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 currently pending and are subject to this office action. Claims 1, 3, 8, 11, 13 and 15 are amended. This office action is in response to Applicant’s amendment filed on 08/13/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 08/13/2026 containing amendments and remarks to the claims.
In response to Applicant’s amendment filed 08/13/2026, the Examiner withdraws the objection to the specification for minor informalities.
Response to Arguments
Applicant’s arguments, on pages 7-10, filed 08/13/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant has amended claim 1 to include limitations of claims 3 and 8. The Applicant argues that Lim does not analyze temperature data to identify a cigarette type and does not disclose or suggest calculating any gradient value. Further, Raichman's detection of a static temperature value remains relatively constant and does not identify a cigarette type based on a gradient value corresponding to a trend in temperature change.
The Examiner respectfully disagrees. Lim teaches a profile selector configured to identify a type of cigarette inserted into an aerosol generating device and select a corresponding temperature profile for generating aerosol [0039]. Raichman further teaches control circuitry configured to identify different capsule types based on detected temperature behavior during heating [0069]. More specifically, Raichman discloses that the temperature of a capsule increases during heating, remains relatively constant for a period of time during a phase change, and subsequently continues increasing [0069]. In order to recognize the relatively constant temperature condition, the controller must evaluate the temperature over time, distinguishing the increasing temperature condition from the constant temperature condition, corresponding to a change in the temperature gradient.
Raichman further explains comparing temperature against heating time in which the control circuitry detects a temporary pause in temperature increase and uses the characteristic temperature associated with the pause to classify the capsule type [0129-0132], further elaborating on Raichman's temperature based capsule identification technique. A temperature gradient represents a rate of temperature change over time. Accordingly, the transition from increasing temperature to constant temperature, as taught by Raichman, represents a corresponding change in the temperature gradient. Specifically, a relatively constant temperature corresponds to a gradient approaching zero and an increasing temperature corresponds to a positive gradient. In view of these teachings, one of ordinary skill in the art would have recognized that a gradient value provides a way for characterizing the temperature change trend already used in Raichman's capsule identification process. Evaluating the rate of temperature change would allow the controller to identify the phase change condition used in identifying the capsule type. As stated in the previous action, one of ordinary skill in the art would have been motivated to apply the temperature based capsule identification teachings of Raichman to the cigarette identification controller of Lim to identify different smokable materials and select corresponding heating profiles to improve the quality and quantity of aerosol received by a user [0123].
The following are modified rejections based on Applicant’s amendments to the claims.
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.
Claims 1, 3, 6, 8, 9, 11, 13, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 20200305512 A1), and further in view of Raichman (WO 2019005526 A1).
With regard to Claim 1, Lim, directed to a method for controlling temperature of a heater, teaches (i) a heater configured to heat a cigarette and generate aerosol when the cigarette is inserted [0051]. (ii) The device may include a temperature detecting sensor [0069]. (iii) The device furthers includes a profile selector for identifying the type of cigarette inserted and selects a temperature profile corresponding to the identified cigarette for the heater to generate aerosol [0039]. Lim teaches all the limitations of the claims as set forth above, however Lim is silent to:
Generate an aerosol during a preheating section and a smoking section after the preheating section.
The temperature sensor configured to sense a temperature of the heater assembly in the preheating section and the smoking section.
Identify a cigarette type based on a gradient value corresponding to a trend in a temperature change detected within a preset temperature range of the preheating section.
Wherein the cigarette type is distinguished according to a type of a tobacco medium element in the cigarette
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Raichman, directed to vaporizing devices and methods, teaches (i) a pre-heating step or first heating stage that may heat plant material of a capsule [0113], followed by a second heating stage [0149]. (ii) A vaporizing unit (Fig. 1: #21) include a temperature sensor (Fig. 7: #35) configured to measure a temperature of the material being heated, for example by measuring the temperature of the capsule in real time changes in temperature [0086]. (iii) Control circuitry may be configured to identify the capsule type based on measured temperatures ranges associated with each type of capsule, during phase changes of the capsule [0069].
