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 .
This office action is a response to an amendment filed 12/29/2025.
Claims 1-20 are pending.
Claims 1, 11, and 12 are amended.
Response to Arguments and Examiner Comments
Applicant’s arguments, filed 12/29/2025, have been fully considered but are moot in view of the new grounds of rejection. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Rejections based on a newly cited reference(s) follow.
Applicant’s arguments dated 12/29/2025, state that claim 11 has been amended to similar to claim 1. However, claim 11 is amended to state “apply a preheat power to reach a preheat temperature after application of the preheat power,” whereas amended claim 10 recites “detect an airflow in the non-combustible aerosol-generating device after application of the preheat power.” Given Applicant’s arguments, it would seem claim 11 may have mistakenly amended an intended limitation, especially since the amended claim 11 is redundant.
Regarding Applicant’s request to hold Double Patenting rejection in abeyance, it is noted that while the Examiner would agree that the claims may change during the course of prosecution and would understand the benefit of abeyance, the policy of the USPTO, as provided in MPEP section 804 (1), is that Double Patenting rejections should not be held in abeyance. As such, for the record, the Examiner must state that double patenting rejections will not be held in abeyance during prosecution and must maintain said rejections when applicable until such time that a terminal disclaimer is filed, the claims are amended such that it is determined that double patenting (including obviousness type) is not applicable, or that the Examiner is otherwise persuaded the rejection is not applicable.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim the claims 1, 2, 7-13, 17-20 (as outlined below) of U.S. Patent No. 11,789,476 in view of US Patent Publication No. 2023/0397660 to Decker et al., (hereinafter Decker). This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
US Patent No. 11,789,476
1. A system for controlling a heater in a non-combustible aerosol-generating device, the system comprising:
a memory storing computer-readable instructions;
and
a controller configured to execute the computer-readable instructions to cause the non-combustible aerosol-generating device to,
apply a preheat power to reach a preheat temperature,
detect an airflow in the non-combustible aerosol-generating device after application of the preheat power, apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value,
and
apply a second power to the heater based on a subsequent preheat temperature and the detected airflow being below a second airflow threshold value, the application of the second power being after the application of the first power and the second airflow threshold value being less than the first airflow threshold value.
19. A system for controlling a heater in a non-combustible aerosol-generating device, the system comprising:
a memory storing computer-readable instructions;
and
a controller configured to execute the computer-readable instructions to cause the non-combustible aerosol-generating device to,
detect an airflow in the non-combustible aerosol-generating device, apply a first power to the heater when the detected airflow exceeds a first threshold value,
lower the first power while the detected airflow exceeds the first threshold value to reach a draw temperature,
apply a second power to the heater when the detected airflow is below a second threshold value, the application of the second power being after the lowering of the first power to reach the draw temperature, the second threshold value being less than the first threshold value,
and the second power being less than the first power,
and apply a third power to the heater after the application of the second power and when the detected airflow is below the second threshold value, the third power being greater than the second power.
The Patent claims does not explicitly state apply a preheat power to reach a preheat temperature; detect an airflow in an aerosol-generating device after application of a preheat power.
However, Decker from the same or similar field of heating aerosol devices, teaches apply a preheat power to reach a preheat temperature (Power applied to increase temperature in a preheat operating temperature, see p46, Decker); detect an airflow in an aerosol-generating device after application of a preheat power (A pre-heating, that involves a power application for temperature, can be performed prior to actual detection of an inhaling airflow, see p46, Decker).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the Patent claim and incorporating applying power to reach a preheat temperature and preheating prior to airflow sensing, as taught by Decker.
One of ordinary skill in the art would have been motivated to do this modification in order to better reach a temperature that will provide a desired operating temperature by applying power to a heater, and more quickly reach a desired operating temperature, while mitigating the need for larger power source and/or housing (see p46, Decker).
