DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to applicant’s amendment and remarks August 18, 2026. Applicant elects claims 1-3, 5-9, and 11-12. Claims 13-15 were previously withdrawn.
Election/Restrictions
Claims 13-15 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected operating method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 24, 2026.
Applicant’s right to file a divisional is acknowledged.
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 1-3, 5, 7-9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200229501 A1 (hereinafter HAN) in view of US 20170027229 A1 (hereinafter CAMERON).
Regarding claim 1, HAN discloses an aerosol generating device with a heater and a pressure detection sensor (abstract). HAN discloses a housing (Fig. 4A, case 10001, ¶85) including an opening (Fig. 4A, insertion portion 10003, ¶85) for receiving an aerosol generating article (Fig. 4A, cigarette 20000, ¶85); a heater assembly (¶55-¶56). HAN discloses that the heater assembly includes a resistive heater, an electrically conductive track (¶56) and may include additional components (¶57). HAN discloses that the heater assembly is located inside the housing and comprising an accommodation space (the cigarette is inserted into an inner space ¶47) for accommodating the aerosol generating article that is inserted through the opening. HAN further discloses a heater (Fis 4A-4B, heater 13000, ¶47, ¶56) configured to heat the aerosol generating article that is inserted into the accommodation space to generate an aerosol (¶8, ¶57).
HAN further discloses an airflow passage (¶8, ¶23-¶24), located between the housing and the heater assembly to allow an outside of the aerosol generating device to fluid-communicate with an inside of the accommodation space.
HAN further discloses a pressure sensor located at a first passage that branches off from the airflow passage in a direction away from the heater assembly and configured to detect a pressure change in the airflow passage. As shown in Fig. 4A, Han discloses a separate air flow passage (Fig. 4A, pressure detection passage 58, ¶90). HAN discloses that the pressure sensor 60 is in the pressure detection passage so that the pressure detection sensor detects the inhale pressure generated by a puff (¶90). HAN discloses that this separate passage prevents liquid from being introduced to the sensor (¶60).
HAN does not disclose a temperature sensor located at a second passage that branches off from the airflow passage in a direction away from the heater assembly, separate from the first passage, and configured to detect a temperature change in the airflow passage; a processor electrically connected to the pressure sensor and the temperature sensor and configured to output a notification of a user's puff action based on the pressure change and the temperature change of the airflow passage.
CAMERON teaches an electronic vapor device for vaporizing a vaporizable material and a method for determining a quantity of vaporizable material to display the number of inhalations remaining (abstract). CAMERON teaches a flow sensor to detect resultant pressure (¶67). CAMERON teaches a temperature sensor for measuring the gas (¶69). CAMERON teaches that the flow sensor is configured to sense at least one of a length, a duration, a volume and a pressure draw of a puff (¶48). CAMERON teaches the sensor is configured to provide puff data relative to the puff to the processor, and the processor is configured to count a number of puffs and to utilize the puff data to determine a number of puffs remaining in the device (¶48). CAMERON teaches a method where a baseline number of puffs is known and the method is able to recalibrate based on number of puffs taken (¶206). CAMERON teaches that an input/output device can be used where the user can selectively select a desired smoothness, temperature, and/or range of temperatures that is able to be adjusted (¶75). CAMERON teaches that this is done through a graphical user interface (¶75). CAMERON further teaches that the temperature can be set to ensure the coolest feeling but to not present any heater risk (¶76).
