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 .
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-4, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2021/0007393) in view of Fernando et al. (EP 3378339A1).
Claim 1. Jung et al. discloses an aerosol generating apparatus 200 including a cover 220 (cartridge) coupled to the case 210 (body). The cover 220 forms an exterior of the aerosol generating apparatus 200 together with the case 210. The cover 220 may be coupled to the case 210 to protect inner configuration elements of the aerosol generating apparatus 200 ([0251]; Figure 18). When the cover 220 is coupled, an outer hole 222 of the cover 220 and an insertion hole 212 of the case 210 may be aligned. The cigarette 500 may be inserted into the insertion hole 212 through the outer hole 222 (insertion hole 212 and outer hole 222 forming part of an elongated insertion space). Thereby, an aerosol generating material is fixed, and thus, it is possible to prevent the aerosol generating material from being separated from the case 210 to fall out ([0253]; Figure 18). The first detector 262 and the second detector 264 (sensors) may be provided in the case 210. For example, the first detector 262 and the second detector 264 may be disposed on the top of the case 210 to which the cover 220 is coupled. As another example, the first detector 262 and the second detector 264 may be disposed in a cigarette accommodation portion (elongated insertion space) in which the cigarette 500 is inserted and accommodated ([0254]; Figure 18).
In Jung et al., the detectors 262 and 264 are configured to detect when the cigarette 500 is inserted into the case 210 based on the detected change in characteristic of the current flowing through a coil as the electromagnetic inductor 580 within cigarette 500 approaches ([0255]; Figures 18 and 19). Jung et al. does not disclose that the sensor comprises a sensor light source configured to radiate light toward the insertion space of the cartridge and a photodiode configured to respond to light incident thereon, and wherein the controller is configured to control the sensor light source to radiate light, determine that an object is inserted into the insertion space based on a signal received from the photodiode, and determine whether the object inserted into the insertion space is a stick based on the signal received from the photodiode.
Fernando et al. discloses an aerosol-generating system 300 comprising an aerosol-generating device 302 (body) and an aerosol-generating article 304 (cartridge). The aerosol-generating device 302 comprises a power supply 306, such as a battery, control circuitry 308 (controller), and a detector 310 (sensor). The device 302 is also provided with a cavity for receiving the aerosol-generating article 304 ([0092]; Figure 3). The detector 310 (sensor) is capable of detecting the presence of the aerosol-generating article 304 (cartridge) in the cavity and distinguishing the aerosol-generating article from other articles configured for use with the aerosol-generating system 302, based on the taggant incorporated within the material of the container 312. The detector 310 comprises a light source (sensor light source) and a light sensor (photodiode) for determining the spectroscopic signature of the taggant to identify the aerosol-generating article 304 ([0094]; Figure 3). In use, when the user inserts the aerosol-generating article 304 into the aerosol-generating device 302 the detector 310 determines the type of aerosol-generating article being inserted by emitting light, and detecting the response received by the light sensor ([0095]; Figure 3). When the user draws on the mouthpiece, the control circuitry, in dependence on the type of aerosol-generating article 304 detected, provides power to the heater 316 to generate an aerosol. The power supplied may optimised in accordance with the brand of aerosol-generating article, or in accordance with pre-determined user preferences, and so on. Alternatively, or in addition, if the aerosol-generating article 304 is not recognised by the detector, the control circuitry may prevent power being supplied to the heater 316 to prevent the use of unauthorised aerosol-generating articles ([0096]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to replace the first detector 262 and the second detector 264 of Jung et al. with the detector 310 comprising a light source (sensor light source) and a light sensor (photodiode) as disclosed by Fernando et al. because the detector 310 has the added functionality of distinguishing one aerosol-generating article from other articles based on the taggant incorporated within the material of the container 312 (Fernando [0094]; Figure 3) and preventing the use of unauthorised aerosol-generating articles (Fernando [0096]).
Claim 2. Modified Jung et al. discloses that cover 220 (cartridge) comprises an outer hole 222 configured to receive a cigarette 500 (Jung [0253]; Figure 18). Vaporizer 170 may generate aerosol by heating a liquid composition and the generated aerosol may pass through the cigarette 500 to be delivered to a user. In other words, the aerosol generated via the vaporizer 170 may move along an air flow passage of the aerosol generating device 100 and the air flow passage may be configured such that the aerosol generated via the vaporizer 170 passes through the cigarette 500 to be delivered to the user. The vaporizer 170 may generate aerosol by heating the liquid composition, and discharge the aerosol toward the cigarette 500 so that the aerosol passes through the cigarette 500 inserted into a cigarette insertion portion (Jung [0096]). Vaporizer 170 may include a liquid storage (first container comprising a chamber configured to store a liquid), a liquid delivery element (wick), and a heating element (heater) (Jung [0097]). The liquid delivery element may deliver the liquid composition of the liquid storage to the heating element. For example, the liquid delivery element may be a wick such as cotton fiber, ceramic fiber, glass fiber, or porous ceramic (Jung [0100]). The heating element is an element for heating the liquid composition delivered by the liquid delivery element. For example, the heating element may be a metal heating wire, a metal hot plate, a ceramic heater, or the like (Jung [0101]). The liquid storage (first container comprising a chamber configured to store a liquid) of vaporizer 170 is defined by an inner wall forming part of the insertion space for receiving cigarette 500, and an outer wall (Jung Figure 2).