2. The system of claim 1, wherein the second power is less than the first power.
19… and the second power being less than the first power,
1. A system for controlling a heater in a non-combustible aerosol-generating device, the system comprising:
a memory storing computer-readable instructions;
and
a controller configured to execute the computer-readable instructions to cause the non-combustible aerosol-generating device to,
apply a preheat power to reach a preheat temperature,
detect an airflow in the non-combustible aerosol-generating device after application of the preheat power, apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value,
and
apply a second power to the heater based on a subsequent preheat temperature and the detected airflow being below a second airflow threshold value, the application of the second power being after the application of the first power and the second airflow threshold value being less than the first airflow threshold value.
20. A system for controlling a heater in a non-combustible aerosol-generating device, the system comprising:
a memory storing computer-readable instructions;
and
a controller configured to execute the computer-readable instructions to cause the non-combustible aerosol-generating device to,
apply a preheat power to reach a preheat temperature,
detect an airflow in the non-combustible aerosol-generating device, apply a first power to the heater when the detected airflow exceeds a first threshold value, the first power being less than the preheat power, increase the first power to a draw temperature while the detected airflow exceeds the first threshold value to reach a draw temperature, the draw temperature being less than the preheat temperature,
and
apply a second power to the heater when the detected airflow is below a second threshold value, the application of the second power being after the increasing of the first power to reach the draw temperature, the second threshold value being less than the first threshold value, and the second power being greater than the increased first power.
The Patent claims does not explicitly state detect an airflow in an aerosol-generating device after application of a preheat power.
However, Decker from the same or similar field of heating aerosol devices, teaches detect an airflow in an aerosol-generating device after application of a preheat power (A pre-heating, that involves a power application for temperature, can be performed prior to actual detection of an inhaling airflow, see p46, Decker).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the Patent claim and incorporating applying power to reach a preheat temperature and preheating prior to airflow sensing, as taught by Decker.
One of ordinary skill in the art would have been motivated to do this modification in order to better reach a temperature that will provide a desired operating temperature by applying power to a heater, and more quickly reach a desired operating temperature, while mitigating the need for larger power source and/or housing (see p46, Decker).
1. A system for controlling a heater in a non-combustible aerosol-generating device, the system comprising:
a memory storing computer-readable instructions;
and
a controller configured to execute the computer-readable instructions to cause the non-combustible aerosol-generating device to,
apply a preheat power to reach a preheat temperature,
detect an airflow in the non-combustible aerosol-generating device after application of the preheat power, apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value,
and
apply a second power to the heater based on a subsequent preheat temperature and the detected airflow being below a second airflow threshold value, the application of the second power being after the application of the first power and the second airflow threshold value being less than the first airflow threshold value.
1. A system for controlling a heater in a non-combustible aerosol-generating device, the system comprising:
a memory storing computer-readable instructions;
and
a controller configured to execute the computer-readable instructions to cause the non-combustible aerosol-generating device to,
detect an airflow in the non-combustible aerosol-generating device, apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value,
apply a second power to the heater based on a preheat temperature and the detected airflow being below a second airflow threshold value, the application of the second power being after the application of the first power and the second airflow threshold value being less than the first airflow threshold value,
and
apply a third power to the heater based on the preheat temperature and the detected airflow being below the second airflow threshold value, the application of the third power being after the application of the second power, the third power being greater than the second power.
The Patent claims does not explicitly state apply a preheat power to reach a preheat temperature; detect an airflow in an aerosol-generating device after application of a preheat power.
However, Decker from the same or similar field of heating aerosol devices, teaches apply a preheat power to reach a preheat temperature (Power applied to increase temperature in a preheat operating temperature, see p46, Decker); detect an airflow in an aerosol-generating device after application of a preheat power (A pre-heating, that involves a power application for temperature, can be performed prior to actual detection of an inhaling airflow, see p46, Decker).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the Patent claim and incorporating applying power to reach a preheat temperature and preheating prior to airflow sensing, as taught by Decker.
