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/Restriction
Applicant's election without traverse of Claims 1-14 in the reply filed on June 22, 2026 is acknowledged.
Claim 15 is withdrawn.
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.
Claims 1-2, 11, and 14 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Dignum (US 2021/0052829 A1).
Regarding Claim 1, Dignum, directed to aerosol generating devices ([0002]), teaches an aerosol-generating device ([0098]-[0101], Fig. 6; Inhalation device 100 (aerosol generating device) comprises a heater 104 configured to aerosolize an aerosolisable composition) comprising:
a heater configured to heat an aerosol-generating material ([0098]-[0101], Fig. 6; Inhalation device 100 (aerosol generating device) comprises a heater 104 configured to aerosolize an aerosolisable composition);
a power supply configured to supply electric power to the heater; and a controller configured to control the electric power to be supplied to the heater ([0098]-[0101], Fig. 6; Inhalation device 100 comprises a power source 112 for providing electrical power to the heater 104. The power source 112 is connected to a controller 114 to control the power delivered to the heater 104),
wherein, in a first section, the controller is configured to control electric power to be supplied to the heater such that the aerosol-generating material is heated to a first temperature during a first time period, wherein, in a second section after the first section, the controller is configured to control electric power to be supplied to the heater such that the aerosol-generating material is heated to a second temperature higher than the first temperature, and wherein, in a third section after the second section, the controller is configured to control electric power to be supplied to the heater such that the aerosol-generating material is maintained at a third temperature lower than the second temperature (Abstract, method comprising: controlling the power delivered to the heater such that the heater is heated from an ambient temperature to a first temperature; delivering a predetermined amount of power to the heater such that the temperature of the heater is increased from the first temperature to a second temperature; and [0090], Fig. 5-6; Controller 114 is configured to control power supplied to heater 104 such that it follows the heating profile shown in Fig. 5; In a first section, the aerosolizable composition is heated from ambient temperature (Tamb) to a first preconditioning temperature (Tpre); then heated in a second section from Tpre to up a second aerosolization temperature (Taero); then cooled in a third section from Taero to Tpre (a third temperature lower than than Taero)).
Regarding Claim 2, Dignum teaches the aerosol-generating device according to claim 1, wherein the first temperature is higher than an ambient temperature and lower than a volatilization temperature of the aerosol-generating material ([0090], Fig. 5-6; Controller 114 is configured to control power supplied to heater 104 such that it follows the heating profile shown in Fig. 5; The aerosolizable composition is heated from ambient temperature (Tamb) to a first preconditioning temperature (Tpre); and [0029], The first temperature can be termed a preconditioning temperature, i.e. an intermediate, sub-aerosolisation temperature to which the heater is heated prior to heating to a temperature at which aerosolisation occurs).
Regarding Claim 11, Dignum teaches the aerosol-generating device according to claim 1, wherein in a fourth section after the third section, the controller is configured to control an amount of electric power supplied to the heater such that the aerosol-generating material is gradually heated to a fourth temperature higher than the third temperature ([0090], Fig. 5-6; Controller 114 is configured to control power supplied to heater 104 such that it follows the heating profile shown in Fig. 5; The aerosolizable composition is heated from ambient temperature (Tamb) to a first preconditioning temperature (Tpre); then heated from Tpre to up a second aerosolization temperature (Taero); then cooled from Taero to Tpre (a third temperature lower than than Taero); then heated from Tpre to up Taero (a fourth temperature higher than than Tpre)).
Regarding Claim 14, Dignum teaches the aerosol-generating device according to claim 1, wherein the controller is configured to determine whether an event related to generation of the aerosol occurs, and perform control for heating the aerosol-generating material to the first temperature during the first time period in the first section in response to determination that the event related to generation of the aerosol occurs ([0102] A switch 116 is arranged on the external surface of the main body part 102 and is connected to the controller 114. The switch 116 constitutes a sensor which can be activated by a user to send a signal to the controller 114 to heat the heater 104 to a first temperature or preconditioning temperature).
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.
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.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Dignum (US 2021/0052829 A1) as applied to Claim 1, in view of Bessant (US 2021/0145068 A1).