The control circuitry detects a temporary pause in temperature increase and uses the characteristic temperature associated with the pause to classify the capsule type [0129-0132]. One of ordinary skill in the art would recognize that detecting the transition from increasing temperature to relatively constant temperature involves evaluating a temperature change trend (iv) Raichman teaches wherein different capsule types may be determined based on a phase change temperature [0069]. The phase-change material applied to the capsule may be selected to provide a temperature associated with plant material [0057], wherein the plant material may be tobacco [0054]. One of ordinary skill in the art would be motivated to apply the pre-heating and temperature based techniques of Raichman to the device of Lim to improve the quality and quantity of smoke received by a user [0123]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of Lim to generate an aerosol during a preheating section and a smoking section after the preheating section, the temperature sensor configured to sense a temperature of the heater assembly in the preheating section and the smoking section, and identify a cigarette type based on a gradient value corresponding to a trend in a temperature change detected within a preset temperature range of the preheating section; and wherein the cigarette type is distinguished according to a type of a tobacco medium because both Lim and Raichman are directed to identifying types of smoking material for aerosol generation. Raichman teaches a pre-heating step and temperature based cigarette identification to improve the quality and quantity of smoke received by a user [0123] and this merely involves the use of a known heating technique to improve similar aerosol generation devices in the same way.
With regard to Claim 3, Lim teaches a profile selector for identifying the type of cigarette inserted into a device and selects a temperature profile corresponding to the cigarette for the generation of aerosol [0039]. Modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Identify the cigarette type by determining which of a plurality of gradient ranges, which are distinguished for each cigarette type, the gradient value corresponding to the trend the temperature change falls within
Raichman teaches wherein the control circuitry is configured to classify the capsule type in response to detecting a temperature from the capsule [0069]. Different types of capsules may be classified at different temperature levels, having a capsule heating profile [0069]. Further, the control circuitry detects a temporary pause in temperature increase and uses the characteristic temperature associated with the pause to classify the capsule type [0129-0132]. The transition from increasing temperature to constant temperature represents a corresponding change in the temperature gradient. One of ordinary skill in the art would have recognized that evaluating the temperature gradient provides a way to detect the condition used in Raichman's capsule identification process.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lim to identify the cigarette type by determining which of a plurality of gradient ranges, which are distinguished for each cigarette type, the gradient value corresponding to the trend in the temperature change falls within because both Lim and Raichman are directed to identifying different types of smokable material for improved heating. Raichman teaches wherein different temperatures are detected from a material and classified at different temperature levels to prevent overheating of the capsule and harm smokable material [0138] and this merely involves applying a known identification technique to a known controller, ready for improvement, to yield predictable results.
With regard to Claim 6, modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Wherein the controller is configured to determine a temperature profile corresponding to the identified cigarette before the temperature of the heater assembly reaches a target temperature preheating temperature of the preheating section.
Raichman teaches wherein the control circuitry is configured to classify the capsule type by its respective phase-change temperature [0069]. The control circuitry may detect a temperature level at which a temporary pause in the temperature increase occurs, in the preheating section [0113], to classify the capsule type and adjusts the heating profile accordingly [0130].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lim to wherein the controller is configured to determine a temperature profile corresponding to the identified cigarette before the temperature of the heater assembly reaches a target temperature preheating temperature of the preheating section because both Lim and Raichman are directed to identifying different types of smokable material for improved heating. Raichman teaches wherein the control circuitry may stop the heater temperature from increasing to classify the capsule type and adjust a heating profile before continuing to heat [0130] and this merely involves applying a known heating technique to a known controller, ready for improvement, to yield predictable results.
With regard to Claim 8, modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Wherein the trend in the temperature change is distinguished according to the type of tobacco medium element.
Raichman teaches wherein different capsule types may be determined based on a phase-change temperature [0069]. The phase-change material applied to the capsule may be selected to maintain provide a temperature associated with the plant material [0057], wherein the plant material may be tobacco [0054].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of modified Lim to wherein the trend in the temperature change is distinguished according to the type of tobacco medium element because both Lim and Raichman are directed to identifying types of inserted material for efficient aerosol generation. Raichman teaches wherein a phase-change temperature may be associated with the type of plant material inserted into the device to improve the quality of a generated aerosol for each type of cigarette [0069] and this merely involves applying a known material-based temperature control technique to a known aerosol generating device, ready for improvement, to yield predictable results.