One of ordinary skill in the art would have been motivated to do this modification in order to better reach a temperature that will provide a desired operating temperature by applying power to a heater, and more quickly reach a desired operating temperature, while mitigating the need for larger power source and/or housing (see p46, Decker).
3. The system of claim 1, wherein the controller includes, a proportional-integral-derivative (PID) controller, wherein the controller is configured to cause the non-combustible aerosol-generating device to change at least one of a proportional term, an integral term and a derivative term of the PID controller based on the detected airflow.
7. The system of claim 1, wherein the controller includes, a proportional-integral-derivative (PID) controller, wherein the controller is configured to cause the non-combustible aerosol-generating device to change at least one of a proportional term, an integral term and a derivative term of the PID controller based on the detected airflow.
4. The system of claim 3, wherein the controller is configured to cause the non-combustible aerosol-generating device to increase the proportional term when the detected airflow is greater than the first airflow threshold value and decrease the proportional term when the detected airflow is less than the second airflow threshold value.
8. The system of claim 7, wherein the controller is configured to cause the non-combustible aerosol-generating device to increase the proportional term when the detected airflow is greater than the first airflow threshold value and decrease the proportional term when the detected airflow is less than the second airflow first threshold value.
5. The system of claim 1, further comprising: a sensor configured to detect the airflow and output a signal to the controller, the signal being representative of a magnitude of the airflow.
9. The system of claim 1, further comprising: a sensor configured to detect the airflow and output a signal to the controller, the signal being representative of a magnitude of the airflow.
6. The system of claim 1, wherein the preheat temperature is less than 400° C.
10. The system of claim 1, wherein the preheat temperature is less than 400° C.
7. The system of claim 1, wherein the preheat temperature is 320° C.
11. The system of claim 10, wherein the preheat temperature is 320° C.
8. The system of claim 1, wherein the preheat temperature is 300° C.
12. The system of claim 10, wherein the preheat temperature is 300° C.
9. The system of claim 1, wherein the preheat power is a set maximum power.
13. The system of claim 1, wherein the first power is a set maximum power.
10. The system of claim 1, wherein the applying the preheat power to reach the preheat temperature comprises: applying a first preheat power to reach the preheat temperature; reducing the first preheat power as the heater approaches the preheat temperature; and applying a second preheat power when the heater reaches the preheat temperature, the second preheat power being less than the first preheat power.
2. The system of claim 1, wherein the controller is configured to cause the non-combustible aerosol-generating device to, determine a heating temperature; reduce the first power based on the heating temperature and a draw temperature; and apply the second power based on the draw temperature and the preheat temperature.
11. A non-combustible aerosol-generating system, the system comprising:
a heater; and circuitry configured to cause the non-combustible aerosol-generating system to,
apply a preheat power to reach a preheat temperature after application of the preheat power, detect an airflow in the non-combustible aerosol-generating system, apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value,
and apply a second power to the heater based on a subsequent preheat temperature and the detected airflow being below a second airflow threshold value, the application of the second power being after the application of the first power and the second airflow threshold value being less than the first airflow threshold value.
19. A system for controlling a heater in a non-combustible aerosol-generating device, the system comprising: a memory storing computer-readable instructions; and a controller configured to execute the computer-readable instructions to cause the non-combustible aerosol-generating device to,
detect an airflow in the non-combustible aerosol-generating device, apply a first power to the heater when the detected airflow exceeds a first threshold value, lower the first power while the detected airflow exceeds the first threshold value to reach a draw temperature,
apply a second power to the heater when the detected airflow is below a second threshold value, the application of the second power being after the lowering of the first power to reach the draw temperature, the second threshold value being less than the first threshold value,
and the second power being less than the first power,
and apply a third power to the heater after the application of the second power and when the detected airflow is below the second threshold value, the third power being greater than the second power.
The Patent claims does not explicitly state apply a preheat power to reach a preheat temperature; detect an airflow in an aerosol-generating device after application of a preheat power.
