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 .
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(s) 11-13, 16, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TALON (US 2019/0059448).
Talon teaches a tobacco heating apparatus comprising a smoking set (10) and a tobacco product (2), characterized in that, the tobacco product (2) can be arranged in the smoking set (10), and the smoking set heats the tobacco product by controlling the smoking set on the basis of a target temperature to reduce the likelihood of combustion (para. 0015) which reads on an ignition point parameter of the tobacco material.
Regarding claim 12, Talon teaches the smoking set (10) comprises a power module (40), a control module (30), and a cigarette accommodating cavity (see figure 1), wherein the power module is communicated with the control module (para. 0015), and the control module is communicated with the heating element (20, para. 0006) coaxially arranged in the cigarette accommodating cavity (see figure 1, para. 0027).
Regarding claim 13, Talon teaches the tobacco product (2) comprises a tobacco section (para. 0009, 0035) and a functional mouthpiece section (para. 0031), wherein a smoke extraction section is also arranged between the tobacco section and the functional mouthpiece section (para. 0033), and the tobacco section, the functional mouthpiece section and the smoke extraction section are wrapped and connected together by an external wrapping material (para. 0034).
Regarding claim 16, Talon teaches the heating element is one or more of cup-shaped, sheet-shaped or needle-shaped, and the cup-shaped heating element is arranged on an inner wall of the cigarette accommodating cavity, and sheet-shaped or needle- shaped heating elements is arranged on the central axis of the cigarette accommodating cavity (para. 0024-0029).
Regarding claim 18, Talon teaches the heating element is a circumferential heating cup, a central heating sheet, a central heating needle, and the like (para. 0024-0029).
Claim(s) 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by OGLESBY et al. (US 2008/0149118).
Oglesby teaches a tobacco heating apparatus comprising a smoking set (1) and a tobacco product (para. 0040), characterized in that, the tobacco product can be arranged in the smoking set (para. 0040), and the smoking set heats the tobacco product by controlling the smoking set on the basis of an ignition point parameter of the tobacco material (abstract).
Claim(s) 11, 12, 16, 17, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BING et al. (CN 109007976).
Bing teaches a tobacco heating apparatus comprising a smoking set (1) and a tobacco product (6) characterized in that, the tobacco product (6) can be arranged in the smoking set (see figure 1), and the smoking set heats the tobacco product by controlling the smoking set on the basis of a target temperature sufficient for atomization (translation page 4 “Embodiment A”) which reads on an ignition point parameter of the tobacco material.
Regarding claim 12, Bing teaches the smoking set (1) comprises a power module (3), a control module (4), and a cigarette accommodating cavity (see figure 1), wherein the power module is communicated with the control module (abstract), and the control module is communicated with the heating element (abstract) coaxially arranged in the cigarette accommodating cavity (see figure 1).
Regarding claim 16, Bing teaches the heating element is needle-shaped (5), and the needle- shaped heating element is arranged on the central axis of the cigarette accommodating cavity (see figure 1).
Regarding claim 17, Bing teaches the smoking set (1) further comprises an oxygen content detection sensor (8), the control module (4) is communicated with the oxygen content detection sensor (see figure 5), and the oxygen content detection sensor (8) is communicated with the cigarette accommodating cavity through a micro air passage (see figures 4 and 5).
Regarding claim 18, Bing teaches the heating element is a central heating needle (5).
Claim(s) 11-14, 16, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ISHIKAWA et al. (WO 2020/202254).
Ishikawa teaches a tobacco heating apparatus comprising a smoking set (302) and a tobacco product (300) characterized in that, the tobacco product (300) can be arranged in the smoking set (see figure 3), and the smoking set heats the tobacco product by controlling the smoking set on the basis of a target temperature that avoids producing thermal decomposition products (translation) which reads on an ignition point parameter of the tobacco material.
Regarding claim 12, Ishikawa teaches the smoking set (302) comprises a power module (305), a control module (306), and a cigarette accommodating cavity (see figure 3), wherein the power module is communicated with the control module (trans. page 9 “Non-combustion type heating smoking system”), and the control module is communicated with the heating element coaxially arranged in the cigarette accommodating cavity (see figure 3).
Regarding claim 13, Ishikawa teaches the tobacco product comprises a tobacco section (201) and a functional mouthpiece section (202), wherein a smoke extraction section is also arranged between the tobacco section and the functional mouthpiece section (see figure 2), and the tobacco section, the functional mouthpiece section and the smoke extraction section are wrapped and connected together by an external wrapping material (215).