With regard to Claim 9, Lim teaches wherein a power controller is configured to control power supplied from a battery to a heater based on a selected temperature profile after identifying a cigarette to generate aerosol [0039]. One of ordinary skill in the art would understand that the profile selector and power controller can be combined into one control circuitry component and it is simply a matter of design choice and would produce the same function (MPEP 2144.04(VI)).
With regard to Claim 11, Lim, directed to a method for controlling temperature of a heater, teaches (i) wherein a power controller controls the temperature of a heater, after insertion of a cigarette to generate aerosol [0039]. (ii) The device may include a temperature detecting sensor [0069]. (iii) A profile selector identifies the type of cigarette inserted and selects a temperature profile corresponding to the identified cigarette to communicate to the power controller [0039]. (vi) The power controller supplies power from a battery to the heater to generate aerosol based on the determined temperature profile [0039]. Lim teaches all the limitations of the claims as set forth above, however Lim is silent to:
Controlling preheating of a heater assembly in a preheating section
Sensing a temperature of the heater assembly within a preset temperature range of the preheating section.
Identify a cigarette type based on a gradient value corresponding to a trend in a temperature change detected within a preset temperature range of the preheating section.
Wherein the cigarette type is distinguished according to a type of a tobacco medium element in the cigarette
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Raichman, directed to vaporizing devices and methods, teaches (i) a pre-heating step or first heating stage that may heat plant material of a capsule is applied to a heating element [0113]. (ii) A vaporizing unit (Fig. 1: #21) include a temperature sensor (Fig. 7: #35) configured to measure a temperature of the material being heated, for example by measuring the temperature of the capsule in real time changes in temperature [0086], wherein measurements occur in the pre-heating section [0113]. (iii) Control circuitry may be configured to identify the capsule type based on measured temperatures ranges associated with each type of capsule, during phase changes of the capsule [0069]. The control circuitry detects a temporary pause in temperature increase and uses the characteristic temperature associated with the pause to classify the capsule type [0129-0132].
One of ordinary skill in the art would recognize that detecting the transition from increasing temperature to relatively constant temperature involves evaluating a temperature change trend (iv) Raichman teaches wherein different capsule types may be determined based on a phase change temperature [0069]. The phase-change material applied to the capsule may be selected to provide a temperature associated with plant material [0057], wherein the plant material may be tobacco [0054]. One of ordinary skill in the art would be motivated to apply the pre-heating and temperature based techniques of Raichman to the device of Lim to improve the quality and quantity of smoke received by a user [0123]. One of ordinary skill in the art would be motivated to apply the pre-heating and temperature based techniques of Raichman to the device of Lim to improve the quality and quantity of smoke received by a user [0123]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of Lim to generate an aerosol during a preheating section and a smoking section after the preheating section, the temperature sensor configured to sense a temperature of the heater assembly in the preheating section and the smoking section, and identify a cigarette type based on a gradient value corresponding to a trend in a temperature change detected within a preset temperature range of the preheating section, and wherein the cigarette type is distinguished according to a type of a tobacco medium element in the cigarette because both Lim and Raichman are directed to identifying types of smoking material for aerosol generation. Raichman teaches a pre-heating step and temperature based cigarette identification to improve the quality and quantity of smoke received by a user [0123] and this merely involves the use of a known heating technique to improve similar aerosol generation devices in the same way.
With regard to Claim 13, Lim teaches a profile selector for identifying the type of cigarette inserted into a device and selects a temperature profile corresponding to the cigarette for the generation of aerosol [0039]. Modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Wherein the identify comprises identifying the cigarette type by determining which of a plurality of gradient ranges, which are distinguished for each cigarette type, the gradient value corresponding to the trend the temperature change falls within.
