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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-8 in the reply filed on April 22, 2026 is acknowledged.
Claims 9-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 22, 2026.
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)(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.
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bastista et al. (US 2020/0367570, cited on 10/30/2023 IDS).
Regarding claims 1 and 2, Bastista discloses an aerosol-generating device (Fig. 1, aerosol-generating device 20, [0113]) comprising:
a plurality of temperature sensors configured to detect the temperature change with a threshold set for each of the plurality of sensors when the temperature change is detected (Fig. 4, a plurality of temperature sensors 80, 82, 84 (anticipates a plurality of temperature sensors of claim 1); an upstream sensor 82 and a downstream sensor 84 respectively located upstream and downstream of the heating surface 34; the temperatures measured by the upstream sensor 84 and downstream sensor 82 may comprise an air temperature at or proximal to the position of the respective sensors 82, 84 [0131]; temperatures as measured at different locations across the aerosol-generating chamber 38 by the temperature sensors 80, 82, 84 may be used for determining an air flow event, such as an inhalation, an exhalation, or an air flow rate, such as a volumetric air flow rate, of the air supply [0134]) (anticipates a plurality of temperature sensors configured to detect a temperature change of an airflow path of claim 1 and at least one of the plurality of temperature sensors is configured an air temperature change in the airflow path of claim 2);
a controller (Fig. 1, controller 14 is arranged to control an operational parameter of the device 20 based on at least two temperatures along the air flow passage [0131]; when a user puffs on the mouthpiece, there is an air supply 90 flowing in the direction from the upstream sensor 82 towards the downstream sensor 84. The air flow rate of the air supply 90 may be determined from the two temperatures such as a difference or a ratio between the temperature measured by the sensors 82, 84 spaced apart from each other (Fig. 5b, [0135]); the controller 14 may refer to information stored in a memory in order to process one or more temperatures sensed by the sensor 80, 82, 84 (anticipates to compare the detected temperature change with a threshold set for each of the temperature sensors when the temperature change is detected of claim 1); the memory may comprise at least one or more look up table such as empirical air flow rate corresponding to different temperature measurements [0137]; the controller 14 may analyze a relationship, such as relative differences or ratios, between the temperature measurements obtained by a plurality of sensors 80, 82, 84, then determines, based on this analysis an instantaneous air flow rate across the aerosol-forming chamber 38 [0140] (anticipates whether or not a user’s puff occurred based on the comparison result of claim 1). This anticipates claims 1 and 2.
Regarding claim 3, Batista discloses at least one of the plurality of temperature sensors is configured to detect a temperature change of a heater (the plurality of temperature sensors comprise a heating element (anticipates a heater) sensor at the heating surface 34 for measuring the temperature at the heating element [0131]; the use of a plurality of temperature sensors 80, 82, 84 allows additional operational information, such as a temperature gradient across the heating surface 34 (anticipates detect a temperature change of a heater) [0134]). This anticipates claim 3.
Regarding claim 5, Batista discloses at least one air temperature sensor configured to detect an air temperature change in the airflow path (an upstream sensor 82 and a downstream sensor 84 respectively located upstream and downstream of the heating surface 34; the temperatures measured by the upstream sensor 84 and downstream sensor 82 may comprise an air temperature at or proximal to the position of the respective sensors 82, 84 [0131]; temperatures as measured at different locations across the aerosol-generating chamber 38 by the temperature sensors 80, 82, 84 may be used for determining an air flow event, such as an inhalation, an exhalation, or an air flow rate, such as a volumetric air flow rate, of the air supply [0134]) (anticipates a plurality of temperature sensors configured to detect an air temperature change in the airflow path), and
at least one heater temperature sensor configured to detect a temperature change of a heater (the plurality of temperature sensors comprise a heating element (anticipates a heater) sensor at the heating surface 34 for measuring the temperature at the heating element [0131]; the use of a plurality of temperature sensors 80, 82, 84 allows additional operational information, such as a temperature gradient across the heating surface 34 (anticipates detect a temperature change of a heater) [0134]). This anticipates claim 5.
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 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bastista et al. (US 2020/0367570, cited on 10/30/2023 IDS) as applied to claim 3, in view of Mironov et al. (US 2016/0120221).
