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
Applicant’s amendment to claims 10-11 and supporting remarks filed 08/12/2026 (“Amendment”) have been entered. Accordingly, the claim objections are withdrawn. The claim rejections under 35 USC 103 are maintained. Claims 1-15 remain pending and are examined herein.
Response to Arguments
Applicant's arguments regarding the rejections under 35 USC 103 (Amendment p. 5-9) have been fully considered but they are not persuasive.
Applicant argues that independent claim 1 is patentable over Lee and Lee II because (1) Lee II does not teach or suggest resetting sensors “in response to a sensing signal output from the insertion detection sensor” as claimed (Amendment p. 5-6), (2) the Action improperly equates Lee II’s resetting sensors “before actual use” to the specific claim language “in response to a sensing signal output from the insertion detection sensor” (Amendment p. 6), and (3) Lee II does not teach a device into which a cigarette is inserted (Amendment p. 7).
Regarding (1-3), the Examiner respectfully disagrees because the arguments essentially attack Lee II while ignoring the combination of Lee and Lee II set forth in the rejection. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Applicant is correct that Lee II does not explicitly disclose insertion of a cigarette, does not disclose a cigarette insertion detection sensor, and does not disclose resetting specifically in response to a signal from such a sensor as claimed. However, as set forth in the rejection, Lee II discloses resetting sensors immediately preceding their actual use, and Lee discloses a cigarette insertion detection sensor. It would be obvious to reset Lee’s puff and/or temperature sensors upon receiving a signal from its cigarette insertion detection sensor, because this is an event preceding actual use, similar to the events described by Lee II preceding actual use (such as the slider/cover position change). This similarity would be readily apparent to one of ordinary skill in the art reading Lee and Lee II. The person of ordinary skill in the art possesses ordinary knowledge, skill, and creativity, and is capable of applying the principles of one reference to the sensors of another reference. The modification of Lee does not result from impermissible hindsight, but rather from the obvious application of Lee II’s resetting principle to Lee’s device.
Applicant further argues that independent claims 5 and 11 are patentable over Jung and Lee II because Lee II generically teaches resetting “other sensors” but does not specifically teach resetting both an insertion detection sensor and a temperature sensor together based on the heater not being activated while in the ON mode (Amendment p. 7-8). The Examiner respectfully disagrees. Jung teaches resetting its insertion detector 160 [0197, 0242] and Lee II teaches resetting “other electronic devices or sensors at the time when the user is actually about to use the aerosol generating device” [0113] (which includes Lee II’s temperature sensor), and thus in modified Jung, one of ordinary skill in the art would be motivated to reset both sensors at the same time before actual use. Furthermore, Lee II teaches resetting sensors before actual use and teaches the operation mode and the sleep mode; one of ordinary skill would recognize that placing the device into the operation mode but not yet activating the heater is a scenario preceding actual use, and would therefore reset the sensors in such scenario. Lee II does not explicitly teach this exact scenario, but Lee II’s resetting principle would motivate one of ordinary skill to reset the sensors in this scenario.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2020/0359693 A1, of record, previously cited) in view of Lee II (US 2022/0183382 A1, of record, previously cited).
Regarding claim 1, Lee is directed to an aerosol generating apparatus including an inlet through which a cigarette is inserted (Abstract), which reads on an “aerosol generating device configured to allow a cigarette to be inserted thereinto”. The device 10000 may include a heater 13000 (“heater”) for heating the cigarette 20000 ([0047], Figs. 1-2), a temperature detecting sensor (“temperature sensor”), a cigarette insertion detecting sensor (“insertion detection sensor”) and a puff detecting sensor (“puff sensor”) [0055]. Lee also discloses a controller 12000 for controlling the device 10000 and components thereof [0041], but fails to disclose the controller 12000 being “configured to reset at least one of the temperature sensor and the puff sensor in response to a sensing signal output from the insertion detection sensor”.