Raichman teaches wherein the control circuitry is configured to classify the capsule type in response to detecting a temperature from the capsule [0069]. Different types of capsules may be classified at different temperature levels, each having a capsule heating profile [0069]. Further, the control circuitry detects a temporary pause in temperature increase and uses the characteristic temperature associated with the pause to classify the capsule type [0129-0132]. The transition from increasing temperature to constant temperature represents a corresponding change in the temperature gradient. One of ordinary skill in the art would have recognized that evaluating the temperature gradient provides a way to detect the condition used in Raichman's capsule identification process.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lim to identify the cigarette type by determining which of a plurality of gradient ranges, which are distinguished for each cigarette type, a gradient value corresponding to the trend in the temperature change falls within because both Lim and Raichman are directed to identifying different types of smokable material for improved heating. Raichman teaches wherein different temperatures are detected from a material and classified at different temperature levels to prevent overheating of the capsule and harm smokable material [0138] and this merely involves applying a known identification technique to a known controller, ready for improvement, to yield predictable results.
With regard to Claim 14, modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Determining a temperature profile corresponding to the identified cigarette before the temperature of the heater assembly reaches a target preheating temperature of the preheating section.
Raichman teaches wherein the control circuitry is configured to classify the capsule type by its respective phase-change temperature [0069]. The control circuitry may detect a temperature level at which a temporary pause in the temperature increase occurs, in the preheating section [0113], to classify the capsule type and adjusts the heating profile accordingly [0130].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lim to determine a temperature profile corresponding to the identified cigarette before the temperature of the heater assembly reaches a target temperature preheating temperature of the preheating section because both Lim and Raichman are directed to identifying different types of smokable material for improved heating. Raichman teaches wherein the control circuitry may stop the heater temperature from increasing to classify the capsule type and adjust a heating profile before continuing to heat [0130] and this merely involves applying a known heating technique to a known controller, ready for improvement, to yield predictable results.
With regard to Claim 15, Lim teaches wherein (i) the device is configured to detect types of multiple cigarettes, corresponding to the first, second, and third type-cigarettes of the claimed invention. (ii) Lim further teaches wherein the cigarettes may comprise a tobacco rod manufactured in various forms, such as strand or sheet tobacco [0080]. Modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
The trend in the temperature change is distinguished according to the type of the tobacco medium element.
When the gradient value corresponding to the trend in the temperature change falls within a first gradient range, the cigarette is identified as the first-type cigarette; when the gradient value corresponding to the trend in the temperature change falls within a second gradient range, the cigarette is identified as the second-type cigarette; when the gradient value corresponding to the trend in the temperature change falls within a third gradient range, the cigarette is identified as the third-type cigarette.
The third gradient range comprises a plurality of gradient values less than those in the second gradient range, and the second gradient range comprises a plurality of gradient values less than those in the first gradient range.
Raichman teaches wherein (i) a capsule type may be determined based on a phase-change temperature [0069]. The phase-change material applied to the capsule may be selected to maintain below a temperature associated with the plant material [0057], wherein the plant material may be different forms of tobacco [0054]. (II) The control circuitry may be configured to classify temperatures of approximately 60 degrees Celsius, 65 degrees Celsius, 70 degrees Celsius, 70 degrees Celsius, and 80 degrees Celsius to classify five different types of capsules [0069]). Different types of capsules may be classified at different temperature levels, and based on the temperature levels, each capsule type will form a separate heating profile [0069]. (iii) One of ordinary skill in the art would have understood that different tobacco forms exhibit different thermal responses during heating, and gradient ranges used for classification would be arranged according to each form's different temperature behaviors, including having greater or lesser gradient values relative to each other.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of Lim to wherein the trend in the temperature change is distinguished according to the type of the tobacco medium element, wherein
when the gradient value corresponding to the trend in the temperature change falls within a first gradient range, the cigarette is identified as the first-type cigarette; when the gradient value corresponding to the trend in the temperature change falls within a second gradient range, the cigarette is identified as the second-type cigarette; when the gradient value corresponding to the trend in the temperature change falls within a third gradient range, the cigarette is identified as the third-type cigarette; the third gradient range comprises a plurality of gradient values less than those in the second gradient range, and the second gradient range comprises a plurality of gradient values less than those in the first gradient range because both Lim and Raichman are directed to identifying types of smoking material for aerosol generation. Raichman teaches multiple classifications corresponding to different forms and temperature levels of smoking material to improve the quality of a generated aerosol for each type of cigarette [0069] and this merely involves applying a known classification technique to a known controller of an aerosol generating device, ready for improvement, to yield predictable results.