CAMERON further teaches that the device can comprise a touchscreen display (¶60). CAMERON teaches that user inputs to the display are process by the input/output device and/or the processer to process new content and communicate (¶60). CAMERON teaches that the input/output device can display information to a user such as a puff count (¶60, ¶112). CAMERON further teaches that when a user draws on an outlet the flow sensor can detect the resultant pressure and provide a signal to the processor (¶48, ¶67, ¶78). CAMERON also teaches a thermal sensor to detect temperature changes (¶87, ¶105). In turn this data is available for outputting to the user (Fig. 10, ¶60, ¶112) and calculating the number of puffs remaining (¶112, ¶147-¶148)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HAN to provide a temperature sensor located at a second passage that branches off from the airflow passage in a direction away from the heater assembly, separate from the first passage, and configured to detect a temperature change in the airflow passage; a processor electrically connected to the pressure sensor and the temperature sensor and configured to output a notification of a user's puff action based on the pressure change and the temperature change of the airflow passage as taught in CAMERON. A person of ordinary skill in the art would obviously use the various sensors, including temperature and pressure. Further a person of ordinary skill in the art would locate the temperature sensor in a separate channel. Doing so would prevent a liquid leak from being introduced to the temperature sensor (See HAN ¶90). These installed sensor would evaluate puffs (HAN ¶4) within the processor to then calculate and display a number of remaining puffs (CAMERON ¶48). Since CAMERON teaches a known temperature and a range of temperatures that is then dynamically compared to actual temperature to ensure save vaporization this is a teaching of comparing a value, to a designated value (CAMERON ¶75-¶76). This action would both display remaining usage and provide information regarding vaporization temperatures to safeguard the user (CAMERON ¶76, ¶147).
Further, a person of ordinary skill in the art would obviously make use of a touchscreen display to communicate puff information to the user. Doing so would improve device operability and allow for recommendations to the user regarding function or amount of puffs remaining (CAMERON ¶147-¶148, ¶156). This information can be communicated to clubs through networks to facilitate encouragement and support from members of the club or communicated to a physician to monitor a dosing regimen (¶153). This display can also assist the user with when to purchase additional products (¶136) and help with conserving and budgeting how much material will last until the purchase of a next refill (¶176).
Regarding claim 2, modified HAN discloses the aerosol generating device of claim 1 as discussed above. HAN further discloses wherein the airflow passage is arranged to connect an air inlet (Figs. 9A-9B, air vent 10002, ¶89) formed in the housing to an air outlet (Figs. 9A-9B, first end portion, ¶89) formed in the accommodation space, such that air outside the aerosol generating device is introduced into the airflow passage through an air inlet, moves through the airflow passage, and flows into the accommodation space through the air outlet.
Regarding claim 3, modified HAN discloses the aerosol generating device of claim 1 as discussed above. HAN further discloses the airflow passage is separated from the accommodation space by a designated distance (Figs. 5-6, ¶96). HAN discloses that the arrangement of the mainstream smoke passage and the pressure detection passage is designed to ensure a sufficient amount of air and aerosol may be inhaled (¶96). This reads upon “a designated distance”.
Regarding claim 5, modified HAN discloses the aerosol generating device of claim 1 as discussed above. HAN does not disclose the heater assembly further comprises a heat insulating structure arranged to surround an outer circumferential surface of the heater to seal the heater and configured to insulate heat generated by the heater.
CAMERON teaches an electronic vapor device for vaporizing a vaporizable material and a method for determining a quantity of vaporizable material to display the number of inhalations remaining (abstract). CAMERON teaches that the vapor device can comprise a heat casing 126. The heat casing can enclose the container and is made of ceramic, metal, and/or porcelain (¶70). CAMERON teaches that the heat casing can serve an insulation role (¶70, ¶102). CAMERON teaches that insulation can be incorporated to as needed to maintain the integrity of heating and cooling and selectively moved within the vaporizer to control the temperature of the air mixing with the vapor (¶107).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HAN to the heater assembly further comprises a heat insulating structure arranged to surround an outer circumferential surface of the heater to seal the heater and configured to insulate heat generated by the heater as taught in CAMERON. A person of ordinary skill in the art would obviously provide insulation in a heating vaporization system. Doing so would maintain the integrity of heating and cooling as well as absorbing unwanted condensation (¶107).