Regarding Claims 3-4, Dignum does not teach the aerosol-generating device further comprising: a humidity sensor configured to measure an ambient humidity, wherein the controller is configured to determine the first temperature and the first time period based on the ambient humidity measured by the humidity sensor, wherein based on increase in the ambient humidity, the controller is configured to increase at least one of the first temperature or the first time period.
Bessant, directed to aerosol generating devices ([0001]), teaches an aerosol-generating device ([0142], Fig. 2; Aerosol-generating device 200) comprising:
a heater configured to heat an aerosol-generating material ([0142]-[0143], Fig. 2; Aerosol-generating device 200 comprises heating assembly 206 in the form of a resistive heating blade or pin, extends into the chamber 204 for penetrating into the aerosol-forming substrate of an aerosol-generating article received in the chamber 204);
a power supply configured to supply electric power to the heater; and a controller configured to control the electric power to be supplied to the heater ([0145], Fig. 2; Fig. 2; The controller 210 is connected to the heating assembly 206 and the power supply 208, and the controller 210 is configured to control the supply of power from the power supply 208 to the heating assembly 206),
a humidity sensor configured to measure an ambient humidity ([0148], Fig. 2; An ambient air quality sensor 214 is housed within the housing 202. The ambient air quality sensor 214 comprises a plurality of air quality sensors including: a humidity sensor adapted to sense the relative humidity of the ambient air around the device 200),
wherein the controller is configured to determine the amount of power delivered to the heater based on the ambient humidity measured by the humidity sensor, wherein based on increase in the ambient humidity, the controller is configured to increase the amount of power delivered to the heater ([0063], When the ambient air quality sensor includes a humidity sensor and the ambient air quality readings indicate that the humidity of the ambient air is above a predetermined humidity threshold, the controller may be configured to increase the power supplied to the heating assembly during a preheating time period),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Dignum further comprising: a humidity sensor configured to measure an ambient humidity, wherein the controller is configured to determine the first temperature and the first time period based on the ambient humidity measured by the humidity sensor, wherein based on increase in the ambient humidity, the controller is configured to increase at least one of the first temperature or the first time period similarly taught by Bessant because Bessant demonstrates that increasing the amount of power delivered to a heater upon detection that an ambient humidity has increased vaporizes any additional water content in an aerosol-generating material resulting from the humid environment (Bessant, [0063]), and Bessant demonstrates that variations in the humidity in the ambient environment may affect the properties of the aerosol-forming substrate and may require the temperature of the heating assembly to be adjusted in order to generate a consistent aerosol regardless of the ambient environment in which the aerosol-generating system is used (Bessant, [0006]). As one of ordinary skill in the art would have recognized that additional power can be delivered to a heater during a first time period by increasing the first temperature or extending the time period, it would have been obvious to configure the device wherein based on increase in the ambient humidity, the controller is configured to increase at least one of the first temperature or the first time period.
Regarding Claim 5, Dignum in view of Bessant teaches the aerosol-generating device according to claim 3, but does not teach the device wherein based on the ambient humidity being less than or equal to a preset value, the controller is configured to omit control in the first section and perform control for heating the aerosol-generating material to the second temperature in the second section.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Dignum wherein based on the ambient humidity being less than or equal to a preset value, the controller is configured to omit control in the first section and perform control for heating the aerosol-generating material to the second temperature in the second section because Dignum demonstrates that the first temperature is a preconditioning temperature (Dignum, [0029], The first temperature can be termed a preconditioning temperature), Bessant demonstrates that increasing the amount of power delivered to a heater upon detection that an ambient humidity has increased vaporizes any additional water content in an aerosol-generating material resulting from the humid environment during the preheating time period (Bessant, [0063]). As one of ordinary skill in the art would have recognized that if the ambient humidity being less than or equal to a preset value, preconditioning for the purpose of removing excess moisture from the aerosol generating material would be unnecessary – and the preconditioning step can be omitted. Therefore, it would have been obvious to configure the device wherein based on the ambient humidity being less than or equal to a preset value, the controller is configured to omit control in the first section and perform control for heating the aerosol-generating material to the second temperature in the second section.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Dignum (US 2021/0052829 A1) as applied to Claim 1, in view of Lim (WO 2019/088382 A1, English Translation).