Claims 2, 7, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 20200305512 A1) and Raichman (WO 2019005526 A1), as applied to claims 1 and 11 above, and further in view of Blackmon (US 20220225685 A1).
With regard to Claim 2, modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Wherein the controller is further configured to determine the trend in the temperature change, based on a period of time during which the temperature of the heater assembly is increased form a first temperature to a second temperature in the preheating section.
The second temperature is lower than a target temperature of the preheating section.
In regards to i., Raichman teaches (i) wherein the control circuitry is configured measure to temperature differences of the capsule over a period of time during operation [0137]. During the pre-heating/first heating step, the capsule may be heated and discontinue a further temperature increase in response to detecting that the temperature of the capsule has reached a first temperature [0137] to prevent overheating of the capsule and harm smokable material [0138]. Raichman further teaches that after the first temperature may be less than the vaporization temperature range of the plant material [0013].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of Lim to wherein the controller is further configured to determine the trend in the temperature change, based on a period of time during which the temperature of the heater assembly is increased form a first temperature to a second temperature in the preheating section and the second temperature is lower than a target temperature of the preheating section because both Lim and Raichman are directed to identifying types of smoking material for aerosol generation. Raichman teaches a controller configured to measure changes in temperature of a capsule over time to prevent overheating of the capsule and harm smokable material [0138] and this merely involves applying a known temperature control technique to a known controller of an aerosol generating device, ready for improvement, to yield predictable results.
In regards to ii., Blackmon, directed to a heat-not-burn aerosol generating device, teaches (ii) applying a first power, based on a first preheat temperature, to heater. A second power is applied to the heater based on reaching an energy threshold [0011], where a second preheat temperature is applied. The second preheat temperature is lower than the first preheat temperature [0006] to improve energy efficiency and user experience [0267]. One of ordinary skill in the art would understand that increasing power correlates to an increase in temperature. Since the first power, based on a preheat temperature, increases to the energy threshold and the second preheat temperature is lower than the first preheat temperature, the temperature when the energy threshold is reached is more than the temperature of the second preheat temperature.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the preheating section of modified Lim to wherein the second temperature is lower than a target preheating temperature of the preheating section because both Lim and Blackmon are directed to controlling supplied power in aerosol generating devices. Blackmon teaches lowering from a first preheat temperature to a second preheat temperatures of a preheating section to improve energy efficiency [0267] and this merely involves applying a known temperature control technique to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 7, modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Wherein the controller is further configured to control preheating of the heater assembly.
Supply a preset amount of power the heater assembly, regardless of cigarette types, until the temperature of the heater assembly reaches an upper temperature limit within the preset temperature range in the preheating section.
Raichman teaches wherein the control circuitry may terminate the pre-heating step in response to detecting that the temperature of the capsule has reached a first temperature [0113]. The first temperature may be less than a vaporization temperature range of the plant material [0131]. One of ordinary skill in the art would have been motivated to apply the control circuitry techniques of Raichman to Lim to improve heating efficiency of the device [0113 & 0123].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lim to wherein the controller is further configured to control preheating of the heater assembly and an upper temperature limit because both Lim and Raichman are directed to identifying different types of smokable material for improved heating. Raichman teaches wherein the control circuitry may stop the heater temperature from increasing to classify a capsule type [0130] and a temperature less than a vaporization temperature to improve heating efficiency of the device [0113 & 0123] and this merely involves applying a known heating technique to a known controller, ready for improvement, to yield predictable results.
Blackmon teaches applying a first power to a heater, wherein the first power may be a maximum power [0025], pre-determined based on empirical data [0029], meeting the claim limitation of supplying a preset amount of power, regardless of cigarette type. The first power is applied to increase a first preheat temperature, until the energy threshold is met [0024]. One of ordinary skill in the art would understand that the temperature reached when the energy threshold is met corresponds to a temperature limit within the preheating section and would have been motivated to apply the preset power technique of Blackmon into the pre-heating step of Lim to improving a user's sensory experience and conserving battery power [0267].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the preheating section of modified Lim to supply a preset amount of power the heater assembly, regardless of cigarette types, until the temperature of the heater assembly reaches an upper temperature limit within the preset temperature range in the preheating section because both Lim and Blackmon are directed to controlling supplied power in aerosol generating devices. Raichman teaches a first power preset to a maximum power to improving a user's sensory experience and conserving battery power [0267] and this merely involves combining prior art elements according to known power control methods to yield predictable results.
