DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 1-15 are pending and are subject to this office action. This is the first Office Action on the merits of the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "compare a detected remaining puff number with " in line 8. There is insufficient antecedent basis for this limitation in the claim, because no “preset puff number” is previously introduced. See MPEP 2173.05(e). For examination purposes, the limitation is read as “a preset puff number.” Claims 2, 7, 8 and 9 also refer to “the preset puff number” inheriting the same defect.
Claim 1 first recites “detect a remaining puff number,” then “compare a detected remaining puff number,” then “stop power supply… when the detected remaining puff number is less than,” and lastly “a target temperature corresponding to the remaining puff number.” Because “a detected remaining puff number” is introduced with the indefinite article after “a remaining puff number” was already recited, it is unclear whether these are the same value or different values. It is further unclear whether “the remaining puff number” to which the target temperature corresponds is the value compared against the preset puff number, or a value detected later, after the preset time elapses. The specification describes the latter (the remaining puff number “at a time when the preset time elapses,” description of operation 207 of Fig.2), but the claim does not specify. The metes and bounds of the claim therefore cannot be determined with reasonable certainty.
Claims 2-9 are also rejected by virtue of their dependence on claim 1.
Claim 10 recites “detecting a remaining puff number” in line 3 and then introduces “a detected remaining puff number” twice: first in the comparing step (line 5) and again in the stopping step (lines 7-8). It is unclear whether the second instance of “a detected remaining puff number” refers to the first, and whether either refers to the “remaining puff number” to which the target temperature corresponds in the last line is the value compared against the preset puff number or a value detected after the preset time elapses.
For examination purposes, in claims 1 and 10, each recitation of “a detected remaining puff number” and “the detected remaining puff number” is read as referring to the remaining puff number detected by the puff sensor for the same aerosol-generating article, and “the remaining puff number” to which the target temperature corresponds is read as the remaining puff number at the time power is resumed after the preset time elapses.
Claims 11-15 are also rejected by virtue of their dependence on claim 10.
Claim 6 recites “stop power supply to the heater for a preset time when no puff is detected for a threshold time.” Claim 1, from which claim 6 depends, already recites “a preset time.” It is unclear whether a second, different preset time is introduced in claim 6, or it refers back to the preset time of claim 1. The specification describes different durations for the two instances (30 seconds in the description of Fig.3A and 20 seconds in the description of Fig.5), which supports reading them as different, whilst the usage of the same term suggests they are the same. See MPEP 2173.05(o). In contrast, parallel method of claim 12 recites “the preset time,” which ties it to the preset time of claim 10. The inconsistency between claims 6 and 12 further complicates the understanding of the intended scope. For examination purposes, the preset time of claim 6 is interpreted as a second preset time, different from the preset time of claim 1, consistent with the specification. The preset time of claim 12 is interpreted as the same preset time recited in claim 10, as required by the definite article.
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.
Claims 1-5, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kuczaj (US-20160174610-A1) in view of Lim (EP-3610747-A2), Farine (EP-2895930-B1) and Jung (KR-20190038181-A, hereinafter referring to the English Machine Translation retrieved from Espacenet).
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Regarding claim 1, Kuczaj, directed to an aerosol-generating device (100, Fig.1, [0063]) discloses:
A heater configured to heat at least part of an aerosol generating article, comprising: a heating element (14, Figs.1 and 2), a blade-shaped resistive heater inserted into the aerosol-forming substrate (12) of the smoking article (102) received into the cavity (22, [0063-0064]).
A puff sensor configured to detect a user’s puff, where the device may be configured to detect user puffs using a dedicated flow sensor ([0020]), or the microcontroller may receive puff count data from said puff sensor ([0090]).
A processor (controller/microcontroller, 18, Fig.1 and 7), connected to a heating element (14), controlling the supplied power ([0063], [0074]), and receiving puff count data from the flow sensor ([0090]).
