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 with traverse of Group I (claims 1-11) in the reply
filed on 04/16/2026 is acknowledged. The Applicant argues that Group I and II require additional features recited in the claims not addressed in the restriction requirement. The current Examiner finds the arguments persuasive. However, the shared technical feature including the features outlined by the Applicant are obvious in view of previously applied prior art and newly applied prior art as outlined below. See the rejection below. Therefore, the restriction requirement is still considered proper.
Claims 12-15 are withdrawn as being directed to a non-elected invention.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, lines 13-14 should read: “display a user interface showing various types of [[the]] aerosol generating articles through the display”
Appropriate correction is required.
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 8 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.
Claim 8, lines 2-3 are indefinite for reciting “a switching object configured to switch the user interface to another user interface when selected” because it is unclear what another user interface is. There is no definition provided for “another user interface” and it is unclear if the interface is changing the information being displayed or switching to a different user interface in a different location on or separate from the aerosol generating device. It is further unclear how the user interface can switch to another user interface and also comprise the switching object which is performing the switch of one user interface to another.
For purposes of examination the “another user interface” is being interpreted as the display of the user interface is changing what is being displayed.
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.
Claims 1-7 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. WO-2020105896-A1 (hereinafter referring to the US equivalent US-20210007393-A1, as cited in the IDS dated 12/19/2024), and further in view of Lim et al. (US-20200305512-A1, as cited in the IDS dated 06/05/2026).
In regards to claim 1, Jung directed to an aerosol generating apparatus ([0007];[0142]) comprising:
A housing comprising an inner space (i.e., accommodation space) for accommodating a cigarette (i.e., aerosol generating article) ([0078]);
A heater 130 configured to heat the aerosol generating article inserted into the accommodation space ([0078]-[0081]);
A display arranged on the housing ([0112]);
A detector 160 (i.e., sensor) positioned adjacent the accommodation space (Figure 4; [0078]);
And a controller comprising a processor ([0111]).
Jung further discloses a display capable of outputting visual information ([0112]), but does not explicitly disclose when the type of aerosol generating article inserted in the accommodation space is different from a type of a previously inserted aerosol generating article, displaying a user interface showing various types of the aerosol generating article through the display.
However, since Jung discloses if the type of inserted cigarette 500 is inconsistent with a predetermined type of cigarette, then the aerosol generating apparatus may not operate the heating unit ([0289]) and that the display can give information on the heating status of the cigarette, it would be obvious to one of ordinary skill in the art that the display is at the very least capable of notifying the user of a heating status when the article inserted into the accommodation space is different from a type of a previously inserted aerosol generating article and displaying that information to the user.
However, Jung still does not explicitly disclose displaying a user interface showing various types of the aerosol generating article through the display.
Lim directed to a method of controlling a temperature of a heater within an aerosol generating device according to a type of cigarette (abstract), discloses the aerosol generating device comprising a display capable of outputting visual information and at least one sensor such as a cigarette insertion detecting sensor ([0069]).
Lim further discloses that when the cigarette is inserted into the device and contacts a heater, the cigarette database communicates with the user terminal which then receives a request from the user terminal and transmits a temperature profile to the user based on the type of cigarette (i.e., transmits the new cigarette type to the user after a new cigarette is inserted) (Figures 10-11; [0051]).
Lim further discloses a plurality of types of cigarettes are displayed to the user (i.e., displaying a user interface showing various types of aerosol generating articles through the display) ([0037]).
Lim further discloses the display unit 150 displays to allow a user to select the type of cigarette inserted into an inner space of the aerosol generation device 10 and/or a temperature profile (a temperature control profile) according to the type of cigarette ([0103]).
Lim further discloses the detector senses the presence/insertion of the cigarette into the accommodation space and then identifies the type of cigarette before sending a temperature profile to the user (Figures 10-11; [0069]).
