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 .
Response to Amendment
Examiner acknowledges the reply filed on 7/27/2026 in which claims 1, 3-6, 8-20 have been amended. Currently claims 1, 3-6, 8-20 are pending for examination in this application.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 13, 14, 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuczaj (US 20150208727 A1).
Regarding claim 1, Kuczaj teaches an inhaler device (Fig. 2, device 100) comprising:
a heater (Fig. 2, heating element 14) configured to heat a substrate including an aerosol source to generate an aerosol (paragraph 63 “The aerosol-forming substrate 12 is pushed inside the housing 10 to come into thermal proximity with the heating element 14. The aerosol-forming substrate 12 will release a range of volatile compounds at different temperatures”); and
a controller (Fig. 1, controller 18) configured to control, based on a temperature setting defining a time-series transition of a target temperature which is a target value of a temperature of the heater (Fig. 8; see paragraph 84 which teaches different target temperature values of the heater wherein these target temperatures transition with time; paragraph 89 “The duration and temperature targets for each phase of operation are stored in memory within the controller 18”), an operation of the heater (paragraph 64 “The controller 18 controls the power supplied to the heating element 14 in order to regulate its temperature”),
wherein the controller is configured to control, based on first puff information indicating the number of puffs of aerosol taken by a user in a first time period (t1) in a period (claim 8 “further comprising detecting user puffs on the aerosol-generating device, and wherein the first, second, or third phase is ended following detection of a predetermined number of user puffs”) during which the substrate which is a single substrate (paragraph 65 “The aerosol-forming substrate 12 is a cylindrical plug of tobacco based material”) is heated based on the temperature setting (the heating element is heated to the desired settings of Fig. 8, which applies the heat to the substrate; see paragraphs 63-64), a length of a second time period (length of t2; [0089]) subsequent to the first time period (figure 8 shows t2 is subsequent to t1). ([0020] discloses a combination of the options disclosed)
Regarding claim 13, Kuczaj teaches the device of claim 1.
Kuczaj further teaches wherein the controller is configured to control, based on second puff information regarding a puff of the aerosol taken by the user in the second time period, the operation of the heater in the second time period (claim 12 “further comprising means for detecting user puffs on the aerosol-generating device, wherein the electric circuitry is configured such that at least one of the first, second, or third phase is ended following detection of a predetermined number of user puffs” wherein the phases control the operation of the heater as taught in claim 10).
Regarding claim 14, Kuczaj teaches the device of claim 13.
Kuczaj further teaches wherein the second puff information includes at least either one of information indicating the number of puffs taken in the second time period (paragraph 90 “For example, the microcontroller may receive puff count data from a flow sensor and may be configured to end the first phase after two puffs and end the second phase after a further five puffs”) or information indicating a change in a puff interval in the second time period. [0020]
Regarding claim 17, Kuczaj teaches the device of claim 13.
Kuczaj further teaches wherein the controller is configured to control, based on the second puff information, a length of the second time period (paragraph 20 teaches both time duration and puff count can be used to transition between different periods; paragraph 20 “It should be clear that a combination of these options may be used and may be applied to the transition between any two phases” which means that combining both puff count and duration of time period is possible so the controller is configured to control these parameters throughout the different phases of Fig. 5).
Regarding claim 18, Kuczaj teaches the device of claim 1.
Kuczaj further teaches wherein the temperature setting includes an initial temperature rise period during which the temperature of the heater rises from an initial temperature (Fig. 5, 70), an intermediate temperature drop period during which the temperature of the heater drops after the initial temperature rise period (Fig. 5, 72), and a temperature re-rise period during which the temperature of the heater rises after the intermediate temperature drop period (Fig. 5, 74), the first time period is included in at least either one of the initial temperature rise period (Fig. 5, where 70 is the first time period) or the intermediate temperature drop period, and the second time period is included in the temperature re-rise period (Fig. 5 where 72 and 74 together are the second time period and includes the temperature re-rise period).