However, Decker from the same or similar field of heating aerosol devices, teaches apply a preheat power to reach a preheat temperature (Power applied to increase temperature in a preheat operating temperature, see p46, Decker); detect an airflow in an aerosol-generating device after application of a preheat power (A pre-heating, that involves a power application for temperature, can be performed prior to actual detection of an inhaling airflow, see p46, Decker).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the Patent claim and incorporating applying power to reach a preheat temperature and preheating prior to airflow sensing, as taught by Decker.
One of ordinary skill in the art would have been motivated to do this modification in order to better reach a temperature that will provide a desired operating temperature by applying power to a heater, and more quickly reach a desired operating temperature, while mitigating the need for larger power source and/or housing (see p46, Decker).
11. A non-combustible aerosol-generating system, the system comprising:
a heater;
and circuitry configured to cause the non-combustible aerosol-generating system to,
apply a preheat power to reach a preheat temperature after application of the preheat power,
detect an airflow in the non-combustible aerosol-generating system after application of the preheat power, apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value, and apply a second power to the heater based on a subsequent preheat temperature and the detected airflow being below a second airflow threshold value, the application of the second power being after the application of the first power
and the second airflow threshold value being less than the first airflow threshold value.
17. A non-combustible aerosol-generating system, the system comprising:
a heater;
and circuitry configured to cause the non-combustible aerosol-generating device to,
detect an airflow in the non-combustible aerosol-generating device, apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value, apply a second power to the heater based on a preheat temperature and the detected airflow being below a second airflow threshold value, the application of the second power being after the application of the first power,
and apply a third power to the heater based on the preheat temperature and the detected airflow being below the second airflow threshold value, the application of the third power being after the application of the second power, the third power being greater than the second power.
The Patent claims does not explicitly state apply a preheat power to reach a preheat temperature; detect an airflow in an aerosol-generating device after application of a preheat power.
However, Decker from the same or similar field of heating aerosol devices, teaches apply a preheat power to reach a preheat temperature (Power applied to increase temperature in a preheat operating temperature, see p46, Decker); detect an airflow in an aerosol-generating device after application of a preheat power (A pre-heating, that involves a power application for temperature, can be performed prior to actual detection of an inhaling airflow, see p46, Decker).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the Patent claim and incorporating applying power to reach a preheat temperature and preheating prior to airflow sensing, as taught by Decker.
One of ordinary skill in the art would have been motivated to do this modification in order to better reach a temperature that will provide a desired operating temperature by applying power to a heater, and more quickly reach a desired operating temperature, while mitigating the need for larger power source and/or housing (see p46, Decker).
12. The non-combustible aerosol-generating system of claim 11, the system further comprising: a removable capsule including the heater, wherein the removable capsule is configured to direct the airflow along a longitudinal axis of the capsule.
18. The non-combustible aerosol-generating system of claim 17, the system comprising: a removable capsule including the heater, wherein the removable capsule is configured to direct the airflow along a longitudinal axis of the capsule.
11. A non-combustible aerosol-generating system, the system comprising: a heater; and circuitry configured to cause the non-combustible aerosol-generating system to, apply a preheat power to reach a preheat temperature after application of the preheat power, detect an airflow in the non-combustible aerosol-generating system after application of the preheat power, apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value, and apply a second power to the heater based on a subsequent preheat temperature and the detected airflow being below a second airflow threshold value, the application of the second power being after the application of the first power and the second airflow threshold value being less than the first airflow threshold value.
1. A system for controlling a heater in a non-combustible aerosol-generating device, the system comprising: a memory storing computer-readable instructions; and a controller configured to execute the computer-readable instructions to cause the non-combustible aerosol-generating device to, detect an airflow in the non-combustible aerosol-generating device, apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value, apply a second power to the heater based on a preheat temperature and the detected airflow being below a second airflow threshold value, the application of the second power being after the application of the first power and the second airflow threshold value being less than the first airflow threshold value, and apply a third power to the heater based on the preheat temperature and the detected airflow being below the second airflow threshold value, the application of the third power being after the application of the second power, the third power being greater than the second power.