Regarding claim 4, Bastista discloses all the claim limitations as set forth above. Batista does not explicitly disclose the heater is a susceptor that is inductively heated by a coil through which an alternating current flows.
Mironov teaches an aerosol-generating system comprising a mesh susceptor (title); a cartridge for use in an aerosol-generating system, the aerosol-generating system including an aerosol-generating device, the cartridge configured to be used with the device, a device housing, an inductor coil positioned on or within the housing, and a power supply connected to the inductor coil and configured to provide a high frequency oscillating current to the inductor coil, the cartridge including a cartridge housing containing an aerosol-forming substrate and a ferrite mesh susceptor element positioned to heat the aerosol-forming substrate (abstract). Mironov teaches the arrangement using inductive heating has the advantage that no electrical contacts need be formed between the cartridge and the device and the susceptor heating element need not be joined to any other components, eliminating the need for solder or other bonding elements. Furthermore, the coil is provided as part of the device making it possible to construct a cartridge that is simple, inexpensive and robust. Cartridges are typically disposable articles produced in much larger numbers than the devices with which they operate. Accordingly reducing the cost of cartridges, even if it requires a more expensive device, can lead to significant cost savings for both manufacturers and consumers. ([0007]).
In a first embodiment, the aerosol-generating system comprises device 100 and a cartridge 200 (Fig. 1, [0061). A flat spiral inductor coil 110 is included within the mouthpiece portion ([0062]). The cartridge 200 comprises a housing 204 holding a capillary material and filled with liquid aerosol-forming substrate wherein an open end of the cartridge housing 204 is covered by a permeable susceptor element 210 (reads over a susceptor) (Fig. 2, [0063]). When the cartridge 200 is engaged with the device and is received in the cavity 112, the susceptor element 210 is positioned adjacent the flat spiral coil 110 ([0064]). When a puff is detected, the control electronics provide a high frequency oscillating current (reads on alternating current) to the coil 110 which generates an oscillating magnetic field as shown in the dotted lines in Fig. 1. The oscillating magnetic field passes through the susceptor element, inducing eddy currents in the susceptor element which heats up the susceptor element as a result of Joule heating and as a result of hysteresis losses (reads over a susceptor that is inductively heated by a coil through which an alternating current flows).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Batista by using the above discussed inductive heater arrangement of Mironov for the advantage of significant cost savings for both the manufacturers and consumers as taught by Mironov. This reads over claim 4.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bastista et al. (US 2020/0367570, cited on 10/30/2023 IDS) as applied to claim 1, in view of Wrenn et al. (US 2002/0005207).
Regarding claim 7, Bastista discloses all the claim limitations as set forth above and specifically discloses the controller is further configured to determine whether a user’s puff occurred (see claim 1 rejection, Batista [0140]). Additionally, Batista discloses the aerosol-generating device 20 and a liquid storage portion 100 wherein the liquid storage portion 100 in the illustrated example of FIG. 1 is a replaceable cartridge comprising an aerosol-forming substrate, such as a liquid aerosol-forming substrate which is heated by the heater assembly 30 to form a vapor. As a user puffs on a mouthpiece 66, an air supply is drawn into the aerosol-generating device 20. The air supply, at the ambient temperature, condenses the vapor to form a stream of generated aerosol that may exit the device into the user’s mouth. (Fig. 1, [0113]-[0014]). The controller 14 may determine a puff rate, a puff frequency, a puff volume, or any combination thereof ([0146]). However, Batista does not explicitly disclose an output unit that visually outputs a number of remaining puffs, wherein the controller is further configured to control the output unit to output the number remaining puffs.
Wrenn teaches an electrical smoking system comprising a cigarette and an electric lighter (Abstract); the smoking system 21 includes a partially-filled filter cigarette 23 and reusable lighter 25, wherein preferably each cigarette 23 provides a total of eight puffs (puff cycles) (Fig. 1, [0051]). The lighter 25 includes a control circuitry 41 that is activated by a puff-actuated sensor 45 that is sensitive to either changes in pressure or changes in the rate of air flow that occur upon initiation of a draw on the cigarette 23 by a smoker (Fig. 2, [0057]). An indicator 51 (reads over an output unit) is provided at a location along the exterior of the lighter 21, preferably on the front housing portion 33, to indicate the number of puffs remaining in a smoke of a cigarette 23. The indicator 51 preferably includes a seven digit liquid crystal display. When the cigarette 23 is inserted, the control circuity 41 provides a signal to the indicator 51 wherein the display of the digit “8” on the indicator 51 reflects that eight puffs provided on each cigarette are available and displays the digit “0” after the cigarette 23 is fully smoked (reads over an output unit visually outputs a number of remaining puffs) ([0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Batista by using the above discussed display arrangement of Wrenn for the advantage of indicating the number of puffs remaining in a smoke of a cigarette as taught by Wrenn.