Kuczaj further teaches controlling the heater according to a first phase (70, Fig.5) in which the heating element is raised to a first temperature, a second phase (72) in which its temperature is reduced to a lower second temperature, and a third phase (74) in which the temperature is progressively increased (Fig.5, [0070]), implemented as target temperatures T0, T1 and T2 (Fig.8, [0084]). The phases may each have a predetermined duration ([0020]), and alternatively “the transition between phases is triggered by puff counts,” (i.e. ending the first phase after two puffs and the second phase after a further five puffs ([0020, 0090]). Therefore, Kuczaj teaches comparing a detected puff count and changing the power supply to the heater when the preset puff number is reached.
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However, Kuczaj does not explicitly teach detecting the puff count as a remaining puff number and comparing that with the preset puff number; stopping power supply to the heater for a preset time and then supplying power after the preset time elapses; or setting the target temperature according to the puff count rather than the elapsed time.
Lim, directed to an aerosol-generating device discloses an embodiment comprising a battery (110), a controller (120), a sensor (130), an output unit (140), and a heater (150, Fig.3, [0041]), in which the controller detects the user’s puffs using a temperature sensor or a flux sensor ([0055-0056]), predicts the remaining number of available puffs, and outputs the remaining number of puffs, (i.e. the number of puffs of the user subtracted from the remaining number of available puffs ([0046]). Lim also teaches that the controller determines whether the remaining number of available puffs is equal to or less than a threshold and changes the device’s operating mode on that basis (Fig.6, operations 601-611, [0080-0090]). Lim further teaches counting the user’s puff ([0134]), comparing the count with a puff limit number, such as 14 ([0193]), earning the user when the count approaches the limit (i.e. 12 puffs, [0194]), and forcibly terminating operations by interrupting the power supplied to the heater (Fig.19, operation 2850, [0199]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Kuczaj by configuring the microcontroller to detect a remaining puff number of the aerosol-generating article by using the puff sensor, compare the detected remaining puff number with a preset puff number, and change the power supply to the heater when the detected remaining puff number is less than the preset puff number, as taught by Lim; because both Kuczaj and Lim are directed to aerosol-generating devices, Lim teaches that this controller configuration provides feedback to the user to increase satisfaction ([0024]), and this involves configuring a microcontroller in a known manner in a similar device to yield predictable results.
Kuczaj further teaches that the heater temperature is deliberately reduced in the second phase to reduce the likelihood of substrate combustion and reduce the amount of energy consumed by the device ([0021]); that the second phase may have a predetermined duration ([0020]); and that power “may” be provided during the second phase only to ensure that the temperature does not fall below a minimum allowable temperature ([0015]). Power during the second phase is therefore optional in Kuczaj, and the third phase resumes supplying power so that the heater reaches the target temperature of said phase (Figs.5 and 8, [0022-0023], [0084]). Additionally, Kuczaj’s second aspect recites that power is continually supplied during the three phases ([0027]), However, Kuczaj’s first aspect (the method) contains no such requirement ([0008]), and Kuczaj describes power in the second phase as optional ([0015]).
Kuczaj, in view of Lim, does not explicitly disclose the processor is configured to stop power supply to the heater for a preset time when the detected remaining puff number is less than the preset puff number, and supply power to the heater after the preset time elapses.
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Farine, directed to an aerosol-generating device, discloses an embodiment having a heating element (14), an electrical energy supply (16) and a controller (18, Fig.1, [0055-0057]) that regulates the heater temperature with a PID regulator ([0060]), in which power to the heating element is cut by the microcontroller and “the device may then be prevented from operating for a predetermined period of time, during which the heating element cools to an acceptable temperature” (Fig.8, step 810, [0081]). Farine further explains that cutting power to the heating element “provides a direct way to prevent or reduce the likelihood of combustion of the substrate” ([0081]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Kuczaj, as modified by Lim, by configuring the microcontroller to stop power supply to the heater for a preset time when the detected remaining puff number falls below the preset puff number, as taught by Farine, and then supplying power to the heater after the preset time elapses so that the heater reaches the third-phase (74) target temperature, as taught by Kuczaj; because Kuczaj, Lim and Farine are directed to aerosol-generating devices, Farine teaches that cutting power to the heating element for a predetermined period reduces the likelihood of combustion of the substrate ([0081]), which is the same purpose as Kuczaj’s second phase ([0021]), and this involves configuring a microcontroller in a known manner in a similar device to yield predictable results.