Regarding claim 14, Ishikawa teaches the smoke extraction section is a column containing a cavity structure, and at least one sidewall through-hole (209) communicated with the cavity structure is opened on a side wall of the column, a coaxial through-hole is formed on the external wrapping material in a position corresponding to the sidewall through-hole (see figure 2).
Regarding claim 16, Ishikawa teaches the heating element is cup-shaped (303), the cup-shaped heating element is arranged on an inner wall of the cigarette accommodating cavity (see figure 3).
Regarding claim 18, Ishikawa teaches the heating element is a circumferential heating cup (see figure 3).
Claim Rejections - 35 USC § 103
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(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over TALON (US 2019/0059448) in view of OGLESBY et al. (US 2008/0149118).
Talon teaches a tobacco heating apparatus comprising a smoking set (10) and a tobacco product (2), characterized in that, the tobacco product (2) can be arranged in the smoking set (10), and the smoking set heats the tobacco product by controlling the smoking set on the basis of a target temperature to reduce the likelihood of combustion (para. 0015) which reads on an ignition point parameter of the tobacco material. Figure 1 shows the heating element is close to the tobacco section of the tobacco product.
Oglesby teaches a tobacco heating apparatus comprising a smoking set (1) and a tobacco product (para. 0040), characterized in that, the tobacco product can be arranged in the smoking set (para. 0040), and the smoking set heats the tobacco product by controlling the smoking set on the basis of an ignition point parameter of the tobacco material (abstract).
Oglesby teaches a sealing member (para. 0079) is provided in said tobacco product accommodating cavity, when the tobacco product is inserted into the accommodating cavity, said sealing member seals the tobacco section of the tobacco product, so as to ensure that the external airflow cannot flow through the tobacco section (para. 0079). It would have been obvious to one of ordinary skill in the art to modify the tobacco heating apparatus of Talon to include a sealing member to better control the airflow through the tobacco heating apparatus.
Allowable Subject Matter
Claims 19 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art documents do not teach or suggest obtaining a variation curve, a corresponding relationship, and a function with an oxygen concentration of the ignition point of the tobacco material of the tobacco section by a thermogravimetry method or a hot stage method, and storing them in a control circuit; obtaining a variation curve of the oxygen concentration over time (or with the times of suction) of the tobacco section through an off-line pre-set detection method, and storing it in the control circuit; calling an oxygen concentration variation data by the control circuit, and adjusting the power output to the heating element in real time according to the variation curve.
Response to Arguments
Applicant's arguments filed November 26, 2025 have been fully considered but they are not persuasive.
Applicant argues on pages 5-6 that Talon does not teach the smoking set heats the tobacco product by controlling the smoking set on the basis of an ignition point parameter of a tobacco material of the tobacco product; however, in paragraph 0015, Talon teaches the smoking set heats the tobacco product by controlling the smoking set on the basis of a target temperature to reduce the likelihood of combustion (para. 0015) which reads on an ignition point parameter of the tobacco material.
Applicant argues on page 6 that the core logic of claim 11 is oxygen concentration change --ignition point change --real-time adjustment of heating temperature to slightly below the ignition point; however, these limitations are not found in claim 11.
Applicant argues on pages 6-7 that Oglesby teaches a fixed temperature range rather than a dynamic ignition point curve that varies with oxygen concentration; however, this limitation is not found in claim 11.
Applicant argues on page 7 that Bing does not teach the smoking set heats the tobacco product by controlling the smoking set on the basis of an ignition point parameter of a tobacco material of the tobacco product; however, in page 4 of the translation provided in the office action mailed August 27, 2025, Bing teaches that the control is operated based on generating sufficient temperature for atomization of the product, which reads on an ignition point parameter of the tobacco material.
Applicant argues on pages 7-8 that Ishikawa does not teach the smoking set heats the tobacco product by controlling the smoking set on the basis of an ignition point parameter of a tobacco material of the tobacco product; however, in page 9 of the translation provided in the office action mailed August 27, 2025, Ishikawa teaches the smoking set heats the tobacco product by controlling the smoking set on the basis of a target temperature that avoids producing thermal decomposition products (“Non-combustion type heating smoking system”) which reads on an ignition point parameter of the tobacco material.
It is noted that Science Direct defines “Ignition Point” as the lowest temperature at which rapid combustion of a fuel will take place in air. It is the temperature at which all the fuel has been sufficiently heated and vaporized to continue to burn for at least 5 s. Therefore, Talon’s teaching of a target temperature for minimizing combustion, Bing’s teaching of sufficient temperature for atomization of the product and Ishikawa’s teaching a target temperature that avoids producing thermal decomposition products all read on “ignition point”.
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 CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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, Alison Hindenlang can be reached at 571-270-7001. 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.
/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741