The Patent claims does not explicitly state apply a preheat power to reach a preheat temperature; detect an airflow in an aerosol-generating device after application of a preheat power.
However, Decker from the same or similar field of heating aerosol devices, teaches apply a preheat power to reach a preheat temperature (Power applied to increase temperature in a preheat operating temperature, see p46, Decker); detect an airflow in an aerosol-generating device after application of a preheat power (A pre-heating, that involves a power application for temperature, can be performed prior to actual detection of an inhaling airflow, see p46, Decker).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the Patent claim and incorporating applying power to reach a preheat temperature and preheating prior to airflow sensing, as taught by Decker.
One of ordinary skill in the art would have been motivated to do this modification in order to better reach a temperature that will provide a desired operating temperature by applying power to a heater, and more quickly reach a desired operating temperature, while mitigating the need for larger power source and/or housing (see p46, Decker).
13. The non-combustible aerosol-generating system of claim 11, wherein the circuitry includes, a proportional-integral-derivative (PID) controller, wherein the circuitry is configured to cause the non-combustible aerosol-generating system to change at least one of a proportional term, an integral term and a derivative term of the PID controller based on the detected airflow, wherein the circuitry is configured to cause the non-combustible aerosol-generating system to increase the proportional term when the detected airflow is greater than the first airflow threshold value and decrease the proportional term when the detected airflow is less than the second airflow threshold value.
7. The system of claim 1, wherein the controller includes, a proportional-integral-derivative (PID) controller, wherein the controller is configured to cause the non-combustible aerosol-generating device to change at least one of a proportional term, an integral term and a derivative term of the PID controller based on the detected airflow.
8. The system of claim 7, wherein the controller is configured to cause the non-combustible aerosol-generating device to increase the proportional term when the detected airflow is greater than the first airflow threshold value and decrease the proportional term when the detected airflow is less than the second airflow first threshold value.
14. The non-combustible aerosol-generating system of claim 11, wherein the second power is less than the first power.
6. The system of claim 5, wherein the first power is less than the second power.
15. The non-combustible aerosol-generating system of claim 11, further comprising: a sensor configured to detect the airflow and output a signal to the circuitry, the signal being representative of a magnitude of the airflow.
9. The system of claim 1, further comprising: a sensor configured to detect the airflow and output a signal to the controller, the signal being representative of a magnitude of the airflow.
16. The non-combustible aerosol-generating system of claim 11, wherein the preheat temperature is less than 400° C.
10. The system of claim 1, wherein the preheat temperature is less than 400° C.
17. The non-combustible aerosol-generating system of claim 11, wherein the preheat temperature is 320° C.
11. The system of claim 10, wherein the preheat temperature is 320° C.
18. The non-combustible aerosol-generating system of claim 11, wherein the preheat temperature is 300° C.
12. The system of claim 10, wherein the preheat temperature is 300° C.
19. The non-combustible aerosol-generating system of claim 11, wherein the preheat power is a set maximum power.
13. The system of claim 1, wherein the first power is a set maximum power.
20. The non-combustible aerosol-generating system of claim 11, wherein the applying the preheat power to reach the preheat temperature comprises: applying a first preheat power to reach the preheat temperature; reducing the first preheat power as the heater approaches the preheat temperature; and applying a second preheat power when the heater reaches the preheat temperature, the second preheat power being less than the first preheat power.
