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 1-15 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 without traverse of Group I, claims 1-9, in the reply filed on 3/02/2026 is acknowledged.
Claims 10-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/02/2026.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5, and 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kato (WO2023/079759, citations will refer to the English version US2024/0284987).
Regarding claim 1, Kato discloses:
A method of generating an aerosol, performed by an electronic device (heating profile of an aerosol generating apparatus, [0009]), the method comprising:
receiving biometric information of a user of the electronic device ([0135]: the electronic device 20 may be configured to acquire biological information of the user);
determining a current state of the user based on the biometric information ([0135]: the heart rate of the like related to the mental state of the user);
when the current state corresponds to a preset target state, generating a target temperature profile by adjusting a default temperature profile based on the current state ([0135]: may change the heating profiled based on the acquired biological information…in response to the fact that the heart rate is equal to or greater than a threshold value);
and generating an aerosol by heating an aerosol generating substrate in the electronic device based on the target temperature profile (as the heating profile includes a heating portion heating an aerosol source, [0014]).
Regarding claim 5, Kato discloses wherein the biometric information comprises at least one of a heart rate, a skin temperature, a skin dryness level, and a perspiration level of the user (heart rate, [0135]).
Regarding claim 9, Kato further teaches wherein the electronic device is an electronic cigarette device (aerosol generating apparatus 10 that generates an aerosol having a smoking taste, [0037]).
Claim(s) 1, 3, 5, and 9 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Qiu (US2019/0357598).
Regarding claim 1, Qiu discloses:
A method of generating an aerosol, performed by an electronic device (electronic cigarette 2, [0024], figure 1) the method comprising:
receiving biometric information of a user of the electronic device ([0026]-[0028]: sensing a body state of the user to obtain data….the sensed body state data includes a heart rate, a perspiration rate, and a pulse of the user);
determining a current state of the user based on the biometric information ([0037]: determines a health level of the user according to the sense body state data);
when the current state corresponds to a preset target state, generating a target temperature profile by adjusting a default temperature profile based on the current state ([0037]: determines a first smoking parameter according to the determined health level of the user…and controls the electric power supplied to the heat generator according to the determined first smoking parameter);
and generating an aerosol by heating an aerosol generating substrate in the electronic device based on the target temperature profile ([0036]: the heat generator 209 heats the aerosol-forming material to generate smoke that the user can inhale).
Regarding claim 3, Qiu discloses wherein the receiving of the biometric information of the user comprises receiving, from an additional device (wearable electronic device 1) connected to the electronic device (wearable device 1 includes a device body 10 which includes first communication interface 106 that communicates with second communication interface 203 of the electronic cigarette 2, [0024]-[0025]), the biometric information generated based on one or more sensors in the additional device (first sensor 101, [0028]).
Regarding claim 5, Qiu discloses wherein the biometric information comprises at least one of a heart rate, a skin temperature, a skin dryness level, and a perspiration level of the user (heart rate and perspiration rate, [0028]).
Regarding claim 9, Qiu discloses wherein the electronic device is an electronic cigarette device (electronic cigarette 2, [0024]).
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.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (WO2023/079759, citations will refer to the English version US2024/0284987) as applied to claim 1 above, and further in view of Qiu (US2019/0357598).
Regarding claim 2, Kato does not appear to explicitly disclose wherein the receiving of the biometric information of the user comprises generating the biometric information using at least one sensor of the electronic device.
However Qiu, directed to an electronic cigarette, teaches:
A first sensor 101 can include at least one of an accelerometer, an optical heart rate monitor, a skin electric reaction sensor, a bioelectrical impedance sensor, and a pulse wave sensor. The sensed body state data D.sub.0 includes at least one of a number of steps taken by the user, a heart rate, a perspiration rate, and a pulse of the user ([0028]).
As such, Qiu teaches a sensor (first sensor 101) to generate biometric information (heat rate, perspiration rate, and a pulse) of the user.
Therefore, before the effective filing date of the claimed invention, it would be obvious to one having ordinary skill in the art to modify the receiving of biometric information of the user with the electronic device of Kato to incorporate a sensor to generate biometric information of the user as taught by Qiu, because both Kato and Qiu are directed to electronic cigarette devices that receive biometric information of the user, and this merely involves incorporating a known way to generate biometric information (i.e. sensor) to a similar vaporization device to yield predictable results.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US2019/0357598) as applied to claim 1 above, and further in view of Hashimoto (US2021/0378315)
Regarding claim 4, Qiu further teaches the first communication interface 106 and the second communication interface 203 can also establish wireless connection, such as connection by at least one of cellular network, WI-FI, infrared, BLUETOOTH, ZIGBEE, and NFC ([0025]).
