CTNF 18/562,552 CTNF 85496 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions 08-25-01 AIA Applicant’s election without traverse of Group I, claims 1-13 , in the reply filed on 4/27/2026 is acknowledged. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 7-13 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 7 recites "the cigarette further includes a second color band having different colors according to types of the cigarette." Additionally, claims 8 and 9 recite first, second, and third types of cigarettes. Examiner notes that claim 1 recites an aerosol generating system comprising "a cigarette" (singular) in line 2 (claims 6 and 7 also only refer to "the cigarette"). One of ordinary skill in the art is not reasonably apprised of the metes and bounds of the claim limitation. The recitation of a second color band having different colors for different types of cigarettes implies that there are multiple cigarettes yet the system claim only refers to "a cigarette." For example, would a single cigarette type with a second color band satisfy the claim or must there be multiple cigarette types with multiple colors? As to claims 8 and 9, multiple cigarette types are recited but the claimed system only refers to a/the cigarette. It is unclear how many cigarettes are required in the claimed system. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1 and 3 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Lee (WO2022158775) . Regarding claim 1, Lee discloses an aerosol generating system comprising: a cigarette having a first color band of which color changes in response to humidity (see stick 40 having marker 46 that changes color when wetted ([0167-0171,0183]); and an aerosol generating device (see Figs. 1, 16) including: a main body including an accommodation passage for accommodating the cigarette (see container 10 with inner wall 12 for space for cigarette stick 40): a heater configured to heat the cigarette (see heater 32); a color sensor arranged on one side of the accommodation passage and configured to detect a color of the first color band (see color sensor 62, [0174]); and a controller configured to determine a humidity state of the cigarette, based on the detected color of the first color band ([0184,0188,0204]; controller determines if cigarette has been wetted based on color change--thus, it determines a humidity state). Regarding claim 3, Lee discloses the controller determines if the cigarette is 'new' (i.e., normal) or 'used' (excessively wetted) based on the color of the band ([0183-0185,0204]) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO2022158775) in view of Liu (US 20150000683) . Regarding claim 2, Lee discloses a color changing band but does not disclose the band as including litmus; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the band with litmus since Liu, similarly directed towards a cigarette, discloses providing a cigarette with a band of variable color material 20 containing litmus to indicate whether the cigarette has been used before ([0045]) . 07-21-aia AIA Claim s 1, 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20220091144, with US 20240298710 as English equivalent) in view of Lee (WO2022158775) and Leadley (US 20230389607) . Regarding claim 1, Han discloses an aerosol generating system (device 100, Fig. 2A) comprising: a cigarette (see cigarette 201]); and an aerosol generating device (device 100) including: a main body including an accommodation passage for accommodating the cigarette (see main body 210 with housing 215 forming an inner space for cigarette 201, [0074]); and a heater configured to heat the cigarette (see heater 220). Han discloses an optical moisture detection sensor 500 on one side of the accommodation passage that outputs a signal to a controller 170 to determine the amount of moisture contained in the cigarette ([0107-0120]). Han discloses the optical sensor is based on reflectivity and does not disclose a color band that changes in response to humidity on the cigarette or that the detection sensor/controller is based on reading a color. In the same field of endeavor of electronic cigarette devices, Lee discloses providing a color band around a cigarette stick (see marker 46, [0167-0171]) wherein the color of the color band changes in response to moisture ([0183]). Lee further discloses the device has a color sensor 62 which detects the color and a controller that determines if the cigarette is wetted based on color change ([0184,0188,0204--thus, it determines a humidity state). Additionally, Leadley, similarly directed towards aerosol generating devices, teaches an optical sensor/controller for detecting a moisture status based on an optical value such as color, light reflectance value, lumen value, or lux value ([0120]). Leadley further teaches providing a hydrochromic material that is configured to change color when exposed to moisture to significantly increase the effectiveness of the optical sensor in so far as it may create a much greater contrast in color between conditions when the measured element is wetted or in a dry-out status ([0137, 0133]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the moisture sensor system in Han to employ a cigarette with a color band that changes in response to humidity and an optical sensor/controller to detect changes in color to determine humidity since: (1) Lee discloses configuring a cigarette with a color band and an aerosol