Regarding Claims 6-8, Dignum does not teach the aerosol-generating device further comprising: an identification sensor, wherein the controller is configured to identify an aerosol-generating article containing the aerosol-generating material based on a signal of the identification sensor, wherein the controller is configured to determine the first temperature and the first time period based on a type of the identified aerosol-generating article, wherein the heater comprises at least one of an induction heater or an electro-resistive heater, and wherein the controller is configured to control an amount of electric power supplied to the induction heater or the electro-resistive heater based on a type of the identified aerosol-generating article.
Lim, directed to aerosol generating devices ([0001]), teaches an aerosol-generating device ([0048], Fig. 2; Aerosol-generating device 10) comprising:
a heater configured to heat an aerosol-generating material ([0048], [0056], Fig. 2; Aerosol-generating device 10 is a device comprising a heater 130 that is heated by receiving power from a power source such as a battery 120, and a cigarette that generates an aerosol that can be inhaled by a user by the heated heater);
a power supply configured to supply electric power to the heater; and a controller configured to control the electric power to be supplied to the heater ([0048], Fig. 2; Aerosol-generating device 10 is a device comprising a heater 130 that is heated by receiving power from a power source such as a battery 120; and [0056], Referring to FIG. 2, the aerosol generating device 10 includes a battery 120, a control unit 110, and a heater 130; and [0061], the battery 120 can supply power so that the heater 130 can be heated and can supply power necessary for the control unit 110 to operate),
an identification sensor, wherein the controller is configured to identify an aerosol-generating article containing the aerosol-generating material based on a signal of the identification sensor, wherein the controller is configured to determine the first temperature and the first time period based on a type of the identified aerosol-generating article ([0107], Fig. 7; the control unit (110) of an aerosol generating device according to one embodiment of the present invention may include a profile receiving unit (111), a cigarette detection unit (112), a profile selection unit (113); and [0117]-[0118], the cigarette detection unit (112) can operate as an RFID reader (identification sensor) to recognize an RFID tag attached to the cigarette and detect that the cigarette is coupled to the heater. The profile selection unit (113) identifies the type of cigarette detected by the cigarette detection unit (112) and selects a temperature profile corresponding to the identified type of cigarette from among the temperature profiles; and [0110], The temperature profiles contain a first temperature and a first time period over which the first temperature is applied),
wherein the heater comprises at least one of an induction heater or an electro-resistive heater ([0065]-[0066], The heater 130 may be an electric resistive heater or an induction heater), and
wherein the controller is configured to control an amount of electric power supplied to the induction heater or the electro-resistive heater based on a type of the identified aerosol-generating article ([0061], the battery 120 can supply power so that the heater 130 can be heated and can supply power necessary for the control unit 110 to operate; and [0108], the control unit (110) can control the power supplied to the heater based on the temperature profile for each type of cigarette).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Dignum further comprising: an identification sensor, wherein the controller is configured to identify an aerosol-generating article containing the aerosol-generating material based on a signal of the identification sensor, wherein the controller is configured to determine the first temperature and the first time period based on a type of the identified aerosol-generating article, wherein the heater comprises at least one of an induction heater or an electro-resistive heater, and wherein the controller is configured to control an amount of electric power supplied to the induction heater or the electro-resistive heater based on a type of the identified aerosol-generating article as taught by Lim because Lim and Dignum are directed to aerosol generating devices, Lim demonstrates that providing the aerosol generating device with an identification sensor wherein the controller is configured to identify an aerosol-generating article based on a signal of the identification sensor, wherein the controller is configured to determine the first temperature and the first time period based on a type of the identified aerosol-generating article allows different types of aerosol generating article having different heating requirements to be vaporized using the same device (Lim, [0107]-[0118]), Lim demonstrates that induction heaters and electro-resistive heaters are capable of generating an aerosol from an aerosol generating material (Lim, [0065]-[0066]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Dignum (US 2021/0052829 A1) in view of Lim (WO 2019/088382 A1, English Translation) as applied to Claim 8, and further in view of Courbat (US 2019/0191783 A1) and Malgat (US 2016/0331031 A1).
