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 Claims 1-2, and 4-8 in the reply filed on April 24, 2026 is acknowledged.
On page 6-8, Applicant argues that Lim fails to disclose the shared feature between groups I-II as indicated on the Restriction Requirement dated 2/25/2026; specifically, the limitation: “a processor configured to: output the notification through the user interface based on whether a preset condition regarding the data about the heating time is satisfied”. Examiner respectfully disagrees with the arguments because Lim (US 2020/0154773 A1) anticipates Claim 1 (containing the shared feature).
Lim teaches an aerosol generating device ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1) comprising:
a heater configured to heat at least a part of an aerosol generating article ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1 comprises heater 10 configured to heat at least a part of cigarette 3 (aerosol generating article));
a memory ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1 comprises memory 115);
a user interface configured to output a notification to a user ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1 comprises interface 40; and [0058] The interface 140 may include various interfacing means for outputting visual information, input/output (I/O) interfacing means (for example, a button or a touch screen) for receiving information input by a user or outputting information to the user); and
a processor ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1 comprises controller 120; and [0052], The controller 120 is an integrated circuit implemented by using a processing unit such as a microprocessor) configured to:
when an accumulated heating number of the heater is greater than or equal to a threshold value ([0069], the controller 120 may accumulate and count the number of times the user smokes; and [0071], The controller 120 may determine whether the set smoking restriction conditions are satisfied, based on whether the number of times the user smokes during a preset threshold time period has reached a preset threshold number of times),
obtain data about a heating time of the heater and store the obtained data in the memory ([0067], Fig. 4; the controller 120 may count the completion of one-time smoking, while determining a time when one-time smoking is completed, based on the result of the sensing. The controller 120 may check a smoking time and count the number of times a user smokes, based on a power on/off signal of the aerosol generating apparatus 1 due to an input of a button of the interface 140. The memory 115 may store cumulative information about the smoking time points and the numbers of times a user smokes; and [0080], the controller 120 of the aerosol generating apparatus 1 may count the number of times the user smokes, by determining a start and an end of smoking according to various methods; and [0055], The memory 115 may store data about a smoking pattern of the user, such as a smoking time and the number of times of smoking. The smoking time indicates the heating time of the heater (start of a smoking session to its end)); and
output the notification through the user interface based on whether a preset condition regarding the data about the heating time is satisfied ([0071], The controller 120 of the aerosol generating apparatus 1 may determine whether the set smoking restriction conditions are satisfied, based on whether the number of times the user smokes during a preset threshold time period has reached a preset threshold number of times; and [0094], In the smoking restriction mode where the smoking restriction condition is satisfied, the interface 140 may provide a notification indicating that the smoking restriction mode has been activated, by using an interfacing means. The notification is output when the smoking restriction mode is activated; The smoking restriction mode is an indication that the heating time has expired (see [0072]); and therefore a preset condition regarding the data about the heating time has been satisfied).
Additionally, Lee (US 2020/0214355 A1) discloses an aerosol generating device ([0053], Fig. 1; aerosol generating device 100) comprising a controller configured to stop a heating operation of a heater under the condition that a time of a heating operation of the heater exceeds a preset time limit ([0053], Fig. 1; Controller 140; and [0013]-[0016]).
As Lim discloses the shared feature and/or Lim can be combined with Lee to yield the shared feature, the "special technical feature" lacks novelty or inventive step and does not make a contribution over the prior art. Therefore, no single general inventive concept exists and restriction is appropriate. Claims 3, and 9-15 are withdrawn.
Claim Rejections - 35 USC § 102
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.
(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.
Claims 1 and 8 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Lim (US 2020/0154773 A1).
