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 .
Priority
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election of Group I (claims 12-21) in the reply filed on 7/27/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 22-31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/27/2026.
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.
Claim 12-21 are rejected under 35 U.S.C. 103 as being obvious over Jung (US 2021/0000185) in view of Lord (WO2020/193207). A copy of Lord (WO2020/193207) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 12, Jung teaches an aerosol generating device (title, abstract), comprising: a heater (Figs 1, 2, heater 13, 0029-0032) configured to heat an aerosol source to generate an aerosol (tobacco rod 21, 0060); a power supply (battery 11, 0035) configured to supply electric power to the heater (13); and a controller comprising circuitry (controller 12, 0036), the controller communicatively coupled to the power supply and the heater, the controller configured to control the supply of electric power from the power supply to the heater according to a control sequence having sections (0036), the controller configured to as a first section of the control sequence (Fig 6, preheating section 610, period of time 611, 0075), change a temperature of the heater from a first temperature (preheating target temperature T61, 0076) toward a second temperature (preset temperature T62, 0080), and as a second section of the control sequence, maintain the temperature of the heater (start section 612, 0082), the control sequence defines a first predetermined time duration for the first section (0073, it is desirable that the duration of the preheating section 610 be 30 seconds; 0075, maintain the preheating section 610 for a certain period of time 611 until the amount of heat generated by the heater reaches the preset value) and a second predetermined time duration for the second section (0081, duration of the heating section 620 may be three minutes to five minutes, and it is desirable that the duration of the heating section 620 be four minutes), the controller is further configured to terminate the first section in response to the temperature of the heater reaching the second temperature (Fig 6, heating is stopped at point between 611, 612). Jung discloses the claimed invention except for in an instance where the first section is terminated before an expiration of the first predetermined time duration, operate the second section for a total time duration corresponding to a sum of a residual time of the first predetermined time duration and the second predetermined time duration.
However, in an instance where the first section is terminated before an expiration of the first predetermined time duration, operate the second section for a total time duration corresponding to a sum of a residual time of the first predetermined time duration and the second predetermined time duration is known in the art. Lord, for example, discloses that the heating period times can be adjusted to allow for the overall heating period to substantially the same (0131). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the aerosol generating device of Jung having first and second heating section silent to time adjustment of the second heating section with the instance where the first section is terminated before an expiration of the first predetermined time duration, operate the second section for a total time duration corresponding to a sum of a residual time of the first predetermined time duration and the second predetermined time duration of Lord for the purpose of allowing for the overall heating period to stay substantially the same, thereby resulting in a more acceptable heating of the tobacco material (0131).
With respect to the limitations of claims 13 and 20, Jung teaches the second temperature is lower than the first temperature (Fig 6, T62 is lower than T61), and during the first section, the controller is further configured to stop the supply of electric power to the heater so the temperature of the heater falls toward the second temperature (Fig 6, heating is stopped at point between 611, 612).
the control sequence includes one or more preceding sections that precede the first section, and a time length of at least one of the one or more preceding sections is variable (Fig 6, section before 611).
With respect to the limitations of claims 14 and 16, Jung in view of Lord discloses the controller is further configured to, in a case where the first section is terminated after expiration the first time point, continue to operate the second section for a time duration corresponding to the second predetermined time duration reduced by an overtime duration with respect to the first time point (Lord, 0131);
the control sequence defines a third predetermined time duration for the third section (Jung, Fig 6, third section at T63), and the controller is further configured to, in an case where the first section is terminated later than a second time point at which the first time length and the second time length elapse from the start of the first section, continue the third section over a time obtained by subtracting, from the third time length, an overtime with respect to the second time point (Lord, 0131).
With respect to the limitations of claim 21, Jung teaches a method for controlling an aerosol generating device (title, abstract), the method comprising: obtaining, via a controller (Figs 1, 2, controller 12, 0036), a control sequence that includes a plurality of sections, the control sequence defining a first predetermined time duration (0073, it is desirable that the duration of the preheating section 610 be 30 seconds; 0075, maintain the preheating section 610 for a certain period of time 611 until the amount of heat generated by the heater reaches the preset value) for a first section (Fig 6, preheating section 610, period of time 611, 0075) and a second predetermined time duration (0081, duration of the heating section 620 may be three minutes to five minutes, and it is desirable that the duration of the heating section 620 be four minutes) for a second section (start section 612, 0082) that is subsequent to the first section; in the first section, changing a temperature of a heater (Figs 1, 2, heater 13, 0029-0032) from a first temperature toward a second temperature (Fig 6, vertical section of 611); terminating the first section in response to the temperature of the heater reaching the second temperature (Fig 6, heating is stopped at point between 611, 612). Jung discloses the claimed invention except for in a case of terminating the first section earlier than a first time point at which the first time length elapses from the start of the first section, maintaining the temperature of the heater in the second section while causing the second section to continue over a total time of a residual time until the first time point and the second time length.
However, in a case of terminating the first section earlier than a first time point at which the first time length elapses from the start of the first section, maintaining the temperature of the heater in the second section while causing the second section to continue over a total time of a residual time until the first time point and the second time length is known in the art. Lord, for example, discloses that the heating period times can be adjusted to allow for the overall heating period to substantially the same (0131). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the method for controlling an aerosol generating device of Jung having first and second heating section silent to time adjustment of the second heating section with the first section earlier than a first time point at which the first time length elapses from the start of the first section, maintaining the temperature of the heater in the second section while causing the second section to continue over a total time of a residual time until the first time point and the second time length of Lord for the purpose of allowing for the overall heating period to stay substantially the same, thereby resulting in a more acceptable heating of the tobacco material (0131).
Claims 15, 17, 18 and 19 are also rejected because they are dependent upon claim 12.
Allowable Subject Matter
Claims 15, 17, 18 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THIEN S TRAN/Primary Examiner, Art Unit 3761 9/11/2026
Prosecution Insights