Lee II is directed to an aerosol generating device and operation method thereof (Title). The device includes a controller 460 which resets a puff detection sensor 430 upon determining that the device is in use, for instance by detecting that a cartridge is exposed based on the position of a slider 7, detecting opening of a cover, or detecting the device turning on [0018, 0106-8]. Lee II explains that such puff sensors need to be frequently reset to reduce errors caused by environmental changes, but should only be reset before actual use to conserve power [0003-5, 0113]. One of ordinary skill in the art would recognize that Lee II’s principle of resetting the puff detection sensor 430 before actual use could similarly be applied to Lee, for instance by configuring Lee’s controller 12000 to reset the puff detecting sensor upon detection of an inserted cigarette 20000 by the insertion detection sensor (which reads on “configured to reset at least one of the temperature sensor and the puff sensor in response to a sensing signal output from the insertion detection sensor”), because this is an event immediately preceding actual use of the device, similar to the examples provided by Lee II at [0107].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Lee by configuring the controller 12000 to reset the puff detecting sensor upon detection of an inserted cigarette 20000 by the insertion detection sensor, because Lee and Lee II are directed to aerosol generating devices, Lee II teaches advantageously resetting a puff detection sensor 430 before actual use which one of ordinary skill would recognize should be similarly applied to Lee’s puff detecting sensor, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 2, Lee discloses the controller 12000 and puff detecting sensor as set forth above, but fails to specifically disclose a “pressure sensor” and fails to disclose “the controller is further configured to reset a reference value of the pressure sensor”.
Lee II discloses resetting the puff detection sensor 430 as set forth above. Lee II further discloses that the puff detection sensor 430 may be a pressure sensor (“pressure sensor”) and the resetting may include resetting a reference value of the pressure sensor 420 (“the controller is further configured to reset a reference value of the pressure sensor”) [0109-0110].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to further modify Lee by selecting a pressure sensor as the puff detecting sensor and configuring the controller 12000 to reset a reference value of the pressure sensor, for the same reasons as set forth above in the discussion of claim 1.
Regarding claim 3, Lee discloses a display (“output unit”) capable of outputting visual information [0055], but fails to disclose the controller 12000 being configured to control the display to “display a notification of a reset failure when at least one of the temperature sensor and the puff sensor fails to be reset”.
Lee II discloses a user interface 440 for providing the user with information about the state of the aerosol generating device 400 [0087]. Lee II further discloses displaying a notification according to a sensing result from the sensor 430 [0083]. It would be similarly obvious to display a notification that the sensor 430 has failed to reset, both because Lee II teaches displaying a notification pertaining to the sensing result, and because displaying notifications on a user interface is generally well-known in the art of electronic vaporization devices.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to further modify Lee by configuring the display and the controller 12000 to display a notification when the puff detection sensor fails to reset, for the same reasons as set forth above in the discussion of claim 1, and because Lee II teaches displaying a notification according to a sensing result, and displaying such information is generally well-known in the art.
Regarding claim 4, Lee discloses using the heater 13000 to increase a temperature of an aerosol generating material in the cigarette 20000 [0043], and discloses that the heater 13000 may be heated to a desired temperature which may be pre-set or set by a user [0044], which reads on “wherein the controller is further configured to control the heater to start a heating operation according to a predetermined temperature profile when the cigarette is inserted”.
Claims 5-7 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 2021/0007393 A1, of record, previously cited) in view of Lee II (US 2022/0183382 A1, of record, previously cited).
Regarding claim 5, Jung is directed to an aerosol generating apparatus including a case into which a cigarette is insertable (Abstract), which reads on “[a]n aerosol generating device configured to allow a cigarette to be inserted thereinto”. The apparatus 100 may include a heating unit 130 (“heater”) for the cigarette 500 [0081], a detector 160 (“insertion detection sensor”) which detects whether the cigarette 500 is inserted into the aerosol generating apparatus 100 [0090], and a controller 140 (“controller”) [0078]. The controller 140 generally controls operations of the device 100 and operates the heater 130 when the cigarette 500 is inserted ([0081, 0108], Fig. 5), but Jung fails to specifically disclose operation modes and thus fails to disclose the controller 140 being “configured to set an operation mode of the aerosol generating device to an ON mode or an OFF mode”. The controller 140 may reset a reference current characteristic value of the detector 160 ([0197, 0242], Fig. 16), which reads on “wherein the controller is further configured to reset the insertion detection sensor”. Jung further fails to disclose “a temperature sensor configured to detect a temperature of the heater” and configuring the controller 140 to “reset…the temperature sensor when the heater is not activated in the ON mode”.