Regarding Claim 1, Lim, directed to aerosol generating devices ([0002]-[0004]), teaches an aerosol generating device ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1) comprising:
a heater configured to heat at least a part of an aerosol generating article ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1 comprises heater 10 configured to heat at least a part of cigarette 3 (aerosol generating article));
a memory ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1 comprises memory 115);
a user interface configured to output a notification to a user ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1 comprises interface 40; and [0058] The interface 140 may include various interfacing means for outputting visual information, input/output (I/O) interfacing means (for example, a button or a touch screen) for receiving information input by a user or outputting information to the user); and
a processor ([0059]-[0061], Fig. 3A; Aerosol generating apparatus 1 comprises controller 120; and [0052], The controller 120 is an integrated circuit implemented by using a processing unit such as a microprocessor) configured to:
when an accumulated heating number of the heater is greater than or equal to a threshold value ([0069], the controller 120 may accumulate and count the number of times the user smokes; and [0071], The controller 120 may determine whether the set smoking restriction conditions are satisfied, based on whether the number of times the user smokes during a preset threshold time period has reached a preset threshold number of times),
obtain data about a heating time of the heater and store the obtained data in the memory ([0067], Fig. 4; the controller 120 may count the completion of one-time smoking, while determining a time when one-time smoking is completed, based on the result of the sensing. The controller 120 may check a smoking time and count the number of times a user smokes, based on a power on/off signal of the aerosol generating apparatus 1 due to an input of a button of the interface 140. The memory 115 may store cumulative information about the smoking time points and the numbers of times a user smokes; and [0080], the controller 120 of the aerosol generating apparatus 1 may count the number of times the user smokes, by determining a start and an end of smoking according to various methods; and [0055], The memory 115 may store data about a smoking pattern of the user, such as a smoking time and the number of times of smoking. The smoking time indicates the heating time of the heater (start of a smoking session to its end)); and
output the notification through the user interface based on whether a preset condition regarding the data about the heating time is satisfied ([0071], The controller 120 of the aerosol generating apparatus 1 may determine whether the set smoking restriction conditions are satisfied, based on whether the number of times the user smokes during a preset threshold time period has reached a preset threshold number of times; and [0094], In the smoking restriction mode where the smoking restriction condition is satisfied, the interface 140 may provide a notification indicating that the smoking restriction mode has been activated, by using an interfacing means. The notification is output when the smoking restriction mode is activated; The smoking restriction mode is an indication that the heating time has expired (see [0072]); and therefore, a preset condition regarding the data about the heating time has been satisfied).
Regarding Claim 8, Lim teaches the aerosol generating device of claim 1, wherein the processor is further configured to initialize the data about heating time of the heater stored in the memory based on a reference unit time ([0066], Fig. 4; Table 400 shows a result of monitoring (using the microprocessor of controller 120), for each day of the week, a smoking time and the number of times a user smokes while the user is using the aerosol generating apparatus 1 for one week; It is reasonably understood that the processor is configured to initialize the data about heating time of the heater stored in the memory based on a reference unit time (24 hours in a day, 60 minutes in an hour, 7 days in a week)).
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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2020/0154773 A1) as applied to Claim 1, in view of Tran (US 2023/0394949 A1).
Regarding Claim 2, Lim does not teach the aerosol generating device wherein the processor is further configured to, after obtaining the data about the heating time, set a flag value of first data, which is data about the accumulated heating number of the heater, as 1, and set a flag value of second data, which is data about whether the notification is output through the user interface, as 0.
Tran, directed to aerosol generating devices ([0003]-[0004]), teaches an aerosol generating device comprising a processor ([0039], Fig. 1; Aerosol provision device 20 includes device control circuitry (processor circuitry) 28),
wherein the processor is configured to set a flag value of first data as 1, and set a flag value of second data as 0 ([0072]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the processor to, after obtaining the data about the heating time, set a flag value of first data, which is data about the accumulated heating number of the heater, as 1, and set a flag value of second data, which is data about whether the notification is output through the user interface, as 0 similarly taught by Tran because Lim and Tran are directed to aerosol generating devices, Tran demonstrates that configuring a processor to flag two sets of data can have different flag values (0 and 1) is a common practice within the knowledge of one of ordinary skill in the art. As Lim provides two sets of data (e.g. data about the heating time, and data about the heating number), it would have been obvious to one of ordinary skill in the art to try setting a flag value of the data about the accumulated heating number of the heater as 1, and setting a flag value of data about whether the notification is output through the user interface as 0.