Regarding claim 7, modified HAN discloses the aerosol generating device of claim 1 as discussed above. HAN does not disclose the processor is configured to determine that there is no occurrence of the user's puff action before a designated time elapses from a start of an operation of the heater, regardless of the pressure change and the temperature change.
CAMERON teaches that the processor can determine processing conditions and take action (¶199). This can be done based on puff data or if a user is taking too strong of puffs (¶199). The processor can also limit usage based on a command gate based on time and also go into a power conservation mode (¶199).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HAN to provide the processor is configured to determine that there is no occurrence of the user's puff action before a designated time elapses from a start of an operation of the heater, regardless of the pressure change and the temperature change as taught in CAMERON. CAMERON teaches that puff data is collected and assessed to control the vaporization device (¶199). CAMERON teaches that from the start of the operation of a heater if no puffs occur the processor will go into power conservation mode (¶199). A person of ordinary skill in the art would configure the process to determine no puffs being taking within an amount of time and take action such as entering power conservation mode to save battery (CAMERON ¶199).
Regarding claim 8, modified HAN discloses the aerosol generating device of claim 1 as discussed above. HAN does not disclose the processor is configured to output the notification of the user's puff action, when a pressure drop of the airflow passage is greater than or equal to a first designated value.
CAMERON teaches an electronic vapor device for vaporizing a vaporizable material and a method for determining a quantity of vaporizable material to display the number of inhalations remaining (abstract). CAMERON further teaches that when a user draws on an outlet the flow sensor can detect the resultant pressure and provide a signal to the processor (¶48, ¶67, ¶78). CAMERON teaches that the sensor is configured to sense at least one of a length, a duration, a volume and a pressure draw of a puff (¶48). CAMERON teaches the sensor is configured to provide puff data relative to the puff to the processor, and the processor is configured to count a number of puffs and to utilize the puff data to determine a number of puffs remaining in the device (¶48). CAMERON teaches a method where a baseline number of puffs is known and the method is able to recalibrate based on number of puffs taken (¶206). CAMERON further teaches that the device may be configured to display a relative rate of vaporization based on this information (¶50). CAMERON teaches that the device is able In turn this data is available for outputting to the user (Fig. 10, ¶60, ¶112) and calculating the number of puffs remaining (¶112, ¶147-¶148)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HAN to provide that the processor is configured to output the notification of the user's puff action, when a pressure drop of the airflow passage is greater than or equal to a first designated value as taught in CAMERON. A person of ordinary skill in the art would obviously use the sensor that is evaluating puffs within the processor to then calculate and display a number of remaining puffs. Since CAMERON teaches a known baseline that is then dynamically compared to actual puff data to calculated remaining usage or usage rate this is a teaching of comparing a value, pressure drop, to a designated value (CAMERON ¶206). A person of ordinary skill would obviously use the pressure sensor data to compare actual usage to predicted usage because that would enable a calculation to determine amount of usage time and display it to the user (¶191). Doing so would improve device operability and allow for recommendations to the user regarding function or amount of puffs remaining (CAMERON ¶147-¶148, ¶156).
Regarding claim 9, modified HAN discloses the aerosol generating device of claim 1 as discussed above. HAN does not disclose the processor outputs the notification of the user's puff action, when a temperature drop of the airflow passage is greater than or equal to a second designated value.