Kuczaj, in view of Lim and Farine, does not explicitly disclose the processor is configured to supply power to the heater such that the temperature of the heater reaches a target temperature corresponding to the remaining puff number.
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Jung, directed to an aerosol-generating device, discloses an embodiment comprising a heater (110), a battery (120), a puff sensor (130) and a controller (140, Fig.1, [0031], [0035], [0039]), in which the controller counts the user’s inhalations detected by the puff sensor to determine the number of puffs and controls the heater to a preset temperature corresponding to the determined number of puffs ([0043-0044]). In the embodiment of Fig.2, the heater is preheated to 330°C and held at that temperature for puffs 1-3, reduced to 310°C for puffs 4-6, raised to 325°C for puffs 7-9 and to 340°C for puffs 10-12, maintained for puffs 13-14, and the power supply to the heater is stopped when the puff count exceeds 14 (Fig.2, [0052], [0061-0065]). Jung’s aim is to deliver an essentially uniform amount of aerosol regardless of the user’s inhalation pattern ([0058]).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Kuczaj, as modified by Lim and Farine, by configuring the microcontroller to supply power to the heater after the preset time elapses such that the temperature of the heater reaches a target temperature corresponding to the remaining puff number, as taught by Jung; because Kuczaj, Lim, Farine and Jung are directed to aerosol-generating devices, Jung teaches that setting the heater temperature according to the puff count delivers an essentially uniform amount of aerosol regardless of the user’s inhalation pattern as the substrate is depleted (Kuczaj Fig.5, [0022]; Jung Fig.2, [0058]), and this involves configuring the microcontroller in a known manner to yield predictable results.
Regarding claim 2, Kuczaj, as modified by Lim, Farine and Jung, teaches the processor is further configured to supply power to the heater based on a first temperature profile (first phase 70, target temperature T0) when the detected remaining puff number is greater than or equal to the preset puff number, and to supply power based on a different, second temperature profile (third phase 74, progressively increasing target temperature T2) when the detected remaining puff number is less than the preset puff number, and the preset time elapses (Kuczaj Fig.5, [0070], [0084], [0090]). Jung also teaches a first temperature profile for the early puff sections and a different profile for the following puff sections (Fig.2, [0061-0065]).
Regarding claim 3, Kuczaj, as modified, teaches that both profiles are selected according to the puff count detected by the flow sensor ([0090]); in the modification of Lim, the count is expressed as the remaining puff number ([0046]); and with the modification of Jung, the target temperature within the profiles is set according to that puff count (Fig.2, [0043-0044]). Therefore, the first and second temperature profiles are temperature profiles corresponding to the remaining puff number detected by the puff sensor.
Regarding claim 4, Kuczaj discloses that in the first phase power is supplied to raise the heating element from ambient to the first temperature “as quickly as possible” ([0016]; Fig.5 first phase 70, [0070]). Jung also preheats the heater to a first temperature of 330°C before the first puff ([0061]). The first temperature profile then includes a temperature increase section in which the heater temperature increases to a threshold temperature.
Regarding claim 5, Kuczaj discloses that in the third phase the target temperature is gradually increased, and may be continuously increased, as the aerosol-generating substrate becomes depleted (Figs.5 and 8, [0022], [0084]). Jung teaches raising the target temperature as the puff count increases, from 310°C to 325°C to 340°C over successive puff sections (Fig.2, [0062-0064]). Because the remaining puff number decreases as the puff count increases, the second temperature profile of the modified device is a temperature profile in which the target temperature increases as the remaining puff number decreases.
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Regarding claim 10, Kuczaj, directed to an operating method of an aerosol-generating device (method of controlling the electrically heated aerosol-generating device 100, [0008]; Fig.1, [0063]) discloses:
Detecting the user’s puffs by using a puff sensor configured to detect a user’s puff count (flow sensor, [0020], [0090]).
Comparing the detected puff count with a preset puff number, the transition between the heating phases being triggered by puff counts (i.e. the first phase ends after two puffs, [0020], [0090]).