2. The system of claim 1, wherein the controller is configured to cause the non-combustible aerosol-generating device to, determine a heating temperature; reduce the first power based on the heating temperature and a draw temperature; and apply the second power based on the draw temperature and the preheat temperature.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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, 2, 5, 6, 9-11, 14-16, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication No. 2015/0313284 to Liu (hereinafter Liu), in view of US Patent Publication No. 2020/0221779 to Fu (hereinafter Fu), and in further view of US Patent Publication No. 2023/0397660 to Decker et al., (hereinafter Decker)
Regarding claim 1, Liu teaches a system for controlling a heater in a non-combustible aerosol-generating device (Electronic smoke apparatus with heater, see abs., Liu), the system comprising: a controller configured to execute the computer-readable instructions to cause the non-combustible aerosol-generating device (Processor for executing control, see p26, Fig. 1C, Liu) to, apply a preheat power to reach a preheat temperature (A boost power is provided at the onset of operation and corresponds to a temperature that is interpreted as a pre-heat temperature, see p57, Fig. 10B, Fig. A, Liu), detect an airflow in the non-combustible aerosol-generating device (Airflow sensor detecting levels of airflow, see p26, 32, Liu ), apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value (Air flow detected above a level, prompts power to be supplied to a heater, such as above an S2 threshold corresponding to airflow, see Fig. 10C, Fig. 10B, Fig. 10A, Table 2, P57, p26, 32, Liu ), and apply a second power to the heater based on a subsequent preheat temperature and the detected airflow being below a second airflow threshold value (Another power (i.e. second power, for example null power) is applied subsequent to a second initial boost power of a subsequent inhaling airflow, when sensor correlated to a airflow is below a threshold, such as S1, see Fig. 10B, Fig. 10C, Fig. 10A, Table 2, P57, p26, 32, Liu), the application of the second power being after the application of the first power and the second airflow threshold value being less than the first airflow threshold value (Another power (i.e. second power) is after an initial boost (i.e. first) initial boost power, and S1 threshold less than S2, see Fig. 10B, Fig. 10C, Fig. 10A, Table 2, P57, p26, 32, Liu).
Liu does not explicitly teach a memory storing computer-readable instructions;
However, Fu from the same or similar field of heating aerosol devices, teaches a memory storing computer-readable instructions (Memory with instructions, see p16, 57, Fu).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by Liu and incorporating a memory storing instructions, as taught by Fu.
One of ordinary skill in the art would have been motivated to do this modification in order to better maintain access to program that can be executed by a processor so as to provide desired control (see p16, 57, Fu).
Liu does not explicitly teach detect an airflow in an aerosol-generating device after application of a preheat power;
However, Decker from the same or similar field of heating vaping devices, teaches detect an airflow in an aerosol-generating device after application of a preheat power (A pre-heating, that involves a power application for temperature, can be performed prior to actual detection of an inhaling airflow, see p46, Decker).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the combination that includes Liu and incorporating preheating prior to airflow sensing, as taught by Decker.
One of ordinary skill in the art would have been motivated to do this modification in order to more quickly reach a desired operating temperature, while mitigating the need for larger power source and/or housing (see p46, Decker).
Regarding claim 2, the combination of Liu, Fu, and Decker teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu further teaches wherein a second power is less than a first power (A second power, such as null power at below S1, is less than a first power, such as 2.5W above S2, see Fig. 10B, Liu).
Regarding claim 5, the combination of Liu, Fu, and Decker teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu further teaches further comprising: a sensor configured to detect an airflow and output a signal to a controller, the signal being representative of a magnitude of the airflow (Sensor detection corresponding to magnitude (i.e. inhale power) and used by a controller, see p57, P26, 32, p54, 17-18, Liu).
Regarding claim 6, the combination of Liu, Fu, and Decker teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu further teaches wherein a preheat temperature is less than 400° C. (Temperature less than 400C, see p42, p36, Liu)
Regarding claim 9, the combination of Liu, Fu, and Decker teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu further teaches wherein a preheat power is a set maximum power (An initial boosted heat temperature is at a maximum power of a sequence, see Fig. 10B, Fig. 10A, Fig. 10C, p57, Liu ).