Lee II is directed to an aerosol generating device and operation method thereof (Title). The device may include a temperature sensor (“temperature sensor”) for detecting a heater 420 temperature [0085], which one of ordinary skill in the art would recognize as being advantageous for improving control of the device and heater. Lee II also discloses that the controller 460 may operate the device 400 according to a plurality of modes such as an operation mode and a sleep mode (“ON mode” and “OFF mode”, respectively), and one of ordinary skill in the art would recognize that the sleep mode advantageously conserves power when the device is not in use [0094-98]. Further, the controller 460 resets a puff detection sensor 430 upon determining that the device is in use [0018, 0106-8]. Lee II explains that such puff sensors need to be frequently reset to reduce errors caused by environmental changes such as temperature changes, but should only be reset before actual use to conserve power [0003-5, 0109, 0113]. Lee II further discloses resetting other sensors before use [0113], and thus one of ordinary skill in the art would recognize that Lee II’s principle of resetting the puff detection sensor 430 before actual use could similarly be applied to the temperature sensor, which reads on “reset…the temperature sensor when the heater is not activated in the ON mode”.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Jung by incorporating Lee II’s temperature sensor, configuring Jung’s controller 140 to operate the apparatus 100 with Lee II’s operating mode and sleep mode, and configuring Jung’s controller 140 to reset the detector 160 and the temperature sensor in the operating mode before actual use of the heater 130, because Jung and Lee II are directed to aerosol generating devices, Lee II discloses the temperature sensor and operating modes which one of ordinary skill in the art would recognize as advantageous, Lee II teaches advantageously resetting a puff detection sensor 430 and other sensors before actual use which one of ordinary skill would recognize should be similarly applied to the temperature sensor, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 6, Jung discloses that the controller 140 determines insertion of the cigarette 500 based on a detected current change [0134], and operates the heater 130 when the cigarette 500 is inserted ([0148-9], Fig. 5). The heater 130 may be heated to a desired temperature which may be pre-set in the device 100 [0084], which reads on “wherein the controller is further configured to control the heater to start a heating operation according to a predetermined temperature profile when the cigarette is inserted”.
Regarding claim 7, Jung’s controller 140 may initialize a cumulative value of the current characteristic when a predetermined time elapses ([0241, 0246], Fig. 16), which reads on the controller 140 being configured to “reset the insertion detection sensor…when the insertion detection sensor does not detect the insertion of the cigarette for a preset period of time”. It would be similarly obvious to reset the temperature sensor at such time for the same reasons as set forth above in the discussion of claim 5 (see also [0247] explaining that periodic resets reduce the amount of computation, and thus reduce power consumption).
Regarding claim 11, the recited aerosol generating device and components thereof are similar to those recited in claim 5 and are similarly obvious over the combination of Jung and Lee II. Furthermore, as set forth above in the discussion of claim 5, modified Jung has the controller 140 which resets the detector 160 and the temperature sensor in the operating mode before actual use of the heater 130, which reads on the claimed method steps “operating the aerosol generating device in an ON mode; determining whether or not the heater is activated; and resetting the insertion detection sensor and the temperature sensor when the heater is not activated”.
Regarding claim 12, as set forth above in the discussion of claim 6, Jung discloses that the controller 140 determines insertion of the cigarette 500 based on a detected current change [0134], and operates the heater 130 when the cigarette 500 is inserted ([0148-9], Fig. 5). The heater 130 may be heated to a desired temperature which may be pre-set in the device 100 [0084], which reads on “when the insertion detection sensor detects the insertion of the cigarette, controlling the heater to start a heating operation according to a predetermined temperature profile”.
Regarding claim 13, as set forth above in the discussion of claim 7, Jung’s controller 140 may initialize a cumulative value of the current characteristic when a predetermined time elapses ([0241, 0246], Fig. 16), which reads on “wherein the resetting is performed based on the insertion of the cigarette being not detected for a preset period of time”.
Claims 8-10 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 2021/0007393 A1, of record, previously cited) in view of Lee II (US 2022/0183382 A1, of record, previously cited) as applied to claims 5 and 11, further in view of Yamada (EP 3871534 A1, of record, previously cited).
Regarding claim 8, Jung’s apparatus 200 may include a case 210 (“case”) with an insertion hole 212 for receiving the cigarette 500 ([0251, 0253], Fig. 18). Jung fails to disclose “a cover configured to open and close the insertion hole; and an opening/closing detection sensor configured to detect whether the insertion hole is opened or closed. wherein the controller is further configured to set the operation mode of the aerosol generating device to the ON mode or the OFF mode based on a sensing signal from the opening/closing detection sensor”.
Lee II discloses a slider 7 which covers or exposes a mouthpiece 22 ([0049], Figs. 2-3), and a position change detecting sensor 3 (“opening/closing detection sensor”) which detects the slider 7 position [0067]. When the cover 7 is opened, it indicates that the user is actually about to use the device, and thus the sensor 3 sends a signal to the controller 460 to reset the puff sensor 430 and operate the heater ([0106-7, 0115-6, 0119-21], Figs. 6-7).