Reducing the power supplied to a heater configured to heat at least part of the aerosol-generating article (heating element 14, inserted into the aerosol-forming substrate 12, of smoking article 102, Figs.1 and 2, [0063-0064]) in a second phase when the preset puff number is reached, power in that phase being optional ([0015], [0020-0021], [0090]).
Supplying power to the heater after the second phase such that the heater reaches the target temperature of a third phase (Figs.5 and 8, [0022-0023], [0084]).
However, Kuczaj does not explicitly disclose detecting a remaining puff number of an aerosol-generating article by using the puff sensor and comparing a detected remaining puff number with a preset puff number.
Lim teaches detecting the user’s puffs with a sensor ([0055-0056]), predicting and outputting the remaining puff number of available puffs {0046]), and determining whether the remaining number of available puffs is equal to or less than a threshold and changing the operating mode on that basis (Fig.6, operations 601-611, [0080-0090]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the method of Kuczaj to include detecting a remaining puff number of the aerosol-generating article by using the puff sensor and comparing a detected remaining puff number with a preset puff number, as taught by Lim; because both Kuczaj and Lim are directed to aerosol-generating devices, Lim teaches that providing the remaining number of puffs provides feedback to the user to increase satisfaction ([0024]), and this involves applying a known technique to a known method ready for improvement to yield predictable results.
Kuczaj, in view of Lim, does not explicitly disclose stopping, for a preset time, power supply to the heater when a detected remaining puff number is less than the preset puff number, and supplying power to the heater after the preset time elapses.
Farine teaches cutting power to the heating element and preventing the device from operating for a predetermined period of time, during which the heating element cools, as a direct way to reduce the likelihood of combustion of the substrate (Fig.8, step 810, [0081]). Kuczaj teaches resuming power supply in the third phase after the second phase ([0022-0023]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the method of Kuczaj, in view of Lim, to include stopping, for a preset time, power supply to the heater when a detected remaining puff number is less than the preset puff number, as thought by Farine, and supplying power to the heater after the preset time elapses, as taught by Kuzcaj; because Kuczaj, Lim and Farine are directed to aerosol-generating devices, Farine teaches that cutting power for a predetermined period reduces the likelihood of combustion of the substrate ([0081]), the same purpose as Kuczaj’s second phase ([0021]), and this involves applying a known technique to a known method ready for improvement to yield predictable results.
Kuczaj, in view of Lim and Farine, does not explicitly disclose supplying power to the heater such that a temperature of the heater reaches a target temperature corresponding to the remaining puff number.
Jung teaches counting the user’s inhalations detected by the puff sensor and controlling the heater to a preset temperature corresponding to the determined number of puffs ([0043-0044]; Fig.2, [0061-0065]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the method of Kuczaj, in view of Lim and Farine, so that the power supplied after the preset time elapses brings the temperature of the heater to a target temperature corresponding to the remaining puff number, as thought by Jung; because Kuczaj, Lim, Farine and Jung are directed to aerosol-generating devices, Jung teaches that setting the heater temperature according to the puff count delivers an essentially uniform amount of aerosol regardless of the user’s inhalation pattern ([0058]), and this involves applying a known technique to a known method ready for improvement to yield predictable results.
Regarding claim 11, Kuczaj, as modified by Lim, Farine and Jung, teaches the operating method of claim 10, further comprising supplying power to the heater based on a first temperature profile (first phase 70, target temperature T0) when the detected remaining puff number is greater than or equal to the preset puff number, and supplying power to the heater based on a different, second temperature profile (third phase 74, progressively increasing target temperature T2) when the detected remaining puff number is less than the preset puff number (Kuczaj Figs.5 and 8, [0070], [0084], [0090]; Jung Fig.2, [0061-0065]).
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Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kuczaj (US-20160174610-A1) in view of Lim (EP-3610747-A2), Farine (EP-2895930-B1) and Jung (KR-20190038181-A, English Machine Translation retrieved from Espacenet) as applied to claims 1 and 10 above, in further view of Lee (US-20200329776-A1).
