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Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/29/2026.
Applicant’s election without traverse of group I, claims 1-10 in the reply filed on 5/29/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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)(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) 1-4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mironov et al. (US 20210315279).
Regarding claim 1, Mironov discloses an aerosol generating device (10, fig. 1), comprising:
a heating housing configured to receive an aerosol generating article (by reference sign 90, fig. 1);
a first coil disposed on the heating housing and configured to generate a magnetic field; and a first magnetic sensor configured to detect a change in the magnetic field generated by the first coil [0071-0075].
Regarding claim 2, Mironov discloses wherein the first magnetic sensor is disposed adjacent to the first coil ([0071] and fig. 1).
Regarding claim 3. Mironov discloses wherein the first coil and the first magnetic sensor are arranged to at least partially overlap in one radial direction of the heating housing (by reference sign 51, fig. 1).
Regarding claim 4, Mironov discloses wherein the first coil has an axis in a longitudinal direction of the heating housing (by reference sign 51, fig. 1).
Claim Rejections - 35 USC § 103
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mironov et al. (US 2021315279) in view of Ho et al. (KR 20200038050).
Regarding claim 5, Mironov discloses the device further comprising: a support portion (by reference sign 55, fig. 1 and [0008]) capable of being a shielding portion configured to block electromagnetic waves and arranged to at least partially surround the first magnetic sensor. Since Mironov discloses the need for shielding. Furthermore, it would have been obvious to configure the support portion or add another portion to block electromagnetic waves and arranged to at least partially surround the first magnetic sensor. Since Mironov discloses the need for shielding.
Claim(s) 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mironov et al. (US 2021315279) in view of Ho et al. (KR 20200038050 with English translation).
Regarding claim 6, Mironov does not expressly discloses a second coil. Ho discloses a device further comprising: a second coil disposed in a region of the heating housing which is different from a region in which the first coil is disposed, and configured to generate a magnetic field; and a second magnetic sensor configured to detect a change in the magnetic field generated by the second coil (by reference signs 17 and 18 of figs. 3-4 and page 2). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to add a second coil and a second magnetic sensor as taught by Ho for better accuracy.
Regarding claim 7, Mironov discloses wherein the second magnetic sensor is disposed opposite to the second coil on the heating housing (see figs. 3-4).
Regarding claim 8, Mironov discloses wherein the second coil and the second magnetic sensor are arranged to at least partially overlap in one axis direction of the heating housing (see figs. 3-4).
Regarding claim 9, it would have been obvious to one of ordinary skill in the art that the second coil has an axis in a normal direction of a side surface of the heating housing as an engineering choice. Furthermore, rearrangement of parts are unpatentable (see In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950))
Regarding claim 10, similar to the discussion above for claim 6, the combination of Mironov and Ho taken together as a whole suggests having a shielding portion configured to block electromagnetic waves and arranged to at least partially surround the second magnetic sensor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. 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, Michael H Wilson can be reached at 5712703882. 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.
/PHU H NGUYEN/Examiner, Art Unit 1747
Prosecution Insights