Regarding claim 19, Kuczaj teaches An aerosol generation system (100) comprising:
a substrate (Fig. 2, substrate 12) ; and
an inhaler device (10);
the substrate configured to be heated by the inhaler device to generate an aerosol and that includes an aerosol source (paragraph 63 “The aerosol-forming substrate 12 is pushed inside the housing 10 to come into thermal proximity with the heating element 14. The aerosol-forming substrate 12 will release a range of volatile compounds at different temperatures”),
the inhaler device comprising: a heater configured to heat the substrate including the aerosol source to generate an aerosol (heating element 14; paragraph 63 “The aerosol-forming substrate 12 is pushed inside the housing 10 to come into thermal proximity with the heating element 14. The aerosol-forming substrate 12 will release a range of volatile compounds at different temperatures”); and
a controller (Fig. 1, controller 18) configured to control, based on a temperature setting defining a time-series transition of a target temperature which is a target value of a temperature of the heater (Fig. 8; see paragraph 84 which teaches different target temperature values of the heater wherein these target temperatures transition with time; paragraph 89 “The duration and temperature targets for each phase of operation are stored in memory within the controller 18”), an operation of the heater (paragraph 64 “The controller 18 controls the power supplied to the heating element 14 in order to regulate its temperature”), wherein
wherein the controller is configured to control, based on first puff information indicating the number of puffs of aerosol taken by a user in a first time period (t1) in a period (claim 8 “further comprising detecting user puffs on the aerosol-generating device, and wherein the first, second, or third phase is ended following detection of a predetermined number of user puffs”) during which the substrate which is a single substrate (paragraph 65 “The aerosol-forming substrate 12 is a cylindrical plug of tobacco based material”) is heated based on the temperature setting (the heating element is heated to the desired settings of Fig. 8, which applies the heat to the substrate; see paragraphs 63-64), a length of a second time period (length of t2; [0089]) subsequent to the first time period (figure 8 shows t2 is subsequent to t1). ([0020] discloses a combination of the options disclosed)
Regarding claim 20, Kuczaj teaches a control method for controlling an inhaler device including a heater configured to heat a substrate including an aerosol source to generate an aerosol (see Kuczaj claim 1), the control method comprising:
controlling, based on a temperature setting defining a time-series transition of a target temperature which is a target value of a temperature of the heater, an operation of the heater (Fig. 8; see paragraph 84 which teaches different target temperature values of the heater wherein these target temperatures transition with time; paragraph 89 “The duration and temperature targets for each phase of operation are stored in memory within the controller 18”), wherein
the controlling of an operation of the heater (paragraph 64 “The controller 18 controls the power supplied to the heating element 14 in order to regulate its temperature”) includes controlling, based on first puff information indicating the number of puffs of the aerosol taken by a user in a first period (t1) in a period (claim 8 “further comprising detecting user puffs on the aerosol-generating device, and wherein the first, second, or third phase is ended following detection of a predetermined number of user puffs) during which the substrate which is a single substrate (paragraph 65 “The aerosol-forming substrate 12 is a cylindrical plug of tobacco based material”) is heated based on the temperature setting (the heating element is heated to the desired settings of Fig. 8, which applies the heat to the substrate; see paragraphs 63-64)(paragraph 69 “In a second phase 72, the temperature of the heating element is reduced to a second temperature 64” where the temperature change is controlled by the controller) a length of a second time period (Fig. 8, 72 and 74 together, which is the time period of t1 to t3) subsequent to the first time period (Fig. 8 where 72 is after 70). (length of t2; [0089]) subsequent to the first time period (figure 8 shows t2 is subsequent to t1). ([0020] discloses a combination of the options disclosed)
wherein the controlling of the operation of the heater includes controlling a heating profile of the heater in the second time period by controlling the length of the second time period based on the number of puffs indicated by the first puff information (length of t2; [0089]) ([0020] discloses a combination of the options disclosed)
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.