Regarding claim 6, Kuczaj, Lim, Farine and Jung teach the aerosol-generating device of claim 1. However, Kuczaj, in view of Lim, Farine and Jung, does not explicitly disclose the processor is further configured to stop power supply to the heater for a (second) preset time when no puff is detected for a threshold time after the user’s puff is detected by the puff sensor, and supply power corresponding to the smallest value in the heater’s power supply range after the preset time.
Lee, directed to an aerosol-generating device, discloses an embodiment having a controller (710), a heater (720), a puff detecting sensor (730) and a power source (740, Fig.7, [0117]). When a puff ends, the controller changes from a heating mode to a preheating mode ([0104]), and when a puff from the user is not detected during a preset preheating period, the controller changes to a power saving mode in which the power supplied to the heater is smaller than in the preheating mode, reducing power consumption ([0111]). Lee also discloses duty cycles of about 70-95% in the heating mode ([0131]), 3-20% in the preheating mode, and lower still in power saving mode ([0130]), decreasing to 4, 3, 2, and 1% (Fig.11D, [0144]); and that when a preset time passes while in the power saving section, a controller may stop supplying power to the heater (Fig.10, [0138]). Lee explains that maintaining the heater at an appropriate level lets aerosol be provided quickly on the next puff while reducing power consumption ([0007]).
Lee further teaches that upon no puff being detected for a threshold time (the preset preheating period) after a user’s puff, both (a) stopping power supply to the heater after a preset time and (b) supplying power at the smallest value of the heater’s power supply range (the lowest duty cycle). Lee performs (b) before (a), whereas the claim requires stopping power for a preset time first and then supplying the smallest power value. Farine teaches stopping heater power for a predetermined period of time, after which the device may operate again ([0081]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Kuczaj, as modified by Lim, Farine and Jung by configuring the microcontroller to stop power supply to the heater when no puff is detected for a threshold time after the user’s puff is detected by the puff sensor, and to supply power corresponding to the smallest value of the heater’s power supply range after the preset time, as taught by Lee and Farine; because Kuczaj, Lim, Farine, Jung and Lee are directed to aerosol-generating devices, Lee teaches that this reduces power consumption during pauses in use while keeping the heater ready to quickly respond to the next puff ([0007], [0111]) and this involves configuring a microcontroller in a known manner in a similar device, to yield predictable results. Performing Lee’s two known steps in the order of stop-then-minimum-power, instead of minimum-power-then-stop, is a rearrangement of known steps producing the predictable result of short power-free interval (as taught by Farine) followed by low-level maintenance heating. The selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results (MPEP 2144.04(IV)(C)).
Regarding claim 12, Kuczaj, Lim, Farine and Jung teach the operating method of claim 10. However, Kuczaj, in view of Lim, Farine and Jung, does not explicitly disclose stopping power supply to the heater for the preset time when no puff is detected for a threshold time after the user’s puff is detected by the puff sensor, and, after the preset time, supplying power corresponding to the smallest value in the heater’s power supply range.
Lee teaches that when a puff from the user is not detected during a preset preheating period after a puff, the controller changes to a power saving mode supplying the lowest duty cycles of its range, 4, 3, 2, and 1% (Fig.11D, [0144]), and stops supplying power to the heater when a preset time passes (Fig.10, [0138]). Farine teaches stopping heater power for a predetermined period of time ([0081]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the method of Kuczaj, as modified by Lim, Farine and Jung, to include stopping power supply to the heater for the preset time (i.e. the same predetermined period already used in the method of claim 10) when no puff is detected for a threshold time after the user’s puff is detected by the puff sensor, and, after the preset time, supplying power corresponding to the smallest value of the heater’s power supply range, as taught by Lee and Farine; because Kuczaj, Lim, Farine, Jung and Lee are directed to aerosol-generating devices, Lee teaches that this reduces power consumption while keeping the heater ready to quickly respond to the next puff ([0007], [0111]), and this involves applying a known technique to a known method ready for improvement, to yield predictable results. MPEP 2143(I)(D). Performing Lee’s two known steps in the order of stop-then-minimum-power is a rearrangement of known steps that is prima facie obvious in the absence of new or unexpected results (MPEP 2144.04(IV)(C)).
