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Claims 9-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6-5-2026.
Applicant’s election without traverse of group I in the reply filed on 6-5-2026 is acknowledged.
Claim Rejections - 35 USC § 112
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.
Claim 6 is 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 6 recites the limitation "the first smoking section" in line 1-2, however claim 6 depends from claim 1 and this limitation is introduced in claim 3. Therefore, it is unclear if claim 6 is introducing a new “the first smoking section” or if claim 6 is intended to depend from claim 3 where this limitation is introduced. Thus, there is insufficient antecedent basis for this limitation in the claim.
Similarly Claim 6 recites the limitation "the second smoking section" in line 3, however the claim 6 depends from claim 1 and this limitation is introduced in claim 3. Therefore, it is unclear if claim 6 is introducing a new “the second smoking section” or if claim 6 is intended to depend from claim 3 where this limitation is introduced. Thus, there is insufficient antecedent basis for this limitation in the claim. For the purposes of compact prosecution claim 6 is interpreted to depend from claim 3.
Allowable Subject Matter
Claims 1-5 and 7-8 are allowed.
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding Claim 1, Uthurry (US20210235770A1) teaches an aerosol generating device (see FIG 1) comprising:
a heater (24) configured to heat a cigarette (see [0101] and also [0103], see also FIG 2 which shows heater received into cigarette);
a temperature sensor configured to measure a temperature of the heater (see [0107] the controller determines the temperature of the heater by measuring resistance against calibrated reference curve, this controller functioning to determine temperature based on resistance against this curve is the temperature sensor);
a controller configured to: calculate a temperature increase time of the cigarette by using the temperature sensor (see [0107], the controller calculates the time the heater 18 takes to reach 100 degrees Celsius),
when the temperature increase time is less than the threshold value, supply power to the heater according to a default temperature profile (see [0013], Uthurry teaches that when the temperature increase time is less than the threshold value, power is supplied to the heater according to the default temperature profile), and
when the temperature increase time is greater than or equal to the threshold value, supply power to the heater according to a first correction profile (e.g., if the temperature increase time is greater a reduced rate or lower rate can be used for the heating profile [0015].
Uthurry fails to teach a timer configured to count a current date, set a threshold value based on the current date, and set a threshold value based on the current date, when the temperature increase time is less than the threshold value,
However, Hong (KR 20190051785A) teaches a similar smoking device with temperature profiles for heating up a heating element and teaches a timer configured to identify a time/season; (e.g., clock, the control unit 110 identifies the season and time through the time information functioning as a timer/clock and searches for the temperature profile from storage 170, [0084])
set (inputs) a threshold value based on the current time information/season, (see [0084], the temperature profile is set based on the current time information and the estimated external temperature),
However, the prior art fails to teach or suggest sets a threshold value based on the current date.
Claims 2-5 and 7-8 are allowed by virtue of their dependence on claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael T Fulton whose telephone number is (703)756-1998. The examiner can normally be reached Monday-Friday 7:00 - 4:30 ET.
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/M.T.F./Examiner, Art Unit 1755
/RUSSELL E SPARKS/Primary Examiner, Art Unit 1755
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