Regarding claim 10, the combination of Liu, Fu, and Decker teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu further teaches wherein applying a preheat power to reach a preheat temperature comprises: applying a first preheat power to reach the preheat temperature (Initial boost power above 3W, see Fig. 10B, A, C, Liu); reducing the first preheat power as the heater approaches the preheat temperature (Power reduced to 1.5, see Fig. 10B, A, C, Liu); and applying a second preheat power when the heater reaches the preheat temperature, the second preheat power being less than the first preheat power (Power applied to 2.5W, and a less than initial power boost, see Fig. 10B, A, C, Liu).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, in view of Fu, in further view of Decker, and in further view of US Patent Publication No. 2019/0059448 to Talon (hereinafter Talon)
Regarding claim 3, the combination of Liu, Fu, and Decker teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu does not explicitly teach wherein a controller includes, a proportional-integral-derivative (PID) controller, wherein the controller is configured to cause a non-combustible aerosol-generating device to change at least one of a proportional term, an integral term and a derivative term of the PID controller based on a detected airflow.
However, Talon from the same or similar field of heating aerosol devices, teaches wherein a controller includes, a proportional-integral-derivative (PID) controller, wherein the controller is configured to cause a non-combustible aerosol-generating device to change at least one of a proportional term, an integral term and a derivative term of the PID controller based on a detected airflow (Controller employing PID control technique for regulating temperature, see P70, Talon).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the combination including Liu and incorporating PID and PID parameter adjustments, as taught by Talon.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide a known control technique that provides stability, accuracy, versatility and cost effectiveness and performs control by varying its constituent parameters to meet a desired response (see P70, Talon).
Regarding claim 4, the combination of Liu, Fu, Decker, and Talon teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu further teaches wherein a controller is configured to cause a non-combustible aerosol-generating device to increase a term when a detected airflow is greater than a first airflow threshold value and decrease a term when a detected airflow is less than a second airflow threshold value (Power increased on detected increase of airflow corresponding to inhale power threshold above a first threshold such as S2, and power term decreased on airflow below a threshold, such as S1, see Fig. 10B, C, A, Liu ).
Talon further teaches a proportional term and adjustment (Controller employing PID control technique for regulating temperature, thus adjusting parameter, see P70, Talon).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the combination including Liu and incorporating PID and PID parameter adjustments, as taught by Talon.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide a known control technique that provides stability, accuracy, versatility and cost effectiveness and performs control by varying its constituent parameters to meet a desired response (see P70, Talon).
Claims 7, 8, 12, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, in view of Fu, in further view of Decker, and in further view of US Patent No. 11,641,879 to Lim et al., (hereinafter Lim)
Regarding claim 7, the combination of Liu, Fu, and Decker teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu does not explicitly teach wherein a preheat temperature is 320° C.
However, Lim from the same or similar field of heating aerosol devices, teaches wherein a preheat temperature is 320° C. (An initial temperature can be 320C, see C4 L45-49, C9 L35-49, Lim).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the combination including Liu and incorporating consideration of a specified temperature, as taught by Lim.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide a designed temperature for a device to achieve a desired depending on the type and design of the device and substances considered so as to provide a desired experience (see C9 L35-49, Lim).
Regarding claim 8, the combination of Liu, Fu, and Decker teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu does not explicitly teach wherein a preheat temperature is 300° C
However, Lim from the same or similar field of heating aerosol devices, teaches wherein a preheat temperature is 300° C. (An initial temperature can be 300C, see C4 L45-49, C9 L35-49, Lim).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the combination including Liu and incorporating consideration of a specified temperature, as taught by Lim.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide a designed temperature for a device to achieve a desired depending on the type and design of the device and substances considered so as to provide a desired experience (see C9 L35-49, Lim).
Claims 11, 14-16, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, in view of Decker.