Claims 7, 9, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kuczaj (US-20160174610-A1) in view of Lim (EP-3610747-A2), Farine (EP-2895930-B1) and Jung (KR-20190038181-A, English Machine Translation retrieved from Espacenet) as applied to claims 1 and 10 above, in further view of Uthurry (US-20210235770-A1), and Lavanchy (WO-2020126908-A1).
Regarding claim 7, Kuczaj, Lim, Farine and Jung teach the aerosol-generating device of claim 1, and Kuczaj further teaches adjusting the power control dependent on an identified characteristic of the aerosol-generating substrate ([0025]) and that the timing of the phase transitions “can be determined experimentally” for a given substrate ([0091]). However, Kuczaj, in view of Lim, Farine and Jung, does not explicitly disclose the processor is further configured to determine an initial temperature increase rate of the heater and to change the subsequent heating based on that rate.
Uthurry, directed to an aerosol-generating device, discloses an embodiment having a heater (18) in a cavity (14) of a device (10, [0095-0101]) and a puff sensor ([0040]), in which a controller determines the time taken for the heater to rise from a first to a second temperature (i.e. 100°C to 250°C), thus the initial temperature increase rate, and changes the subsequent heating based on that rate, because the rate indicates the water content of the substrate ([0005-0006], [0108-0109]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Kuczaj, as modified by Lim, Farine and Jung, by configuring the microcontroller to determine the initial temperature increase rate of the heater (the time taken for the heater to rise between two predetermined temperatures) and to change the subsequent temperature based on that rate, as taught by Uthurry; because Kuczaj, Lim, Farine, Jung and Uthurry are directed to aerosol-generating devices, Uthurry teaches that the initial temperature increase rate indicates the water content of the substrate, so that the heating can be adapted to the actual condition of the substrate ([0006]), and this involves configuring a microcontroller in a known manner in a similar device to yield predictable results (see MPEP 2143(I)(C)).
Kuczaj in view of Lim, Farine, Jung and Uthurry does not explicitly disclose that the processor is configured to change the preset puff number based on the initial temperature increase rate of the heater.
Lavanchy, directed to an aerosol-generating device, teaches a controller that controls operation parameters of the device including “a maximum number of puffs per aerosol-generating article” (page 19, lines 17-18), “a duration of time of a preheating period” (page 19, lines 18-19) and “a temperature change over time during a preheating period” (page 19, 19-20; see page 19, lines 13-20), and teaches that for optimal operation, different operation parameters may be chosen for the different aerosol-generating articles (page 2, lines 14-15). Lavanchy thus teaches that the maximum number of puffs per article is an operation parameter that the controller changes to suit the aerosol-generating article being heated.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Kuczaj, as modified by Lim, Farine, Jung and Uthurry, by configuring the microcontroller to change the preset puff number, which sets the number of puffs for which the first temperature profile is applied (Kuzcaj [0090]; Lim [0080-0090]), based on the initial temperature increase rate determined as taught by Uthurry and Lavanchy; because Kuczaj, Lim, Farine, Jung, Uthurry and Lavanchy are directed to aerosol-generating devices, Lavanchy teaches that the number of puffs per article is an operation parameter chosen to suit the particular article for optimal operation (page 2, lines 14-15; page 19, lines 17-18), and this involves configuring a microcontroller in a known manner in a similar device to yield predictable results (see MPEP 2143(I)(C)).
Regarding claim 9, Kuczaj, Lim, Farine, Jung, Uthurry and Lavanchy teach the aerosol-generating device of claim 7. However, Kuczaj, in view of Lim, Farine, Jung, Uthurry and Lavanchy, does not explicitly disclose the processor is further configured to change the preset puff number to a puff number greater than the preset puff number when the initial temperature increase rate is less than a threshold rate change.