Allowable Subject Matter
Claims 4-7 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 prior art fails to teach or reasonably suggest all of the limitations in claim 4. Specifically, the prior art fails to teach or reasonably suggest “wherein the processor is further configured to, when the accumulated heating number of the heater is greater than or equal to the threshold value, calculate an average heating interval between an end of previous heating of the heater and a start of next heating of the heater, update a final heating time of the heater, and store the data about the heating time including the calculated average heating interval and the updated final heating time in the memory”.
Regarding Claim 4, The closest prior art is Bowen (US 2019/0158938 A1) and Goldstein (US 2018/0263288 A1).
Bowen, directed to aerosol generating devices ([0002], [0025]), teaches an aerosol generating device ([0033], Fig. 1; Vaporizer 100) comprising:
a heater ([0033]-[0035], Fig. 1; Vaporizer 100 comprises heater 118); and
a processor configured to: monitor a heating interval between an end of previous heating of the heater and a start of next heating of the heater ([0033]-[0035], Fig. 1; Vaporizer 100 comprises controller 105, which may include a processor; and [0138], A vaporizer and/or vaporizer system may include “session” control and/or session metering. Such monitoring and/or control can beneficially allow a user to adjust an amount of vaporizable material available over a certain time period or session, a total time allowed for using the vaporizer, a time period between vaporizer sessions, other consumption settings to meet the needs or goals of the user, and/or the like).
However, Bowen does not disclose the device wherein the processor is further configured to, when the accumulated heating number of the heater is greater than or equal to the threshold value, calculate an average heating interval between an end of previous heating of the heater and a start of next heating of the heater, update a final heating time of the heater, and store the data about the heating time including the calculated average heating interval and the updated final heating time in the memory. While Bowen discloses the monitoring a heating interval between an end of previous heating of the heater and a start of next heating of the heater, Bowen lacks the calculation of average heating interval or the updating of a final heating time of the heater. Therefore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the processor to, when the accumulated heating number of the heater is greater than or equal to the threshold value, calculate an average heating interval between an end of previous heating of the heater and a start of next heating of the heater, update a final heating time of the heater, and store the data about the heating time including the calculated average heating interval and the updated final heating time in the memory.
Goldstein, directed to aerosol generating devices ([0002]-[0005]), teaches an aerosol generating device ([0087], Fig. 1; Vaporizer 1) comprising:
a heater ([0087]-[0089], Fig. 4; Vaporizer 1 comprises heating element 8); and
a processor configured to: monitor the heating time and the heating interval between the start of a heating of the heater and the end of the heating of the heater; and calculate average statistics over the life of the device ([0090], Fig. 1; Vaporizer 1 comprises a circuit board, which functions as an internal computing processor 11; and [0139], the internal computing processor 11 may collect information relating to individual sessions, average values across sessions, and total statistics information as above; and [0029]-[0030], individual session statistics for each use session concerning the time of day when the system is used, the time length of each session; and average statistics throughout the life of the system concerning average rate of puffing during a use session, average time frequency of use per day).
However, Goldstein does not disclose the device wherein the processor is further configured to, when the accumulated heating number of the heater is greater than or equal to the threshold value, calculate an average heating interval between an end of previous heating of the heater and a start of next heating of the heater, update a final heating time of the heater, and store the data about the heating time including the calculated average heating interval and the updated final heating time in the memory. While Bowen discloses the calculation average statistics over the life of a device, Memari does not monitoring a heating interval between an end of previous heating of the heater and a start of next heating of the heater, or any subsequent steps or calculations based on the monitoring. Therefore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Bowen and Goldstein to meet the claimed limitations because the combination of the references would lack the processor configured to, when the accumulated heating number of the heater is greater than or equal to the threshold value, calculate an average heating interval between an end of previous heating of the heater and a start of next heating of the heater, update a final heating time of the heater, and store the data about the heating time including the calculated average heating interval and the updated final heating time in the memory. As such, claim 4 is indicated as containing allowable subject matter. Claims 5-7 are similarly indicated as containing allowable subject matter by virtue of their dependencies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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