CAMERON teaches an electronic vapor device for vaporizing a vaporizable material and a method for determining a quantity of vaporizable material to display the number of inhalations remaining (abstract). CAMERON teaches that an input/output device can be used where the user can selectively select a desired smoothness, temperature, and/or range of temperatures that is able to be adjusted (¶75). CAMERON teaches that this is done through a graphical user interface (¶75). CAMERON further teaches that the temperature can be set to ensure the coolest feeling but to not present any heather risk (¶76). CAMERON teaches that the displayed indication of remaining eLiquid can be based on data from one or more sensors including temperature sensors (¶169).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HAN to provide the processor outputs the notification of the user's puff action, when a temperature drop of the airflow passage is greater than or equal to a second designated value as taught in CAMERON. A person of ordinary skill in the art would obviously use the various sensors, including temperature and pressure, that is evaluating puffs within the processor to then calculate and display a number of remaining puffs. Since CAMERON teaches a known temperature and a range of temperatures that is then dynamically compared to actual temperature to ensure save vaporization this is a teaching of comparing a value, to a designated value (CAMERON ¶75-¶76). This action would both display remaining usage and provide information regarding vaporization temperatures to safeguard the user (CAMERON ¶76, ¶147).
Regarding claim 10, modified HAN discloses the aerosol generating device of claim 1 as discussed above.
Regarding claim 11, modified HAN discloses the aerosol generating device of claim 10 as discussed above. HAN does not disclose the processor is configured to output the notification of a user's puff action, when a pressure drop of the airflow passage is greater than or equal to a first designated value and a temperature drop of the airflow passage is greater than or equal to a second designated value.
CAMERON teaches an electronic vapor device for vaporizing a vaporizable material and a method for determining a quantity of vaporizable material to display the number of inhalations remaining (abstract). CAMERON teaches a flow sensor to detect resultant pressure (¶67). CAMERON teaches a temperature sensor for measuring the gas (¶69). CAMERON teaches that the flow sensor is configured to sense at least one of a length, a duration, a volume and a pressure draw of a puff (¶48). CAMERON teaches the sensor is configured to provide puff data relative to the puff to the processor, and the processor is configured to count a number of puffs and to utilize the puff data to determine a number of puffs remaining in the device (¶48). CAMERON teaches a method where a baseline number of puffs is known and the method is able to recalibrate based on number of puffs taken (¶206). CAMERON teaches that an input/output device can be used where the user can selectively select a desired smoothness, temperature, and/or range of temperatures that is able to be adjusted (¶75). CAMERON teaches that this is done through a graphical user interface (¶75). CAMERON further teaches that the temperature can be set to ensure the coolest feeling but to not present any heather risk (¶76). CAMERON further teaches that the sensors can be used to provide an alert to the user (¶90).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HAN to provide processor is configured to output the notification of a user's puff action, when a pressure drop of the airflow passage is greater than or equal to a first designated value and a temperature drop of the airflow passage is greater than or equal to a second designated value as taught in CAMERON. A person of ordinary skill in the art would obviously use the various sensors, including temperature and pressure, that is evaluating puffs within the processor to then calculate and display a number of remaining puffs. Since CAMERON teaches a known temperature and a range of temperatures that is then dynamically compared to actual temperature to ensure save vaporization this is a teaching of comparing a value, to a designated value (CAMERON ¶75-¶76). A person of ordinary skill in the art would use these calculations by the processors to provide an alert to the user. Doing so would inform the user that sensed conditions have change an allow for action to be taken (CAMERON ¶90).
Regarding claim 12, modified HAN discloses the aerosol generating device of claim 11 as discussed above. HAN does not disclose a display, wherein the processor is configured to control the display to display the notification of the user's puff action.
CAMERON teaches an electronic vapor device for vaporizing a vaporizable material and a method for determining a quantity of vaporizable material to display the number of inhalations remaining (abstract). CAMERON teaches that the device can comprise a touchscreen display (¶60). CAMERON teaches that user inputs to the display are process by the input/output device and/or the processer to process new content and communicate (¶60). CAMERON teaches that the input/output device can display information to a user such as a puff count (¶60, ¶112). CAMERON teaches that information from the processor can be provided to the user via a display (Fig. 10, ¶112 and Fig. 14, ¶152).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HAN to provide a display, wherein the processor is configured to control the display to display the notification of the user's puff action as taught in CAMERON. A person of ordinary skill in the art would obviously provide a display to display the notification of user’s purr action and amount of puffs remaining. Doing so would inform the user of amount of puffs remaining (CAMERON ¶152) and assist with management of vaporizable material (¶176).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over HAN and CAMERON as applied to claim 1 above and in further view of US 20200060348 A1 (hereinafter MIRONOV).