Regarding claim 11, Liu teaches a non-combustible aerosol-generating system (Electronic smoke apparatus with heater, see abs., Liu), the system comprising: a heater (A heater, see abs., Liu); and circuitry (Processor for executing control, see p26, Fig. 1C, Liu) configured to cause the non-combustible aerosol-generating system to, apply a preheat power to reach a preheat temperature after application of the preheat power (A boost power is provided at the onset of operation and corresponds to a temperature that is interpreted as a pre-heat temperature, and the temperature is uncreased after applying boot power, see p57, Fig. 10B, Fig. A, Liu), detect an airflow in the non-combustible aerosol-generating system (Airflow sensor detecting levels of airflow, see p26, 32, Liu ), apply a first power to the heater based on the detected airflow exceeding a first airflow threshold value (Air flow detected above a level, prompts power to be supplied to a heater, such as above an S2 threshold corresponding to airflow, see Fig. 10C, Fig. 10B, Fig. 10A, Table 2, P57, p26, 32, Liu ), and apply a second power to the heater based on a subsequent preheat temperature and the detected airflow being below a second airflow threshold value (Another power (i.e. second power, for example null power) is applied subsequent to a second initial boost power of a subsequent inhaling airflow, when sensor correlated to a airflow is below a threshold, such as S1, see Fig. 10B, Fig. 10C, Fig. 10A, Table 2, P57, p26, 32, Liu), the application of the second power being after the application of the first power and the second airflow threshold value being less than the first airflow threshold value (Another power (i.e. second power) is after an initial boost (i.e. first) initial boost power, and S1 threshold less than S2, see Fig. 10B, Fig. 10C, Fig. 10A, Table 2, P57, p26, 32, Liu).
While claim 11 as amended is taught by as noted above, Liu does not explicitly teach what appears to be the intended limitation of the arguments of: detect an airflow in an aerosol-generating system after application of a preheat power;
However, Decker from the same or similar field of heating vaping devices, teaches detect an airflow in an aerosol-generating device after application of a preheat power (A pre-heating, that involves a power application for temperature, can be performed prior to actual detection of an inhaling airflow, see p46, Decker).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the combination that includes Liu and incorporating preheating prior to airflow sensing, as taught by Decker.
One of ordinary skill in the art would have been motivated to do this modification in order to more quickly reach a desired operating temperature, while mitigating the need for larger power source and/or housing (see p46, Decker).
Claim 14 is rejected on the same grounds as claim 2.
Claim 15 is rejected on the same grounds as claim 5.
Claim 16 is rejected on the same grounds as claim 6.
Claim 19 is rejected on the same grounds as claim 9.
Claim 20 is rejected on the same grounds as claim 10.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Liu, in view of Decker, and in further view of Talon.
Claim 13 is rejected on the same grounds as claims 3 and 4.
Claims 12, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, in view of Decker, and in further view of Lim.
Regarding claim 12, the combination of Liu, Fu, and Decker teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Liu does not explicitly teach a system further comprising: a removable capsule including a heater, wherein a removable capsule is configured to direct airflow along a longitudinal axis of the capsule.
However, Lim from the same or similar field of heating aerosol devices, teaches a system further comprising: a removable capsule including a heater, wherein a removable capsule is configured to direct airflow along a longitudinal axis of the removable capsule (A capsule, such as 3100 that contains a heater 3130, is removable from a system such as 3200, and wherein airflow passes through 3100, see Fig. 7A, Fig. 6, Fig. 10, C18 L1-13, Lim).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the heating aerosol device as described by the combination including Liu and incorporating a removable capsule, as taught by Lim.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide extra benefits, such as additional battery and holder for a device (see Fig. 10, C15 L5-19, Lim)
Claim 17 is rejected on the same grounds as claim 7.
Claim 18 is rejected on the same grounds as claim 8.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cho et al., US. Patent Publication No. 2022/0125124 teaches an aerosol generating device with puff sensor and a preheating mode activated by user input .
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILIO J SAAVEDRA whose telephone number is (571)270-5617. The examiner can normally be reached M-F: 9:30am-5:30pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert E Fennema can be reached at (571) 272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILIO J SAAVEDRA/Primary Patent Examiner, Art Unit 2117