With regard to Claim 12, modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Determining the trend in the temperature change, based on a period of time during which the temperature of the heater assembly increases from a first temperature to a second temperature in the preheating section
Wherein the second temperature is lower than a target preheating temperature of the preheating section
In regards to i., Raichman teaches (i) wherein the control circuitry is configured measure to temperature differences of the capsule over a period of time during operation [0137]. During the pre-heating/first heating step, the capsule may be heated and discontinue a further temperature increase in response to detecting that the temperature of the capsule has reached a first temperature [0137] to prevent overheating of the capsule and harm smokable material [0138]. Raichman further teaches that the first temperature may be less than the vaporization temperature range of the plant material [0013].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of Lim to determine the trend in the temperature change, based on a period of time during which the temperature of the heater assembly increases from a first temperature to a second temperature in the preheating section because both Lim and Raichman are directed to identifying types of smoking material for aerosol generation. Raichman teaches a controller configured to measure changes in temperature of a capsule over time to prevent overheating of the capsule and harm smokable material [0138] and this merely involves applying a known temperature control technique to a known controller of an aerosol generating device, ready for improvement, to yield predictable results.
In regards to ii., Blackmon, directed to a heat-not-burn aerosol generating device, teaches (ii) applying a first power, based on a first preheat temperature, to heater. A second power is applied to the heater based on reaching an energy threshold [0011], where a second preheat temperature is applied. The second preheat temperature is lower than the first preheat temperature [0006] to improve energy efficiency and user experience [0267]. One of ordinary skill in the art would understand that increasing power correlates to an increase in temperature. Since the first power, based on a preheat temperature, increases to the energy threshold and the second preheat temperature is lower than the first preheat temperature, the temperature when the energy threshold is reached is more than the temperature of the second preheat temperature.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the preheating section of modified Lim to wherein the second temperature is lower than a target preheating temperature of the preheating section because both Lim and Blackmon are directed to controlling supplied power in aerosol generating devices. Blackmon teaches lowering from a first preheat temperature to a second preheat temperatures of a preheating section to improve energy efficiency [0267] and this merely involves applying a known temperature control technique to a known aerosol generating device ready for improvement to yield predictable results.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 20200305512 A1) and Raichman (WO 2019005526 A1), as applied to claim 1 above, and further in view of Kumar (DE 19935706 A1, hereinafter citations referring to English Machine Translation).
With regard to Claim 4, Lim teaches wherein (i) the device is configured to detect types of multiple cigarettes, corresponding to the first, second, and third type-cigarettes of the claimed invention. (ii) Lim further teaches wherein the cigarettes may comprise a tobacco rod manufactured in various forms, such as strand or sheet tobacco [0080]. Modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
When the gradient value corresponding to the trend in the temperature change falls within a first gradient range, identify the cigarette as a first-type cigarette; when the gradient value corresponding to the trend in the temperature change falls within a second gradient range, identify the cigarette as a second-type cigarette; when the gradient value corresponding to the trend in the temperature change falls within a third gradient range, identify the cigarette as a third-type cigarette
The first-type cigarette comprising a tobacco medium element comprising a filter material impregnated with a nicotine liquid
The second-type cigarette comprises a cigarette type comprising a tobacco medium element comprising tobacco granules, and the third-type cigarette comprises a cigarette type comprising a tobacco medium element comprising a solid tobacco material.