Uthurry further defining a normal range for the time taken by the heater to rise between the two predetermined temperatures, i.e. threshold rate range, and that a slow initial temperature increase (a rise time longer than the normal range) indicates a high-water content of the substrate, in which case the controller supplies power at a reduced rate, lower than the normal rate, so that less heat is applied to the substrate ([006, [0108-0109]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one with ordinary skill in the art to modify Kuczaj, as modified by Lim, Farine, Jung, Uthurry and Lavanchy, by configuring the microcontroller to change the preset puff number to a puff number greater than the preset puff number when the initial temperature increase rate is less than the threshold rate range, as further taught by Uthurry; because Kuczaj, Lim, Farine, Jung, Uthurry and Lavanchy are directed to aerosol-generating devices, Uthurry teaches reducing the heat applied to a substrate whose slow initial heating indicates high-water content ([0006], [0108-0109]). In the modified device, power supply to the heater is stopped when the remaining puff number becomes less than the preset puff number (Farine [0081]), so a greater preset puff number stops power after fewer puffs and reduces the heat applied to the substrate, which is the puff-count equivalent of Uthurry’s reduced power rate; and this involves configuring a microcontroller in a known manner in a similar device to yield predictable results (see MPEP 2143(I)(C)).
In addition, once Uthurry teaches that the heating should be changed according to whether the initial temperature increase rate is above or below its normal range, and Lavanchy teaches that the puff number is the parameter to be changed, the preset puff number can only be increased or decreased. Choosing from this finite number of identified, predicted solutions, with a reasonable expectation of success, would have been obvious to try (see MPEP 2143(I)(E)).
Regarding claim 13, Kuczaj, Lim, Farine and Jung teach the operating method of claim 10. However, Kuczaj, in view of Lim, Farine and Jung, does not explicitly disclose determining an initial temperature increase rate of the heater and changing the subsequent heating based on that rate.
Uthurry teaches determining the time taken for the heater to rise from 100°C to 250°C, i.e. the initial temperature increase rate, and changing the subsequent heating based on that rate, because the rate indicates the water content of substrate ([0005-0006]), [0108-0109]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the method of Kuczaj, as modified by Lim, Farine and Jung, to include determining the initial temperature increase rate of the heater and changing the subsequent heating based on that rate, as taught by Uthurry; because Kuczaj, Lim, Farine, Jung and Uthurry are directed to aerosol-generating devices, Uthurry teaches that the initial temperature increase rate indicates the water content of the substrate, so that the heating can be adapted to the actual condition of the substrate ([0006]), and this involves applying a known technique to a known method ready for improvement to yield predictable results (see MPEP 2143(I)(D)).
Kuczaj, in view of Lim, Farine, Jung and Uthurry, does not explicitly disclose changing the preset puff number based on an initial temperature increase rate of the heater.
However, Lavanchy teaches that a maximum number of puffs per aerosol-generating article is an operation parameter controlled by the controller (page 19, lines 13-20), and that for optimal operation, different operation parameters may be chosen for different aerosol-generating articles (page 2, lines 14-15).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the method of Kuczaj, as modified by Lim, Farine, Jung and Uthurry to include changing the preset puff number, which sets the number of puffs for which the first temperature profile is applied (Kuczaj [0090]), based on the initial temperature increase rate, as taught by Lavanchy; because Kuczaj, Lim, Farine, Jung, Uthurry and Lavanchy are directed to aerosol-generating devices, Lavanchy teaches choosing the number of puffs per article for optimal operation (page 2, lines 14-15; page 19, lines 17-18), and this involves applying a known technique to a known method ready for improvement to yield predictable results (see MPEP 2143(I)(D)).
Regarding claim 15, Kuczaj, Lim, Farine, Jung, Uthurry and Lavanchy teach the operating method of claim 13. However, Kuczaj, in view of Lim, Farine, Jung and Lavanchy, does not explicitly disclose changing the preset puff number to a puff number greater than the preset puff number when the initial temperature increase rate is less than a threshold rate change.