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Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jung, by having the display provide a user interface show various types of the aerosol generating article when a new/different aerosol generating article is inserted in the accommodation space, as taught by Lim, because both are directed to aerosol generating devices comprising similar components such as insertion detectors, controllers, and heating means, Lim teaches displaying the various aerosol generating articles to the user allows the user to select the type of article inserted such that an accurate temperature control profile is selected ([0103]), and this merely involves applying a known technique of displaying several aerosol-generating articles in response to insertion of a different aerosol generating article, of a similar device to yield predictable results of displaying different types of aerosol generating articles so a user can pick the article desired and desired heating temperatures through specific heating profiles provided.
In regards to claim 2, Jung discloses the detector (i.e., sensor) is an inductance sensor configured to detect an inductance value corresponding to the type of the aerosol generating article inserted into the accommodation space ([0140]-[0143]).
In regards to claim 3, Jung discloses the controller (i.e., processor) is further configured to:
Obtain the characteristic value, which includes an inductance value, based on the type of the aerosol generating article from the sensor 160 ([0136]-[0143]), and
Based on the obtained inductance value, detect the type of aerosol generating article inserted in the accommodation space ([0136]).
In regards to claim 4, Jung discloses a memory for storing data of the type of aerosol generating articles ([0104]).
Jung further discloses the processor is configured to detect whether the type of aerosol generating article is a predetermined type of aerosol generating article (i.e., detect whether the type of the aerosol generating article is different from the type of the previously inserted aerosol generating article) ([0031];[0136]) based on information regarding the type of aerosol generating article ([0104]).
Jung further discloses the memory can store the measured current characteristic values of the inserted aerosol generating article and store the current measured values to determine the insertion state of the cigarette thereon ([0235]).
Jung further discloses the apparatus may store in a memory identifiable types of aerosol generating articles and a heating intensity/heating period which is optimal for each type of aerosol generating article ([0287]).
Jung does not explicitly disclose the data is based on the previously inserted aerosol generating article, however Jung discloses the memory stores the measured current characteristic values of the inserted aerosol generating article and further stores the identifiable types of aerosol generating articles that can be inserted into the device, therefore it would be obvious to one of ordinary skill in the art that this data stored can be based on previously inserted aerosol generating articles, since the data stored is further updated based on the currently inserted aerosol generating article.
In regards to claim 5, Jung discloses the aerosol generating apparatus may include an input unit for receiving a user input such that operation of the aerosol generating apparatus may be controlled ([0114]), wherein the operation includes controlling the power supplied to the heater ([0235]-[0236]).
In regards to claim 6, The Examiner notes that each object corresponding to aerosol generating articles appears to mean the user interface comprises a separate object for each aerosol generating article.
Modified Jung discloses the display unit allows the user to select the type of aerosol generating article inserted into an inner space of the aerosol generating device and/or a temperature profile according to the type of aerosol generating article inserted (Lim [0103]).
Modified Jung further discloses the controller may include an input receiver such as a touch input ([0099]).
Modified Jung does not explicitly disclose three separate objects, however Modified Jung teaches a plurality of aerosol generating articles stored and available for the user to pick from (Lim [0103];[0130]-[0131]), and therefore it would be obvious to one of ordinary skill in the art that Modified Jung teaches at least three separate objects corresponding to each aerosol generating article, and thus is considered prima facie obvious.
In regards to claim 7, Modified Jung does not explicitly disclose a first, second, and third object being received on the user interface and then supplying equivalent power to the heater according to equivalent temperature profiles. However, Jung discloses the apparatus may store in a memory identifiable types of aerosol generating articles and a heating intensity/heating period which is optimal for each type of aerosol generating article ([0287]).
Modified Jung further discloses the display unit allows the user to select the type of aerosol generating article inserted into an inner space of the aerosol generating device and/or a temperature profile according to the type of aerosol generating article inserted (Lim [0103]). Therefore, it would be obvious to one of ordinary skill in the art that there could be at least three different aerosol generating articles provided on the user interface, that would then have their own heating profiles controlled by the processor, and is thus considered prima facie obvious.
In regards to claims 9-10, Jung discloses the aerosol generating apparatus may stop the operation of the heating unit when the aerosol generating article is separated from the case during operation of the heating unit (i.e., detect the aerosol generating article when it is being moved in an outward direction by a sensor and stop power supply to the heater) ([0151]).