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kuczaj (US 20150208727 A1) in view of Raichman (WO 2019005526 A1).
Regarding claim 5, Kuczaj teaches the device of claim 2.
Kuczaj is silent wherein the controller is configured to control, based on the first puff information, the target temperature in the second period.
However, Raichman teaches wherein the controller is configured to control, based on the first puff information, the target temperature in the second time period (paragraph 115 “Alternatively, the target temperature to which the plant material is heated is dynamically updated on a puff- by-puff basis, i.e., with each inhalation, the control circuity calculates a target temperature to which the capsule should be heated for that inhalation”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller of Kuczaj so the controller is configured to control, based on the first puff information, the target temperature in the second period to adjust the vapor generation to a user’s preferences if they like a slower or faster inhalation and to accordingly conserve the amount of substrate being used (paragraph 123 “Dynamically adjusting the target temperature to which the capsule is heated as described hereinabove, may reduce loss of compound(s) prior to the beginning of inhalation. The lack of airflow prior to the inhalation will result in the target temperature to which the capsule is heated being relatively low, such as to reduce vaporization of the compound(s) prior to inhalation”).
Regarding claim 16, Kuczaj teaches the device of claim 13.
Kuczaj is silent wherein the controller is configured to control, based on the second puff information, the target temperature in the second period.
However, Raichman teaches wherein the controller is configured to control, based on the second puff information, the target temperature in the second period (paragraph 115 “Alternatively, the target temperature to which the plant material is heated is dynamically updated on a puff- by-puff basis, i.e., with each inhalation, the control circuity calculates a target temperature to which the capsule should be heated for that inhalation” wherein a second puff information is obtained after a first puff since the temperature is updated puff-by-puff).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller of Kuczaj so the controller is configured to control, based on the second puff information, the target temperature in the second period to adjust the vapor generation to a user’s preferences if they like a slower or faster inhalation and to accordingly conserve the amount of substrate being used (paragraph 123 “Dynamically adjusting the target temperature to which the capsule is heated as described hereinabove, may reduce loss of compound(s) prior to the beginning of inhalation. The lack of airflow prior to the inhalation will result in the target temperature to which the capsule is heated being relatively low, such as to reduce vaporization of the compound(s) prior to inhalation”).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kuczaj (US 20150208727 A1) in view of Lee (US 20240225124 A1).
Regarding claim 9, Kuczaj teaches the device of claim 1.
Kuczaj is silent wherein the first puff information includes information indicating a change in a puff interval in the first period.
However, Lee teaches wherein the first puff information includes information indicating a change in a puff interval in the first period (paragraph 43 “Also, the controller 110 detects puffs of a user and changes the predetermined temperature profile based on a time interval between the detected puffs”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller of Kuczaj so that the first puff information detected by the controller includes information indicating a change in a puff interval in the first period. It would be obvious to make this modification so that the device can generate constant amounts of aerosol and adjust according to a user’s inhalation pattern (see paragraph 7), which is represented by the puff intervals.
Regarding claim 10, modified Kuczaj teaches the device of claim 9.
Lee further teaches teach wherein the controller is configured to increase a temperature rising speed of the heater in the second period when the first puff information indicates that the puff interval becomes shorter with elapse of time (paragraph 48 “when the time interval between the puffs is short, the feedback control speed may be increased so that a decrease in temperature of the heater may be minimized, and recovery of the temperature of the heater may be accelerated”), and decrease the temperature rising speed of the heater in the second period when the first puff information indicates that the puff interval becomes longer with elapse of time (paragraph 48 “when the time interval between the puffs is long, the feedback control speed may be decreased so that a temperature decrease may be accelerated, and recovery of the temperature of the heater may be slowed down”).
Regarding claim 11, modified Kuczaj teaches the device of claim 9.