Uthurry further teaches a normal range for the initial temperature increase rate, i.e. a threshold rate range, and that a slow initial temperature increase indicates a high-water content of the substrate, in which case less heat is applied by supplying power at a reduced rate ([0006], [0108-0109]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the method of Kuczaj, as modified by Lim, Farine, Jung, Uthurry and Lavanchy, to include changing the preset puff number to a puff number greater than the preset puff number when the initial temperature increase rate is less than the threshold rate range, as further taught by Uthurry; because Kuczaj, Lim, Farine, Jung, Uthurry and Lavanchy are directed to aerosol-generating devices, Uthurry teaches reducing the heat applied to a substrate whose slow initial heating indicates high-water content ([0006], [0108-0109]), and in the modified method a greater preset puff number stops power after fewer puffs (Farine [0081]); and this involves applying a known technique to a known method ready for improvement to yield predictable results (see MPEP 2143(I)(D)). Alternatively, as explained for claim 9, increasing or decreasing the preset puff number are the only two identified, predictable solutions, and selecting the increase for a slow initial heating rate would have been obvious to try. MPEP 2143(I)(E).
Claims 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kuczaj (US-20160174610-A1) in view of Lim (EP-3610747-A2), Farine (EP-2895930-B1), Jung (KR-20190038181-A, English Machine Translation retrieved from Espacenet), Uthurry (US-20210235770-A1) and Lavanchy (WO-2020126908-A1) as applied to claims 7 and 13 above, in further view of Seo (US-20210251299-A1).
Regarding claim 8, Kuczaj, Lim, Farine, Jung, Uthurry and Lavanchy teach the aerosol-generating device of claim 7. However, Kuczaj, in view of Lim, Farine, Jung, Uthurry and Lavanchy, does not explicitly disclose the processor is further configured to change the preset puff number to a puff number less than the preset puff number when the initial temperature increase rate exceeds a threshold rate change.
Seo, directed to an aerosol-generating device, discloses an embodiment comprising a battery (110), a controller (120) and a heater (130, Fig.1, [0027]), and teaches that when the time required for the heater to reach the preheating completion temperature is shortened, i.e. the initial temperature increase rate is higher than intended, a required amount of heat may not be supplied to the aerosol-generating material, and thus an adequate amount of aerosol may not be generated even when preheating is completed ([0089]), so the device extends the preheating completion time ([0094]). Seo thus teaches extending the first heating stage when the heater heats up faster than intended.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one with ordinary skill in the art to modify Kuczaj, as modified by Lim, Farine, Jung, Uthurry and Lavanchy, by configuring the microcontroller to change the preset puff number to a puff number less than the preset puff number when the initial temperature increase rate exceeds the threshold range, as taught by Seo; because Kuczaj, Lim, Farine, Jung, Uthurry, Lavanchy and Seo are directed to aerosol-generating devices, Seo teaches extending the first heating stage when the heater heats up too fast so that an adequate amount of aerosol is generated ([0089], [0094]). In the modified device the first temperature profile is applied while the remaining puff number is greater than or equal to the preset puff number, so lowering the preset puff number is how the first stage is extended when it is counted in puffs (Kuczaj [0090]); and this involves configuring a microcontroller in a known manner in a similar device to yield predictable results (see MPEP 2143(I)(C)).
Regarding claim 14, Kuczaj, Lim, Farine, Jung, Uthurry and Lavanchy teach the operating method of claim 13. However, Kuczaj, in view of Lim, Farine, Jung, Uthurry and Lavanchy, does not explicitly disclose changing the preset puff number to a puff number less than the preset puff number when the initial temperature increase rate exceeds a threshold rate change.
Seo teaches that when the heater reaches its preheating temperature faster than intended, an adequate amount of aerosol may not be generated, so the first heating stage is extended ([0089], [0094]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify the method of Kuczaj, as modified by Lim, Farine, Jung, Uthurry and Lavanchy, to include changing the preset puff number to a puff number less than the preset puff number when the initial temperature increase rate exceeds the threshold rate range, as taught by Seo; because Kuczaj, Lim, Farine, Jung, Uthurry, Lavanchy and Seo are directed to aerosol-generating devices, Seo teaches that extending the first heating stage when the heater heats up too fast ensures an adequate amount of aerosol ([0089]), and in the modified method a smaller preset puff number extends the first temperature profile by puffs (Kuczaj [0090]); and this involves applying a known technique to a known method ready for improvement to yield predictable results (see MPEP 2143(I)(D)).
Conclusion
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/J.E.O./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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