Qiu does not appear to disclose propagating a beacon to the additional device using short-range wireless communication; and connecting to the additional device based on the beacon.
However Hashimoto, directed to an aerosol generation device, teaches:
A beacon signal transmitted from an aerosol generation device is received by a user terminal 50 ([0228]), which defines propagating a beacon to an additional device using short-range wireless communication.
With this arrangement, information can be provided to the user terminal held the by the user of the aerosol generation device 70 ([0229]), which defines connecting to an additional device based on the beacon.
The user terminal 50 is implemented by a smartphone, a portable terminal, a personal computer, a tablet terminal device, a wristwatch-type terminal device, a glasses-type terminal device, or other types of information processing equipment ([0103]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the electronic device of Qiu to propagate a beacon to the addition device using short-range wireless communication and connect to the additional device based on the beacon as taught by Hashimoto, because both Qiu and Hashimoto are directed to aerosol-generation devices that connect to an additional device, Hashimoto teaches this allows information to be provided to the additional device by the electronic device, and this merely involves incorporating a known way for an aerosol generating device and an additional device to connect (i.e. through a beacon) to a similar aerosol generation device to yield predictable results.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US2019/0357598) as applied to claim 1 above, and further in view of Moloney (US2023/0371610).
Regarding claim 6, Qiu further teaches wherein the biometric information comprises a perspiration level of the user (perspiration rate, [0028]).
Qiu does not appear to explicitly disclose wherein the perspiration level indicates a degree of sweat generated from a fingertip of the user.
However, Moloney, directed to a user feedback system and method, teaches:
Measuring sweat to correlate to cortisol through a sensor incorporated into the body of the delivery device where it is held by the user ([0158]).
As a user holds a delivery device in their hands (i.e. handheld device, [0157]), it would be obvious to one of ordinary skill in the art that the sweat sensor in the body of the device where it is held by the user may sense sweat generated from a fingertip of the user.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art, to modify the perspiration rate sensor of Qiu to be incorporated into the body of the device where it is held by the user as taught by Moloney, as both Qiu and Moloney are directed to aerosol generation devices with perspiration rate sensors, and this merely involves incorporating a known way to sense a perspiration rate of a user (i.e. in the body of the device where it is held by the user) to a similar aerosol generation device to yield predictable results.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato (WO2023/079759, citations will refer to the English version US2024/0284987).
Regarding claim 7, Kato discloses wherein the generating of the target temperature profile by adjusting the default temperature profile based on the current state comprises generating the target temperature profile such that a second amount of aerosol generated by the target temperature profile is different compared to a first amount of aerosol generated by the default temperature profile (as the heating profile can change the amount of vapor ([0122])).
Kato does not appear to explicitly disclose wherein the second amount of aerosol generated is reduced compared to a first amount of aerosol generated by the default temperature profile. However, it would be obvious to one of ordinary skill in the art that the second amount of aerosol generated is either reduced or increased, and to try making the second amount of aerosol generated reduced compared to a first amount of aerosol generated by the default temperature profile as it is selecting from a finite number of options of a change in aerosol generated.
Regarding claim 8, Kato does not appear to explicitly disclose receiving second biometric information of the user and determining a second current state of the user based on the second biometric information.
However, Kato further teaches changing the heating profile in accordance with the heart rate or the like related to the mental state of the user ([0135]) and multiple heating profiles (P1-P4, fig. 4) based on multiple mental states of the user (concentration, clear mind, taking short breath, cool down, fig. 4, [0078]). Another mental state of the user defining a second current state and the corresponding heating profile of the second current state defining a second target temperature profile.
One of ordinary skill in the art would understand and find it obvious that the mental state of the user may change. Therefore, before the effective filing date of the claimed invention, it would be obvious to one having ordinary skill in the art to determine the mental state of the user a second time to apply a heating profile that aligns with the most current mental state of the user.
Determining the mental state of the user a second time would include determining the heart rate or the like ([0135]) a second time and thus, receiving second biometric information of the user, and determining the heating profile based on the mental state of the user, and thus determining a second current state of the user based on the second biometric information; when the second current state corresponds to the target state (i.e. mental state of the user), generating a second target temperature profile by adjusting the target temperature profile based on the second current state (i.e. corresponding heating profile, figure 4); and generating an aerosol by heating an aerosol generating substrate in the electronic device based on the second target temperature profile (as the heating profile includes a heating portion heating an aerosol source, [0014]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicole A Szumigalski whose telephone number is (703)756-1212. The examiner can normally be reached Monday - Friday: 8:00 - 4:30 EST.
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/N.A.S./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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