Regarding Claims 9-10, Dignum but does not teach the aerosol-generating device wherein the controller is configured to determine whether the identified aerosol-generating article comprises a thermally conductive wrapper according to the type of the identified aerosol-generating article, and wherein based on the identified aerosol-generating article being determined to comprise the thermally conductive wrapper, the controller is configured to perform control such that the induction heater is heated, and wherein based on the identified aerosol-generating article being determined not to comprise the thermally conductive wrapper, the controller is configured to perform control such that the electro-resistive heater is heated.
Courbat, directed to aerosol generating devices ([0001]), teaches an aerosol-generating device ([0080], Fig. 3; Aerosol-generating device 330) comprising:
a heater configured to heat an aerosol-generating material ([0080], Fig. 3; Aerosol-generating device 330 comprises an inductive heater comprising an inductive heating element 340 and a susceptor 316 configured to heat an aerosol-generating material);
a power supply configured to supply electric power to the heater; and a controller configured to control the electric power to be supplied to the heater ([0085], Fig. 3; Aerosol-generating device 330 comprises a power supply 336, such as a battery, electric hardware configured as a control circuitry 338, an inductive heating element 340, and a detecting unit 342. The power supply 336 is adapted to provide electric energy to the control circuitry 338 via a power line 337. The control circuitry 338 is adapted to control electrical energy supply to the inductive heating element 340 via line 339 in order to control the heating operation of the inductive heating element 340),
an identification sensor, wherein the controller is configured to identify an aerosol-generating article containing the aerosol-generating material based on a signal of the identification sensor, wherein the controller is configured to determine a heating profile based on a type of the identified aerosol-generating article ([0085], Fig. 3; Aerosol-generating device 330 comprises a detecting unit 342; and [0086], The detecting unit 342 comprises a light source 343 and a light sensor 344. The light source 343 is adapted to illuminate light onto the wrapper 322 and to thereby excite the luminescent material incorporated in the wrapper 322. The light sensor 344 is adapted to detect light emitted by the excited luminescent material incorporated in the wrapper 322; and [0087], The detection result of the light sensor 344 is reported to the control circuitry 338 via a connection line 341; and [0029], The detector of the aerosol-generating device is preferably adapted to identify the aerosol-generating article from a set of aerosol-generating articles usable with the aerosol-generating system based on a detected phosphorescence characteristic of the luminescent material; and [0058], the electrical hardware is arranged to establish a heating protocol for the at least one heating element based on the particular article identified by the detector),
wherein the controller is configured to determine whether the identified aerosol-generating article comprises a wrapper according to the type of the identified aerosol-generating article ([0082], Fig. 3; The aerosol-generating article 310 comprises an aerosol-forming substrate 314 (e.g. tobacco), mouthpiece 320, and an outer wrapper 322. The outer wrapper 322 comprises a luminescent material (represented by the dots) which emits light after excitation; and [0029], The detector of the aerosol-generating device is preferably adapted to identify the aerosol-generating article from a set of aerosol-generating articles usable with the aerosol-generating system based on a detected phosphorescence characteristic of the luminescent material).
Malgat, directed to aerosol generating devices ([0001]), teaches an aerosol generating article ([0075], Fig. 2; Aerosol-generating article 1000) comprising:
a thermally conductive wrapper ([0075]-[0077], Fig. 2; Aerosol-generating article 1000 comprises aerosol-forming substrate 1020 comprising a rod formed from a crimped and gathered sheet of homogenised tobacco wrapped in aluminium foil 1222 to form a plug; and [0014], The wrapper may be the sheet of thermally-conductive material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Dignum in view of Lim wherein the controller is configured to determine whether the identified aerosol-generating article comprises a wrapper according to the type of the identified aerosol-generating article using the luminescent material light detector disclosed by Courbat because Dignum, Lim, and Courbat are directed to aerosol generating devices, Courbat demonstrates that the material of a wrapper can be used to identify a type of aerosol generating article and a heating profile for the article (Courbat, [0029], [0058], [0085]-[0087]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the article having a thermally conductive wrapper because Dignum, Lim, and Malgat are directed to aerosol generating devices, and Malgat demonstrates that the thermally-conductive material provides some mitigation against ignition of the aerosol-forming substrate using an external ignition source such as a flame (Malgat, [0016]).