Claim 3. Modified Jung et al. discloses that case 210 (body) comprises a lower body which houses controller 240 and a battery 250, and an upper body adjacent to a side portion of the cover 220 (cartridge) and upon which first detector 262 and the second detector 264 (which are replaced with detector 310 of Fernando et al. in the proposed combination) are mounted (Jung Figure 18).
Claim 4. Modified Jung et al. discloses that cigarette 500 may be inserted into the insertion hole 212 through the outer hole 222 (insertion hole 212 and outer hole 222 forming part of an elongated insertion space) which are adjacent to the side portion of the cover 220 (cartridge) which is in contact with the upper body portion of case 210 (body). First detector 262 and the second detector 264 (which are replaced with detector 310 of Fernando et al. in the proposed combination) are mounted adjected to a side portion of the upper body portion of case 210 (body) which is in contact with the side portion of cover 220 (cartridge) (Jung Figure 18).
Claim 7. Modified Jung et al. discloses that the detector 310 comprises a light source (sensor light source) and a light sensor (photodiode) for determining the spectroscopic signature of the taggant to identify the aerosol-generating article 304 (Fernando [0094]; Figure 3). In use, when the user inserts the aerosol-generating article 304 into the aerosol-generating device 302 the detector 310 determines the type of aerosol-generating article being inserted by emitting light, and detecting the response received by the light sensor (quantity of light incident on the photodiode) (Fernando [0095]; Figure 3). When the user draws on the mouthpiece, the control circuitry, in dependence on the type of aerosol-generating article 304 detected, provides power to the heater 316 to generate an aerosol. The power supplied may optimised in accordance with the brand of aerosol-generating article, or in accordance with pre-determined user preferences, and so on. Alternatively, or in addition, if the aerosol-generating article 304 is not recognised by the detector, the control circuitry may prevent power being supplied to the heater 316 to prevent the use of unauthorised aerosol-generating articles (Fernando [0096]).
Claim 9. Modified Jung et al. discloses that the detector 310 comprises a light source (sensor light source) and a light sensor (photodiode) for determining the spectroscopic signature of the taggant to identify the aerosol-generating article 304 (Fernando [0094]; Figure 3). When the user draws on the mouthpiece, the control circuitry, in dependence on the type of aerosol-generating article 304 detected, provides power to the heater 316 to generate an aerosol. The power supplied may optimised in accordance with the brand of aerosol-generating article, or in accordance with pre-determined user preferences, and so on. Alternatively, or in addition, if the aerosol-generating article 304 is not recognised by the detector, the control circuitry may prevent power being supplied to the heater 316 to prevent the use of unauthorised aerosol-generating articles (Fernando [0096]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2021/0007393) in view of Fernando et al. (EP 3378339A1) and Farine (US 2020/0367569).
Claim 8. Modified Jung et al. discloses that the detector 310 determines the type of aerosol-generating article being inserted by emitting light, and detecting the response received by the light sensor (signal level range) (Fernando [0095]; Figure 3). When the user draws on the mouthpiece, the control circuitry, in dependence on the type of aerosol-generating article 304 detected, provides power to the heater 316 to generate an aerosol. The power supplied may optimised in accordance with the brand of aerosol-generating article, or in accordance with pre-determined user preferences, and so on. Alternatively, or in addition, if the aerosol-generating article 304 is not recognised by the detector, the control circuitry may prevent power being supplied to the heater 316 to prevent the use of unauthorised aerosol-generating articles (Fernando [0096]).
Modified Jung et al. does not explicitly disclose that the controller determines the signal level range based on a look up table and determines that the inserted object is or is not a stick based upon the signal level range being a first or second signal level range.
Farine discloses a method of controlling a heater in an aerosol-generating device where the electric circuitry may further comprise a means for identifying a characteristic of an aerosol-forming substrate in the device and a memory holding a look-up table of power control instructions and corresponding aerosol-forming substrate characteristics ([0107]).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the control circuitry of the device of modified Jung et al. uses a look up table to determine that the inserted object is or is not a stick based upon the signal level range being a first or second signal level range, as use of look-up tables in control methods is notoriously well known in the art as evidenced by Farine.
Allowable Subject Matter
Claims 5, 6, and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Jung et al. (US 2021/0007393) in view of Fernando et al. (EP 3378339A1). Jung et al. in view of Fernando et al. discloses the device of claim 1 wherein the detector 310 determines the type of aerosol-generating article being inserted by emitting light, and detecting the response received by the light sensor (Fernando [0095]; Figure 3). Jung et al. in view of Fernando et al. does not disclose or suggest that the determination that an object is inserted into the insertion space is based on a time period it takes for the photodiode to respond to light radiated by the sensor light source. Jung et al. in view of Fernando et al. also does not disclose or suggest wherein the body comprises a protruding connection terminal configured to be electrically connected to the heater when the cartridge is coupled to the body, and wherein the controller is further configured to: determine whether the cartridge and the body are coupled to each other based on the protruding connection terminal being electrically connected to the heater, and perform control such that the sensor light source radiates light based on a determination that the cartridge and the body are coupled to each other.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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 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.
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.
/KATHERINE A WILL/Primary Examiner, Art Unit 1747