Lee further teaches wherein the controller is configured to increase the target temperature in the second period when the first puff information indicates that the puff interval becomes shorter with elapse of time (Fig. 8; paragraph 78 “In addition, when a time interval between puffs is short, a process to the next step of the predetermined temperature profile 800 is accelerated at approximately 25 seconds, which is after the fourth puff time point, to increase a high-temperature holding time. As shown, the temperature profile is changed so that the target temperature increases to maintain the temperature of 330 degrees without a decrease in the target temperature at approximately 25 seconds”), and decrease the target temperature in the second period when the first puff information indicates that the puff interval becomes longer with elapse of time (paragraph 78 “In contrast, when a time interval between puffs is long, a feedback control speed is decreased so that a holding time of a high-temperature interval is shortened” wherein the target temperature decreases at an earlier point in the period so that it no longer maintains the high temperature of the original profile).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kuczaj (US 20150208727 A1) in view of Lee (US 20240225124 A1) as applied above and in further view of Raichman (WO 2019005526 A1).
Regarding claim 12, modified Kuczaj teaches the device of claim 9.
Modified Kuczaj does not specifically teach wherein the controller is configured to decrease a length of the second period when the first puff information indicates that the puff interval becomes shorter with elapse of time, and increase the length of the second period when the first puff information indicates that the puff interval becomes longer with elapse of time.
However, Lee teaches the controller adjusting the length of a process or phase of the heater based on the interval between puffs (see paragraph 47). Additionally, Raichman teaches adjusting the vaporization rates based on a user’s preferences of slower or faster inhalation (see paragraph 123).
Thus, it would be obvious that the controller of Kuczaj as modified by Lee and Raichman is further modified and configured to decrease a length of the second period when the first puff information indicates that the puff interval becomes shorter with elapse of time, and increase the length of the second period when the first puff information indicates that the puff interval becomes longer with elapse of time. Raichman teaches slower supply of the substrate for users who prefer slower inhalation and fast vaporization rate for users who a prefer a faster release (paragraph 123). Thus, it would be obvious that a faster inhalation user has a shorter puff interval and thus the length of the second period decreases to increase the rate of vaporization of the substrate. The same applies for a slow inhalation user with longer puff intervals that would expect an increased length of a second period to generate a slower rate of vaporization.
Response to Arguments
Applicant’s remarks filed on 7/27/2026 have been considered. The arguments drawn to the 101 rejection have been considered and are persuasive. The 101 rejection is withdrawn. Similarly, the 112(b) rejections have been withdrawn.
With respect to amended claim 1, it is the examiner’s position that the prior art of Kuczaj reads on the amended language. The prior art discloses ending the first phase after a predetermined number of puffs as applicant has pointed out. The controller subsequently controls the length of the second time period as can be seen for example in figure 8. The prior art does not disclose adjusting the length of the second time period depending on the number of puffs in the first time period, but this is not claimed.
Allowable Subject Matter
Claim 3-4, 6, 8, 15 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Matsumoto et al (CA 2925647 C)
Matsumoto teaches an inhaler device (abstract; 100) comprising:
a heater (80) configured to heat a substrate (60) including an aerosol source to generate an aerosol (page 8, lines 8-9); and
a controller (50) configured to control, an operation of the heater (page 7, lines 27-30),
wherein the controller is configured to control, based on first puff information indicating the number of puffs of aerosol taken by a user in a first time period in a period (time it takes to reach threshold puffs as per page 16, lines 26-31) during which the substrate which is a single substrate (60) is heated based on the temperature setting, a length of a second time period (predetermined time as par page 16, lines 26-28) subsequent to the first time period (page 16, lines 26-31)
Matsumoto controls the power supplied to the heater (page 16, lines 6-12) and even increasing power during the first interval (page 16, lines 14-16) over time but does not explicitly disclose the controller controls an operation of the heater based on a temperature setting defining a time-series transition of a target temperature which is a target value of a temperature of the heater.
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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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/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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