Yamada is directed to an electronic device and method and program for operating electronic device (Title). The device 10 includes a cover 12 with a lid 14 (“cover”) which covers or opens an opening 12a through which a smoking article 110 can be inserted ([0026-28], Figs. 1A-B). When the cover 12 is opened, the device 10 may transition to a heating state 708, a stand-by state 702B, or a pre-heating state 702D ([0084, 0095-96], Figs. 7A-C). When the cover 12 is subsequently closed, the device 10 may transition from the heating state 708 to a normal state 702 [0084]. One of ordinary skill in the art would recognize that this manner of operation advantageously ensures the device 10 is ready to operate when the cover 12 is opened and conserves power when the cover 12 is closed.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to further modify Jung by incorporating Yamada’s lid 14 onto Jung’s case 210 for covering the insertion hole 212, incorporating Lee II’s position change detecting sensor 3 to detect opening and closing of the lid 14, and configuring Jung’s controller 140 to operate the apparatus 100 in Lee II’s operating mode when the lid 14 is opened and in the sleep mode when the lid 14 is closed (which reads on “wherein the controller is further configured to set the operation mode of the aerosol generating device to the ON mode or the OFF mode based on a sensing signal from the opening/closing detection sensor”), because Jung, Lee II, and Yamada are all directed to electronic vaporization devices, Lee II discloses reducing unnecessary power consumption by resetting sensors and preheating the heater only when the user is actually about to use the device [0113], one of ordinary skill in the art would recognize that Yamada’s lid 14 being open corresponds to a user about to use the device, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 9, as set forth above in the discussions of claims 5 and 8, Lee II discloses that the controller 460 may operate the device 400 according to a plurality of modes such as an operation mode and a sleep mode [0094-98], and Yamada discloses transitioning to a heating state 708, a stand-by state 702B, or a pre-heating state 702D when the cover 12 and lid 14 are opened ([0084, 0095-96], Figs. 7A-C). Therefore, it would be obvious to configure Jung’s controller 140 to place the apparatus 100/200 in an operation mode and reset the detector 160 when the position change detecting sensor 3 detects that the lid 14 is opened, for the same reasons as set forth above in the discussion of claims 5 and 8 (i.e., because opening the lid 14 indicates the user is about to insert a cigarette 500 and use the apparatus 100/200), which reads on “wherein the controller is further configured to set the operation mode of the aerosol generating device to the ON mode and activate the insertion detection sensor, when the sensing signal indicates that the insertion hole is opened”.
Regarding claim 10, as set forth above in the discussions of claims 5 and 8, Lee II discloses that the controller 460 may operate the device 400 according to a plurality of modes such as an operation mode and a sleep mode [0094-98], and Yamada discloses that when the cover 12 is subsequently closed, the device 10 may transition from the heating state 708 to a normal state 702 [0084]. Therefore, it would be obvious to configure Jung’s controller 140 to place the apparatus 100/200 in a sleep mode and deactivate the detector 160 when the position change detecting sensor 3 detects that the lid 14 is closed, for the same reasons as set forth above in the discussion of claims 5 and 8 (i.e., to conserve power when the apparatus 100/200 is not about to be used), which reads on “wherein the controller is further configured to set the operation mode of the aerosol generating device to the OFF mode and deactivate the insertion detection sensor, when the sensing signal indicates that the insertion hole is closed”.
Regarding claim 14, as set forth above in the discussion of claim 9, it would be obvious to configure Jung’s controller 140 to place the apparatus 100/200 in an operation mode and reset the detector 160 when the position change detecting sensor 3 detects that the lid 14 is opened, which reads on “determining whether or not an insertion hole for the cigarette is opened or closed; and setting an operation mode of the aerosol generating device to the ON mode based on the insertion hole being opened”.
Regarding claim 15, as set forth above in the discussion of claim 10, it would be obvious to configure Jung’s controller 140 to place the apparatus 100/200 in a sleep mode and deactivate the detector 160 when the position change detecting sensor 3 detects that the lid 14 is closed, which reads on “determining whether or not an insertion hole for the cigarette is opened or closed; and when determining that the insertion hole is closed, setting an operation mode of the aerosol generating device to an OFF mode”.
Conclusion
THIS ACTION IS MADE FINAL. 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 MICHAEL PATRICK MULLEN whose telephone number is (571)272-2373. The examiner can normally be reached M-F 10-7 ET.
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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747
/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749
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