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 .
Election/Restrictions
Claims 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/24/2026.
Applicant’s election without traverse of Group I in the reply filed on 02/24/2026 is acknowledged.
Status of the Claims
Claims 1-15 are pending. Claims 13-15 are withdrawn.
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.
Claim 12 is 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.
Regarding claim 12, the processor is further configured to output an additional notification indicating that a number of times of times of remaining puffs of the inserted aerosol generating article based on a number of times of an occurrence of the user’s puff operation is unclear and renders the claim indefinite. Examiner is interpreting the claim to further require the processor to cause an additional notification indicating the remaining puffs available from the inserted aerosol generating article, where the remaining puffs available are estimated based on a cumulative number of user puff operations occurring while the aerosol generating article is inserted into the housing.
Claim Rejections - 35 USC § 102/103
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 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.
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.
Claim(s) 1-2, 6-7, and 9-12 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Han et al. (US 2020/0229501 A1) cited on Applicant IDS of 01/02/2025.
Regarding claim 1 and 9, Han discloses:
An aerosol generating apparatus, (0008]), comprising:
a housing comprising a first chamber into which an aerosol generating article is inserted, ([0008] a case into which a cigarette is inserted),
a second chamber spaced apart from the first chamber, and an air path provided between the first chamber and the second chamber; a pressure sensor configured to detect a pressure in the second chamber, ([0009] Figs 4A-B, 7A-B, 8A-B, 9A-B, 10, 14, and 15 all depicting ref 60 a pressure sensor in a second chamber (the space where the pressure sensor is located) spaced apart from the first chamber with an air path (as depicted) provided between the first chamber and second chamber); and
a processor, ([0047] controller, [0054] the controller comprises at least processor), configured to obtain pressure sensing data from the pressure sensor, ([0053] the controller controls operations of the elements in the device, [0067] including a display for output of visual information and/or a motor for output of haptic information, and various sensors including a puff detection sensor (reasonably considered to be a pressure sensor, [0087] where the detection signal of the pressure detection sensor is transmitted to the controller),
detect a pressure change inside the second chamber based on the pressure sensing data, ([0087]), and output a notification indicating that a user's puff operation has occurred when the pressure change inside the second chamber is greater than or equal to a designated value, ([0087] the controller tracks the user puff count to terminate the operation of the device, the termination of the device operation can be reasonably considered to be an output notification that a user’s puff operation has occurred.
In the alternative, because the device comprises a display and/or motor for outputting information regarding device operation, ([0067]) and the device has a termination function based on the number of puffs taken by a user, ([0087]), it is considered obvious to provide notifications regarding the progress towards the depletion of the aerosol generating article and termination of the device operations, further meeting the requirement for the processer to output a notification that a user’s puff operation has occurred.
Regarding claim 2, Han discloses the aerosol generating apparatus of claim 1. Han further discloses a heater configured to heat the aerosol generating article inserted into the first chamber to generate an aerosol, ([0008]).
Regarding claim 6, Han discloses the aerosol generating apparatus of claim 1. Han further discloses various positions for the pressure sensor in the second chamber, including the at least the in Fig 8A-B, and 9A-B, where the pressure sensor is depicted as located on a top end of the second chamber and connected to an inside of the second chamber.
Regarding claim 7, Han discloses the aerosol generating apparatus of claim 1. Han further discloses structures for integrating the pressure sensor into the device, ([0014]-[0015], [0122], [0124], [0127]-[0135] including a sensor bracket that supports the pressure sensor, ([0131] Fig 14-15 ref 67 a circuit substrate that serves as a bracket support for the pressure sensor), and comprises a through hole through which the pressure sensor and the second chamber are connected to each other, ([0128] Fig 14-15 ref 75 a pressure detection hole that connects the pressure sensor to the mainstream smoke passage); a sensor cover arranged to cover at least a portion of an outer circumferential surface of the pressure sensor and configured to dissipate heat transferred to the pressure sensor and a protective member arranged to surround at least a portion of the outer circumferential surface of the pressure sensor between the sensor bracket and the sensor cover and configured to prevent leakage of air introduced into the pressure sensor, ([0130]-[0131] Fig 14-15 ref 55 the film is a sensor cover and protective member described as covering and surrounding at least a portion of the outer circumferential surface of the pressure sensor, configured to prevent leakage of air, and would inherently dissipate heat through conduction).
Regarding claim 10-11, modified Han discloses the aerosol generating apparatus of claim 1, further comprising a display for output of visual information and/or a motor for output of haptic information, ([0067]), and one of ordinary skill in the art would find it obvious to output device operation information, such as when a user’s puff operation has occurred through the display, because the device tracks the puff operations to determine when to terminate operation of the device, notifying the user of each puff operation would help a user determine when replacement of the aerosol generating article is required.