Further, it would have been obvious to one of ordinary skill in the art to provide the luminescent material on the thermally conductive wrapper such that based on the identified aerosol-generating article being determined to comprise the thermally conductive wrapper, the controller is configured to perform control such that the induction heater is heated because Lim states that the heater can be an inductive or resistive heater (Lim, [0065]-[0066]), Courbat states that detection of the wrapper can cause the heater to perform a set heating protocol (Courbat, [0029], [0058]), and this would merely involve combining the embodiments of Courbat and Malgat for the reasons set above.
Further, it would have been obvious to one of ordinary skill in the art to configure the device wherein based on the identified aerosol-generating article being determined not to comprise the thermally conductive wrapper, the controller is configured to perform control such that the electro-resistive heater is heated because Lim states that the heater can be an inductive or resistive heater (Lim, [0065]-[0066]), Courbat states that detection of the wrapper can cause the heater to perform a set heating protocol (Courbat, [0029], [0058]), and one of ordinary skill in the art would be aware that the luminescent material can be provided on a paper wrapper as shown in Courbat (Courbat, [0075]). The limitation of Claim 10 can be yielded by the selection of whether: the heater is resistive or inductive and the paper is thermally conductive or not. One of ordinary skill in the art would have had a reasonable expectation of success by selecting from this finite list of options, and thus it would have been obvious to try configuring the device wherein based on the identified aerosol-generating article being determined not to comprise the thermally conductive wrapper, the controller is configured to perform control such that the electro-resistive heater is heated, as claimed, because there are a finite number of identified, predictable solutions.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Dignum (US 2021/0052829 A1) as applied to Claim 1, in view of Hawes (US 2016/0309788 A1).
Regarding Claim 12, Dignum does not teach the aerosol-generating device further comprising: a flow sensor or a pressure sensor, wherein the controller is configured to sense a number of user puffs via the flow sensor or the pressure sensor, and wherein based on the number of user puffs being greater than or equal to a predetermined number of times, the controller is configured to stop supply of electric power to the heater to stop heating the aerosol-generating material.
Hawes, directed to aerosol generating devices ([0005]), teaches an aerosol-generating device ([0048], Figs. 1-2; Electronic vaping (e-vaping) article 60) comprising:
a heater configured to heat an aerosol-generating material ([0048], Figs. 1-2; Electronic vaping (e-vaping) article 60 comprises a replaceable cartridge (or first section) 70 and a reusable fixture (or second section) 72; and [0056], First section 70 comprises a heater element 14 that heats the pre-vapor formulation in the wick to form a vapor in a central air channel 20 (aerosol-generating material));
a power supply configured to supply electric power to the heater; and a controller configured to control the electric power to be supplied to the heater ([0048], Figs. 1-2; The second section 72 may include a puff sensor 16, a power supply 1, and a controller 18 configured to control integrally the puff sensor 16; and [0064], The power supply 1 in the second section 72 may be operably connected to the heater 14 (as described below) to apply voltage across the heater 14; and [0138], A control circuit is integrated with the puff sensor 16 and supplies power to the heater 14 responsive to the puff sensor 16),
a flow sensor or a pressure sensor, wherein the controller is configured to sense a number of user puffs via the flow sensor or the pressure sensor, and wherein based on the number of user puffs being greater than or equal to a predetermined number of times, the controller is configured to stop supply of electric power to the heater to stop heating the aerosol-generating material ([0048], Figs. 1-2; The second section 72 may include a puff sensor 16 responsive to air drawn into the second section 72, and a controller 18 configured to control integrally the puff sensor 16; and [0175], Fig. 8 shows an alternate embodiment wherein the controller 855 may disable the power supply 860 if the puff count with respect to the cartridge exceeds a threshold number).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Dignum further comprising: a flow sensor or a pressure sensor, wherein the controller is configured to sense a number of user puffs via the flow sensor or the pressure sensor, and wherein based on the number of user puffs being greater than or equal to a predetermined number of times, the controller is configured to stop supply of electric power to the heater to stop heating the aerosol-generating material as taught by Hawes because Dignum and Hawes are directed to aerosol generating devices, Hawes demonstrates that stopping supply of power to a heater upon detection of threshold number of user puffs allows the device to automatically restrict its use according to user needs (Hawes, [0175]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Dignum (US 2021/0052829 A1) as applied to Claim 1, in view of Han (WO 2018/135887 A1, English Translation).