generating device with a color sensor to determine moisture levels within the cigarette stick ([0167-0171,0183,0184,0188,0204]); and (2) Leadley discloses determining moisture content based on measured optical values wherein color is an art recognized alternative to reflectivity ([0120]) and that the use of a hydrochromic material together with an optical sensor that detects changes in color provides a significant increase in effectiveness for the sensor since the color changes provide greater visual contrast between moisture conditions ([0137,0133]). One would have been motivated to modify the moisture detection system in Han with a color based change to improve efficiency of the optical sensor since color based changes provide greater optical contrast (see Leadley, [0137,0133]). Regarding claims 3-5, Han discloses detecting moisture levels and providing different heating profiles (Figs. 7, 8) based on the determined moisture content ([0134-0144]). Low moisture is construed as the claimed "normal cigarette" whereas high moisture is construed as the "excessively moist cigarette." The Fig. 7 profile has a longer preheating period (P1) . 07-22-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20220091144, with US 20240298710 as English equivalent) in view of Lee (WO2022158775) and Leadley (US 20230389607) as applied to claim 1 above, and further in view of Han-2 (KR2021-0158260, with US 20230118486 as English equivalent) . Regarding claim 6, Han does not expressly detail the sections of the cigarette; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the cigarette as claimed since Han-2, similarly directed towards a cigarette for an aerosol generating system, discloses providing a cigarette with an aerosol generating unit (11), a tobacco filling unit (12), a cooling unit (13), a mouthpiece (filter 14), and wrapper (15) ([0027,0039,0048]), said cigarette structure providing improved cooling performance and flavor persistence ([0007]). As to the location of the first color band, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have formed the color band on a region of packaging material corresponding to the tobacco filling unit Han discloses providing a plurality of moisture detection sensors along the cigarette ([0129]) and it would have been obvious to position a color band / sensor along the tobacco filling unit to determine the moisture content of the tobacco contained therein . 07-22-aia AIA Claim s 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20220091144, with US 20240298710 as English equivalent) in view of Lee (WO2022158775), Leadley (US 20230389607), and Han-2 (KR2021-0158260, with US 20230118486 as English equivalent) as applied to claim 1 above, and further in view of Lee-2 (US 20220264943) . Regarding claims 7-9, Han does not disclose a second color band having different colors according to types of the cigarette; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the cigarette with a second color band since Lee-2, similarly directed towards an aerosol generating system, teaches providing identification elements based on color to indicate the type of aerosol generating material contained in the cigarette, the elements being detectable by sensors on the device to control heating profiles ([0031,0037,0107,0130-0132]). Han discloses the cigarettes may contain different types of tobacco material, including cut, granulated, and nicotine liquid ([0031-0032]). Examiner notes that the claim recites a system with a cigarette (singular) and that it is unclear how the recitation of multiple types of cigarettes limits the structure of the system. Regarding claim 10, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the controller to operate the heater with a temperature profile corresponding to colors of the first color band and second color band since Han discloses controlling the heating profile based on moisture detection (longer/shorter pre-heating; [0134-0144]) and Lee-2 discloses selecting heating profiles based on the type of cigarette ([0037]). Regarding claim 11, Lee-2 discloses providing the identification patterns on the segments containing tobacco ([0073-0074]). Regarding claims 12 and 13, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have overlapped the first and second color band in the thickness direction since Lee-2 discloses identification bands on a cigarette can be overlapped with the sensors detecting and synthesizing results based on measuring the overlapped bands ([0123-0132]). Further, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to employ a mesh shape since Lee-2 discloses particular patterns can be used to distinguish bands ([0074]) and a mesh is a well known and conventional pattern type. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST. 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, Anna Momper can be reached at (571) 270-5788. 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. /ROBERT C DYE/Primary Examiner, Art Unit 3619 Application/Control Number: 18/562,552 Page 2 Art Unit: 3619 Application/Control Number: 18/562,552 Page 3 Art Unit: 3619 Application/Control Number: 18/562,552 Page 4 Art Unit: 3619 Application/Control Number: 18/562,552 Page 5 Art Unit: 3619 Application/Control Number: 18/562,552 Page 6 Art Unit: 3619 Application/Control Number: 18/562,552 Page 8 Art Unit: 3619 Application/Control Number: 18/562,552 Page 9 Art Unit: 3619
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