Regarding claim 12, modified Han discloses the aerosol generating apparatus of claim 1, further comprising a display for output of visual information and/or a motor for output of haptic information, ([0067]), and the processor is configured to operate for a predetermined number of puffs before the heater operation is terminated, requiring that the controller track the number of puffs taken by a user, determine the remaining puffs available, and terminate the device operation after all the available puffs are taken. One of ordinary skill in the art would find it obvious to output this device operation information to the user through the display provided for user notifications, which includes an output of the remaining puffs available based on the number of times of an occurrence of the user’s puff operation.
Claim(s) 3-5, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (US 2020/0229501 A1), as applied to claim 2 above, and further in view of Abi Aoun et al. (US 2022/0408789 A1).
Regarding claim 3, modified Han discloses the aerosol generating apparatus of claim 2. Han does not disclose a heat insulating structure arranged to surround an outer circumferential surface of the heater and configured to seal the heater and prevent dissipation of the heat generated in the heater.
Abi Aoun teaches a similar aerosol generating apparatus that generates aerosol from an article inserted into the aerosol generating apparatus, ([0018]), and is thus within the inventor’s field of endeavor. Abi Aoun teaches that the device comprises a heater in the form of a hollow cylindrical tube into which the aerosol generating article is inserted for heating in use, which may be heated by inductive heating, ([0161]), where the heating arrangement is surrounded along at least part of its length by a thermal insulator, to reduce keep power requirements for the heater low by preventing heat loss generally, as well as preventing heat from passing from the heater arrangement to the exterior of the device, to keep the device cool during its operation ([0164]).
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the aerosol generating device of Han to include a tubular heater heated by inductive heating and surrounded by a thermal insulator along its length. This was known to have several benefits including preventing general heat loss from the chamber heating the aerosol generating article, and also keeping the device cool during heating operation for the user’s comfort.
Regarding claim 4, modified Han discloses the aerosol generating apparatus of claim 3. Han discloses the pressure sensor is spaced apart from the heat insulating structure, ([0009] Figs 4A-B, 7A-B, 8A-B, 9A-B, 10, 14, and 15 all depicting ref 60 a pressure sensor in a second chamber (the space where the pressure sensor is located) spaced apart from the first chamber where the aerosol generating article is inserted).
Regarding claim 5, modified Han discloses the aerosol generating apparatus of claim 3. Han depicts an electrical connector configured to electrically connect the pressure sensor to the processor, ([0131] Fig 14-15 ref 67 a circuit substrate that serves as a bracket support for the pressure sensor). By virtue of the location of the pressure sensor in relation to the chamber where the article would be inserted, which would comprise modification of the heat insulating structure, the electrical connector is considered to be arranged to bypass the insulating structure.
Regarding claim 8, modified Han discloses the aerosol generating apparatus of claim 2. Han discloses that the heater comprises: a coil configured to generate an alternating magnetic field, ([0057]). Han discloses generally that the aerosol generating article comprises the susceptor heated by the induction heater, rather than the apparatus comprising the susceptor, ([0057]).
Abi Aoun teaches a similar aerosol generating apparatus that generates aerosol from an article inserted into the aerosol generating apparatus, ([0018]), and is thus within the inventor’s field of endeavor. Abi Aoun teaches that the device comprises a heater in the form of a hollow cylindrical tube into which the aerosol generating article is inserted for heating in use, which may be heated by inductive heating, ([0161]).
It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified Han according to the teachings of Abi Aoun, to include a tubular susceptor in the heating chamber of Han, to heat an aerosol generating article inserted into the chamber. One of ordinary skill in the art would recognize that moving the susceptor from the article to the device would allow heating aerosol generating articles that do not have their own susceptor, allowing a greater variety of aerosol generating articles to be used within the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Han et al. WO2 019/088562 A2 publication date of 5/9/2019, relevant as a foreign language equivalent to Han et al. US 2020/0229501 A1;
Lauenstein et al. US 2021/0059313 A1 disclosing a similar aerosol generating device with a display, ([0022]), and notifications in the form of messaging ([0023]) that include notifications for puffs; and
Matsumoto et al. US 2017/0238605 A1 disclosing a similar aerosol generating device with a notification unit operatively connected to a detector, a counter, a notification controller, and a notification unit, see at least Fig 15, ([0093]-[0098]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL E VAKILI whose telephone number is (571)272-5171. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.E.V./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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