Regarding claim 6, HAN discloses the aerosol generating device of claim 1 as discussed above. HAN further discloses the heater comprises: a coil (¶57) and a susceptor (¶57) configured to heat the aerosol generating article that is inserted into the accommodation space by generating heat (¶57).
HAN does not disclose that the coil heats in response to the alternating magnetic field generated by the coil.
MIRONOV teaches an aerosol generating device with a receiving sleeve for receiving and heating an aerosol forming substrate (abstract). MIRONOV teaches that the electrical heater uses an inductor coil (¶27-¶28) that is heated by means of an alternating electromagnetic field that generates eddy currents and/or hysteresis losses (¶26). MIRONOV teaches that this type of heating is advantageous because it does not require any wiring of the susceptor and thus allows for contactless heating (¶26).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HAN to provide that the coil heats in response to the alternating magnetic field generated by the coil as taught in MIRONOV. A person of ordinary skill in the art would immediately recognize that induction heating with a coil is achieved through alternating magnetic fields to produce heat. Using the method of heating would be desired because it advantageously does not require wiring and allows for contactless heating (MIRONOV ¶26).
Response to Arguments
Applicant's arguments filed August 18, 2026 have been fully considered but they are not persuasive.
Applicant argues,
Thus, while Cameron discloses a sensor for detecting a puff based on, e.g., a pressure draw and separately discloses various types of thermal sensors, Cameron does not disclose any particular arrangement of the pressure sensor and the thermal sensor relative to an airflow passage and a heater assembly….”the claimed arrangement is not merely an arbitrary placement of the pressure sensor and the temperature sensor. By providing "a pressure sensor located at a first passage that branches off from the airflow passage in a direction away from the heater assembly" and "a temperature sensor located at a second passage that branches off from the airflow passage in a direction away from the heater assembly, separate from the first passage," the pressure sensor and the temperature sensor may be spaced apart from each other and positioned away from the heater assembly. Such an arrangement may reduce the influence of heat generated by the heater assembly on the respective sensors while also reducing degradation in detection performance caused by noise between the sensors. As a result, the claimed arrangement may improve the accuracy of detecting a user's puff action.
HAN discloses broadly that the device comprises elements beyond the battery, controller, and heater specifically one or more sensors (¶67). With regards to the pressure detection sensor 60, as shown in at least Fig. 4A, this sensor is located at a passage (pressure detection passage 58) that branches off from the airflow passage away from the heater 13000. Therefore HAN expressly teaches the parts to be arranged as in the instant application.
With regards to the temperature sensor, HAN is silent as to the exact location of the temperature detection sensor. However, it is reasonable that a person of ordinary skill in the art would locate the sensor in a place away from the heater, especially in view of the teaching of HAN to locate the sensors in a separate passage to avoid contact with liquid (HAN ¶90). CAMERON discloses that one or more sensors (including thermal sensors) can determine a status of one or more components of the vapor device (¶78). CAMERON discloses that the processor can cause the vaporizer to generate an amount of vapor and the characteristic thereof (¶79). Specifically, CAMERON discloses that the temperature of the air mixing with the vapor should be controlled and regulated (¶107). A person of ordinary skill in the art would obviously rearrange the sensors to provide the control disclosed in CAMERON and avoid liquid contacting the sensors (HAN ¶90) with predictable results.
Further, courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C. Applicant places no criticality or necessity to the branches only stating that the sensor may be at a first passage that branches off (¶139). This bolsters that a person of ordinary skill in the art would rearrange the sensors and add sensors to provide control at the various locations on the device.
Conclusion
Applicant's amendment necessitated the restatement of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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