One of ordinary skill in the art would have a reasonable expectation of success in the above modification because the end result is Batista’s user is informed of the remaining puffs available to be smoked, and if the remaining number is “0” puffs, then the user would be informed that the replaceable cartridge of Batista would need to be replaced. This reads over claim 7.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bastista et al. (US 2020/0367570, cited on 10/30/2023 IDS) as applied to claim 1, in view of Mullin et al. (US 2021/0145072).
Regarding claim 8, Bastista discloses all the claim limitations as set forth above. Bastista does not explicitly disclose the plurality of sensors are configured to selectively detect a change in an air temperature exceeding a preset value.
Mullin teaches an electronic vapor provision system such as an e-cigarette 10 comprising a body 20 and cartomizer 30 (Fig. 1, [0038]). The body 20 includes a heatable temperature sensor 215 (reads over an air temperature sensor) to detect an inhalation on mouthpiece 35 ([0044]); the heatable temperature sensor 215 located in or adjacent to the air path through the body 20 from the air inlet to the air outlet ([0054]). Mullin further teaches it is desirable to provide an e-cigarette with a vaporizer activation mechanism which is cheaper to manufacture and which nonetheless works in a reliable manner. With this in mind, the present technique provides an electronic vapor provision system (such as an e-cigarette 10) comprising a vaporizer (such as heater 365) for vaporizing aerosol precursor material (such as nicotine liquid) for inhalation by a user of the electronic vapor provision system, a power supply (for example, comprising a cell or battery such as cell 210) for supplying power to the vaporizer, a wall defining an air flow path along which air travels through the electronic vapor provision system when a user inhales or exhales on the electronic vapor provision system, a temperature sensor (such as temperature sensor 215) mounted in the air flow path adjacent a portion of the wall of the air flow path and a controller (such as microcontroller 555). The controller is configured to cause power to be supplied to the temperature sensor to heat the temperature sensor and to cause power to be supplied to the vaporizer to vaporize the aerosol precursor material in response to detecting a change in temperature of the temperature sensor. In one example, power is supplied to the vaporizer when the detected change in temperature or rate of detected change in temperature exceeds a predetermined minimum threshold (reads over a preset value) ([0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Batista with the above discussed temperature sensor arrangement of Mullin for the advantage of causing power to be supplied to the vaporizer when the detected change is temperature or rate of detected change in temperature exceeds a predetermined minimum threshold as taught by Mullin. This reads over claim 8.
Allowable Subject Matter
Claim 6 is 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:
Batista discloses the plurality of temperature sensors include air temperature sensor configured to detect an air temperature change in the airflow path (an upstream sensor 82 and a downstream sensor 84 respectively located upstream and downstream of the heating surface 34; the temperatures measured by the upstream sensor 84 and downstream sensor 82 may comprise an air temperature at or proximal to the position of the respective sensors 82, 84 [0131]; temperatures as measured at different locations across the aerosol-generating chamber 38 by the temperature sensors 80, 82, 84 may be used for determining an air flow event, such as an inhalation, an exhalation, or an air flow rate, such as a volumetric air flow rate, of the air supply [0134]).
The prior art of record does not teach or reasonably suggest wherein the air temperature sensor is installed where a range of temperature change by a user’s puff in the airflow path is about 3 degrees to about 5 degrees Celsius.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE KIRBY JORDAN whose telephone number is 571-272-5214. The examiner can normally be reached M-F 8AM - 4PM (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 H. Wilson can be reached on 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.
/RONNIE KIRBY JORDAN/Examiner, Art Unit 1747
/Christopher M Rodd/Primary Examiner, Art Unit 1766
Prosecution Insights