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 .
Election/Restrictions
Claims 11-25 and 27-29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 04/24/2026.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1, 2, 4-9 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bellinger (US 2015/0359263).
With respect to claim 1, Bellinger discloses the method claimed including activation of a heater (132) of an aerosol generating device (100) during a calibration procedure (para 0033 and 0034 which include a calibration of temperature of the heater) wherein the heater is configured to heat an aerosol generating material, obtaining or determining a first data corresponding to an electrical characteristic (e.g., resistance) of the heater at each of a plurality of calibration points (i.e., times at which the temperature via the electrical characteristic of the heater is measured; also, see Figures 3 and 8; and para 0033), obtaining or determining second data corresponding to temperature of the heater at said calibration points (as illustrated in Figure 3; also, see para 0033-0036), and populating a database (i.e., storing a calibration temperature-resistance pair in memory; para 0042) with information relating to the first and second data (e.g., 3 ohms and 188.2º C, respectively, as shown in para 0042).
With respect to claim 2, Bellinger discloses the information relating to the first and second data comprising the first and second data (e.g., 3 ohms and 188.2º C, respectively).
With respect to claims 4 and 7, Bellinger discloses determining a relationship between the electrical characteristic and the temperature of the heater as illustrated in Figure 8 wherein the relationship is determined to be proportionally related formula, i.e., higher the resistivity, higher the temperature, as the formula describing the relationship. Also, see para 0033 and Figure 8.
With respect to claim 5, Bellinger discloses the relationship between the electrical characteristic and the temperature of the heater is a temperature profile (as illustrated in Figure 8; also, see para 0033).
With respect to claims 6 and 8, Bellinger discloses the relationship between the electrical characteristic and the temperature of the heater that comprises updating an existing temperature profile as the heater resistance is repeatedly measured/monitored and updating the temperature value or profile as illustrated in Figure 3. Also, see para 0036.
With respect to claim 9, Bellinger discloses controlling the activation of the heater wherein the heater heats the aerosol generating device from a first temperature (a low ambient temperature) at a lower of a defined temperature range (i.e., from an ambient temperature to a boiling point of the aerosol material) to a second temperature (an upper boiling temperature) at an upper end of the defined temperature range. Also, see para 0051.
With respect to claim 26, Bellinger discloses the electrical characteristic is an electrical resistance of the heater. Also, see para 0033.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bellinger (US 2015/0359263) in view of Sur (US 2020/0278707; hereinafter Sur ‘707).
Bellinger discloses the method claimed including a stored information or database with information relating to the first data (electrical characteristic) and a second data (relating to the temperature of the heater) but does not disclose for the database comprising a lookup table.
Sur ‘707 discloses it is known to provide an information relating to the resistance of the heater and the temperature of the heater stored in a lookup table in a memory wherein the temperature of the heater can be determined based on the resistance of the heater (para 0130).
In view of Sur ‘707, it would have been obvious to one of ordinary skill in the art to adapt Bellinger with the database including a lookup table in the memory as a suitable and adequate form of the database which predictably allows for determining the temperature of the heater based on the electrical characteristic (i.e., electrical resistance) of the heater as known in the art.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bellinger (US 2015/0359263) in view of Sur (US 2021/0127455; hereinafter Sur ‘455).
Bellinger discloses the method claimed including a temperature sensor (126) for determining a temperature resistance of the heater (also, para 0043-0044 which further discloses that the temperature sensor is not limited to any particular sensor) but does not show that the temperature sensor is a non-contact temperature sensor.
Sur ‘455 discloses it is known to provide a temperature such as an infrared sensor which is known to be a non-contact temperature sensor for measuring temperatures (para 0018-0019).
In view of Sur ‘455, it would have been obvious to one of ordinary skill in the art to adapt Bellinger with the temperature sensor that includes non-contact sensor such as an infrared sensor as an alternative known temperature sensor that can also effectively and suitable measure temperature as known in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761
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