Regarding Claim 13, Dignum teaches the device wherein the first section comprises a heating section, wherein in the heating section, the controller is configured to perform control such that a first magnitude of electric power is supplied to the heater to heat the aerosol-generating material to the first temperature ((Abstract, method comprising: controlling the power delivered to the heater such that the heater is heated from an ambient temperature to a first temperature; delivering a predetermined amount of power to the heater such that the temperature of the heater is increased from the first temperature to a second temperature; and [0090], Fig. 5-6; Controller 114 is configured to control power supplied to heater 104 such that it follows the heating profile shown in Fig. 5; In a first section, the aerosolizable composition is heated from ambient temperature (Tamb) to a first preconditioning temperature (Tpre)),
but does not teach the aerosol-generating device wherein the first section comprises a maintenance section following the heating section, wherein the maintenance section comprises a first maintenance section and a second maintenance section following the first maintenance section, wherein in the first maintenance section, the controller is configured to perform control such that electric power is not supplied to the heater, wherein in the second maintenance section, the controller is configured to perform control such that a second magnitude of electric power is supplied to the heater, and wherein the second magnitude of electric power is smaller than the first magnitude of electric power.
Han, directed to aerosol generating devices ([0001]), teaches an aerosol-generating device ([0187], Fig. 3; Microparticle generating device 100) comprising:
a heater configured to heat an aerosol-generating material ([0187], Fig. 3; Microparticle generating device 100 comprises heater 20 configured to generate fine particles by heating a vaporizing material containing a substance (vaporizing material) that vaporizes when heated above a certain temperature);
a power supply configured to supply electric power to the heater; and a controller configured to control the electric power to be supplied to the heater ([0187], Fig. 3; Microparticle generating device 100 comprises battery storage device 70 that can instantaneously supply high power to the heater 20, and a control device 50 for controlling the heater 20; and [0203], the control device 50 can control the power supply to the heater so that the heater 20 maintains the temperature within a preset range),
wherein the first section comprises a heating section and a maintenance section following the heating section, wherein the maintenance section comprises a first maintenance section and a second maintenance section following the first maintenance section, wherein in the heating section, the controller is configured to perform control such that a first magnitude of electric power is supplied to the heater to heat the aerosol-generating material to the first temperature, wherein in the first maintenance section, the controller is configured to perform control such that electric power is not supplied to the heater, wherein in the second maintenance section, the controller is configured to perform control such that a second magnitude of electric power is supplied to the heater ([0214], the heater (20) is controlled in a preheating stage, a vaporization temperature reaching stage, and a vaporization temperature maintaining stage. The control device (50) heats the heater (20) to a temperature that is below but close to the combustion temperature of the vaporizing agent during the preheating stage [heating section, first magnitude of power delivered], stops supplying power to the heater (20) so that the temperature of the heater (20) drops to the minimum vaporization temperature of the vaporizing agent during the vaporization temperature reaching stage [first maintenance section], and during the vaporization temperature maintenance stage, the control device (50) controls the temperature of the heater (20) so that it is maintained between the maximum vaporization temperature and the minimum vaporization temperature [second maintenance section, second magnitude of power delivered]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Dignum wherein the first section comprises a heating section and a maintenance section following the heating section, wherein the maintenance section comprises a first maintenance section and a second maintenance section following the first maintenance section, wherein in the heating section, the controller is configured to perform control such that a first magnitude of electric power is supplied to the heater to heat the aerosol-generating material to the first temperature, wherein in the first maintenance section, the controller is configured to perform control such that electric power is not supplied to the heater, wherein in the second maintenance section, the controller is configured to perform control such that a second magnitude of electric power is supplied to the heater as taught by Han because this temperature maintenance configuration allows the device to maintain the temperature of the heater between the maximum vaporization temperature, which is the temperature at which the amount of vaporization of the vaporized substance is maximized, and the minimum vaporization temperature (Han, [0115]), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Dignum in view of Han wherein the second magnitude of electric power is smaller than the first magnitude of electric power because one of ordinary skill would have understood that more power is required to heat a heater from ambient temperature to a vaporization temperature in a first heating section than to maintain a vaporization temperature range in a second maintenance section (Han, [0214], [0251], Fig. 13).
Conclusion
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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