In regards to i. and iii., Raichman teaches wherein (i) the control circuitry may be configured to classify temperatures of approximately 60 degrees Celsius, 65 degrees Celsius, 70 degrees Celsius, 70 degrees Celsius, and 80 degrees Celsius to classify five different types of capsules [0069]). (iii) The capsule may comprise plant material including nicotine and tobacco. The tobacco being in the form of tobacco leaf, tobacco plug, reconstituted tobacco, compressed tobacco, shaped tobacco, or power tobacco [0054]. One of ordinary skill in the art would understand that any capsule can comprise any of these tobacco forms for classification.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of Lim to when the gradient value corresponding to the trend in the temperature change falls within a first gradient range, identify the cigarette as a first-type cigarette; when the gradient value corresponding to the trend in the temperature change falls within a second gradient range, identify the cigarette as a second-type cigarette; when the gradient value corresponding to the trend in the temperature change falls within a third gradient range, identify the cigarette as a third-type cigarette; wherein the second-type cigarette comprises a cigarette type comprising a tobacco medium element comprising tobacco granules, and the third-type cigarette comprises a cigarette type comprising a tobacco medium element comprising a solid tobacco material because both Lim and Raichman are directed to identifying types of smoking material for aerosol generation. Raichman teaches multiple classifications corresponding to different forms of smoking material to improve the quality of a generated aerosol for each type of cigarette [0069] and this merely involves applying a known classification technique to a known controller of an aerosol generating device, ready for improvement, to yield predictable results.
In regards to ii., Kumar, directed to a cigarette, teaches wherein a filter of a cigarette is soaked with nicotine to stop harmful products from being inhaled by a user. One of ordinary skill in the art would have found it obvious to modify the modified cigarette of Lim to include a nicotine soaked filter to stop harmful products from being inhaled by a user and regulate the nicotine dosage [0002 & 0004].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the first-type cigarette of modified Lim to comprise a filter material impregnated with a nicotine liquid because both Kumar and Lim are directed to improving a user's smoking experience and quality of generated aerosol. Kumar teaches a filter soaked with nicotine to stop harmful products from being inhaled by a user and regulate the nicotine dosage [0002 & 0004] and this merely involves applying a known filtering method to a known cigarette ready for improvement to yield predictable results.
With regard to Claim 5, modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Wherein the third gradient range comprises a plurality of gradient values less than those in the second gradient range
The second gradient range comprises a plurality of gradient values less than those in the first gradient range
With regard to Claim 5, Raichman teaches wherein (i) the control circuitry is configured to classify the capsule type in response to detecting a temperature [0069]. Different types of capsules may be classified at different temperature levels, having a capsule heating profile [0069] and may comprise different forms of tobacco material [0054]. (ii) One of ordinary skill in the art would have understood that different tobacco forms exhibit different thermal responses during heating, and gradient ranges used for classification would be arranged according to each form's different temperature behaviors, including having greater or lesser gradient values relative to each other.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of Lim to wherein the third gradient range comprises a plurality of gradient values less than those in the second gradient range and the second gradient range comprises a plurality of gradient values less than those in the first gradient range
because both Lim and Raichman are directed to identifying types of smoking material for aerosol generation. Raichman teaches wherein different capsules are classified at different temperature levels to improve the efficiency of classifying of a smoking material [0069] and this merely involves applying a known temperature based controlling technique to a known controller of an aerosol generating device, ready for improvement, to yield predictable results.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 20200305512 A1) and Raichman (WO 2019005526 A1), as applied to claim 1 above, and further in view of Lee (US 2023039402 A1).
With regard to Claim 10, modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Wherein the preset temperature range comprises a temperature range from about 200 °C to about 270 °C
Lee, directed to an aerosol-generating device, teaches where a maximum temperature of a preheating temperature range may be a temperature that is lower than the minimum target temperature, 260 °C, for generation of an aerosol [0507] to improve the amount of aerosol generated when a puff takes places [0150]. There is a significant amount of overlap in the range of the claimed invention and Lee and is therefore considered prima facie obvious.
Therefore, before the effective date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the preset temperature range of Lim to comprise a temperature range from about 200 °C to about 270 °C because both Lim and Lee are directed to improving aerosol generation by controlling a supply of power to heater. Lee teaches wherein preheating temperature may be lower than a minimum aerosol generation temperature at 260 °C to improve the amount of aerosol generated when a puff takes places [0150] and this merely involves applying a known temperature to a known preheating section of an aerosol generating device ready for improvement to yield predictable results.
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.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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