue. The method of operating the device thereby reads on the claimed method.
Regarding claim 3, Akai teaches the predetermined period of time ends before a start of a second heating operation of the vaporizer occurring after the first heating operation of the vaporizer [Fig. 26].
Regarding claim 6-7, Akai teaches a time-series change embodiment for determining the cooling rate [0045], i.e. predetermined time interval is within, and less than, the predetermined period of time. In other embodiments without the time-series change as described, the predetermined period of time would be the same as the predetermined time interval.
Regarding claims 8-11, Akai teaches a waiting time period after an end of the first heating operation of the vaporizer before the predetermined time interval commences to prevent the cooling process from being observed in a state in which the residual current and the surge current are superimposed on the output value of the sensor, whereby the observation accuracy is improved [0158-0159]. One of ordinary skill in the art would have found it obvious to optimize the duration of this time period through routine experimentation to achieve the desired effects.
Regarding claims 12-14 and 22, Akai teaches a first temperature sensor comprising a resistor, wherein the resistor is configured to output an electrical resistance value related to the temperature of the aerosolizable material transport element; and wherein the control circuitry is further configured to measure the electrical resistance value of the resistor, and process the electrical resistance value to determine the at least one temperature parameter, wherein the first temperature sensor is located in an electrical series circuit with the vaporizer [0128-0133; 0147]. The sensor is located in the cartridge 104A, and is configured to be powered by the power supply 110 from the control unit 102 [Fig. 1A].
Regarding claim 15, the resistor load 132 of Akai [0128] is located on a surface of the aerosolizable material transport element 130 [Fig. 1A].
Regarding claims 16-17, Akai teaches the at least one temperature parameter is related to a temperature of the vaporizer and the control circuitry is further configured to monitor an electrical resistance of the vaporizer to determine an electrical resistance value of the vaporizer, and process the electrical resistance value to determine the at least one temperature parameter [0256].
Regarding claim 20, Akai teaches the signal comprises light emission (optical signal), sound production (acoustic signal), or vibration (haptic signal) [0117].
Regarding claim 21, Akai teaches a cartridge 104A and a main body 102 (control unit), wherein the reservoir 116A, the aerosolizable material transport element 130, and the vaporizer 132 are located in the cartridge, wherein the control unit further comprises a power supply 110 and the control circuitry [Fig. 1A; 0111]. Akai teaches the cartridge configured to be detachably attached to the control unit [0111], i.e. the control unit comprises a cartridge receiving section that includes an interface arranged to cooperatively engage with the cartridge so as to releasably couple the cartridge to the control unit.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Akai as applied to claim 1 above, and further in view of Luo (WO 2019/192226).
Akai does not teach the at least one of the predetermined period of time or the predetermined time interval is no more than a second. Luo teaches an aerosol generating device wherein a preferred period of time for temperature detection is 80 ms (0.08 seconds) [bottom of page 2 to top of page 3]. As this is a preferred period of time for temperature monitoring known in the art, it would have been obvious to one of ordinary skill in the art to apply to the predetermined period of time or the predetermined time interval of Luo to achieve predictable results.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Akai as applied to claim 1 above, and further in view of Popplewell (US 2019/0272359).
Akai does not teach the signal comprises a command to disable operation of the aerosol provision system or the vaporizer. Popplewell teaches a vaporization device wherein operation of the vape device is prevented upon determination that the reservoir is depleted [0130], i.e. there is a command to disable operation of the device and the vaporizer. It would have been obvious to one of ordinary skill in the art to apply this configuration to the system of Akai such that the signal comprises a command to disable operation of the aerosol provision system and the vaporizer to prevent continued use of the device during a failure state.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC YAARY whose telephone number is (571)272-3273. The examiner can normally be reached M-F 9-5.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC YAARY/Examiner, Art Unit 1755