In regards to claim 11, Jung discloses the heater may include an electrically conductive coil and a susceptor which may be heated by the induction heater ([0087]).
Jung further discloses a coil wherein an alternating current may induce an eddy current in the electromagnetic inductor ([0093]-[0094]).
Jung does not explicitly disclose the susceptor is configured to emit heat in response to the alternating magnetic field generated in the coil, however, given that Jung disclose both an alternating magnetic field and a susceptor included in an induction heater, it would be obvious to one of ordinary skill in the art that when the coil generates an alternating magnetic field, the susceptor emits heat to heat the aerosol generating article in the accommodation space, as that is the function of a susceptor.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. WO-2020105896-A1 (hereinafter referring to the US equivalent US-20210007393-A1, as cited in the IDS dated 12/19/2024) in view of Lim et al. (US-20200305512-A1, as cited in the IDS dated 06/05/2026), as applied to claim 1 above, and further in view of Yamada (US-20230074631-A1).
In regards to claim 8, Modified Jung does not explicitly disclose a switching object configured to switch the user interface display when selected and when a user input for selecting the switching object is received, stopping power to the heater.
Yamada, directed to an information processing device for a device such as an e-cigarette ([0003];[0008]), discloses the controller configured to generate a display image that displays a profile ([0008]).
Yamada further discloses a user terminal 200 generates the display image which displays a heating profile from a start time to an end time ([0127]) and that the user terminal changes the heating profile and the display of the heating profile in the display image (i.e., switch the user interface to another user interface) in accordance with a user operation on a parameter to be operated in the display image. This configuration allows the user to change the heating profile while visually recognizing the change of the heating profile. Accordingly, usability in customizing the heating profile is improved. ([0163]).
Yamada further discloses the parameter to be operated is operated by selecting one of the points (values of the parameter; 30-1 to 30-5) (i.e., switching object) and shifting the selected point up and down to allow the user to customize the heating profile and when the point is changed, so is the display (i.e., a switching object configured to switch the user interface to another user interface when selected) ([0137];[0169]-[0179]).
Yamada further discloses the user terminal includes an input unit 210 which can receive an input of various items of information such as input from the user via a button, keyboard, touch panel and microphone (i.e., switching object) ([0108]-[0109]).
Yamada does not explicitly disclose the processor configured to stop power supply to the heater when the input for selecting the switching object is received, however Yamada does teach that when no target temperature is set in a fourth period P4 after the time T4, the controller controls the heater 121 to stop heating ([0125]). Therefore, Yamada teaches a situation where the device displays have an original profile (e.g., like in Fig. 12; first “user interface”) with points 30-1 to 30-5 (i.e., the switching object) that can be adjusted up and down. Adjusting these points up and down changes the displayed image to a second image ([0163]; (like in Fig. 13; “another user interface”). In the changed temperature profile of Fig. 13, since there is no target temperature set after T4, the heater would stop heating (see [0125] above).
Yamada further discloses power supplied to the heater can be stopped in response to an input of predetermined information ([0081]). Therefore, it would be obvious to one of ordinary skill in the art that Yamada makes obvious stopping power supply to the heater when the input for the switching object is received.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Modified Jung by making the device further comprise a switching object to change the display and stop power supply to the heater, as taught by Yamada, because all are directed to aerosol generating apparatus comprising displays, Yamada teaches a mechanism that allows a user to more easily customize operation of the device ([0007]) and that the configuration allows the user to change the heating profile while visually recognizing the change of the heating profile which improves usability ([0163]), and this merely involves applying a known technique of using a switching object to change displays and power supplied to heaters of a similar device to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reevell (US 20170135404 A1), directed to a cartridge for an aerosol-generating system with identification inductor, discloses one or more electrical components for distinguishing the cartridge from other cartridges including electric resistors, capacitor, or inductors (abstract; [0006]). Reevell further discloses a look-up table stored in the memory comprising data indicative of electrical inductance values associated with data identifying a cartridge ([0006]; [0030]-[0032]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5.
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/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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