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
Applicant’s election without traverse of Group I (claims 1-10) in the reply filed on 2026 May 15 is acknowledged.
Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Specification
The disclosure is objected to because of the following informalities:
Abstract and [8-9, 60, 71-72, 96, 98-99]: “data satisfies” should be “data satisfy”.
[68, 104, and 110]: “data is described” and “data is changed” should be “data are described” and “data are changed”.
[99 and 103-104]: “the pressure change data is greater” and “the pressure change data is less” should be “at least one of the pressure change datums is greater” and “at least one of the pressure change datums is less”.
Appropriate correction is required.
Claim Objections
Claim 1, 4, and 8-9 are objected to because of the following informalities:
Claim 1: in line 8, “when the first remaining puff data satisfies” should be “when the first remaining puff data satisfy”.
Claim 4: “the pressure change data is greater” should be “at least one of the pressure change datums is greater”.
Claim 8: “data satisfies” should be “data satisfy”, and “output a user interface” should be “output the user interface” to clearly point to the same user interface recited earlier in the claim.
Claim 9: “data is obtained” should be “data are obtained”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim (US 20200352244 A1 cited on an IDS).
Claim 1: Lim teaches an aerosol-generating device (fig. 2 and [79], the device generates aerosol) comprising:
a heater ([79], #150) configured to heat an aerosol-generating product (aerosol generating material);
a sensor ([65], #130) configured to detect a user's puff (puff);
and a processor (120) electrically connected to the heater (150) and the sensor (130), wherein the processor is configured to:
obtain first remaining puff data ([103-104], initial available puff data indicating, e.g., 6 puffs) based on pressure change data (puff data) obtained through the sensor (130);
when the first remaining puff data (initial available puff data) satisfy a preset condition (> 0 initial puffs remain) and a user input (puff) is received, obtain data regarding an inhalation pattern (puff strength and puff interval data) based on the pressure change data (puff data);
change the first remaining puff data (initial available puff data) to second remaining puff data (calculated available puff data indicating, e.g., 5 puffs) based on the data regarding the inhalation pattern (puff strength and puff interval data);
and supply power to the heater (150) based on the second remaining puff data (heating continues based on the calculated available puff data).
Claim 2: Lim teaches the aerosol-generating device of claim 1, wherein the first remaining puff data ([103-104], initial available puff data) and the second remaining puff data (calculated available puff data) comprise a number of remaining puffs.
Claim 3: Lim teaches the aerosol-generating device of claim 1, wherein the processor determines that the preset condition ([103-104], > 0 initial puffs remain) of the first remaining puff data (initial available puff data) is satisfied when a number of remaining puffs (number of initial available puffs) is a preset number of puffs (when a number of initial available puffs is a maximum capacity, e.g., 8 puffs, then the preset condition of [> 0 initial puffs remain] is satisfied).
Claim 4: Lim teaches the aerosol-generating device of claim 1, wherein the processor is further configured to: detect whether at least one of the pressure change datums ([103-104], puff strength) is greater than a preset value (puff strength > 0); and when the at least one pressure change datum (puff strength) is greater than the preset value (puff strength > 0), obtain the data regarding the inhalation pattern (puff strength and puff interval data) based on the pressure change data (puff data).
Claim 5: Lim teaches the aerosol-generating device of claim 1, wherein the processor is further configured to obtain the data regarding the inhalation pattern ([103-104], puff strength and puff interval data) based on an accumulated value of a pressure change (the puff strength and puff interval data reflect an accumulated puff strength, i.e., pressure change; for example, if accumulated puff strength is high, then the available puff data will reflect a calculated 5 puffs rather than an initially expected 6 puffs).
Claim 6: Lim teaches the aerosol-generating device of claim 5, wherein the accumulated value of the pressure change is obtained through an arithmetic operation on effective pressure change values ([103-104], the puff strength and puff interval data reflect an accumulated puff strength, i.e., sum of pressure changes), is included in the pressure change data (puff data), and is a negative value (puffing creates a negative pressure differential across the device, so the accumulated puff strength will be negative with respect to the device).
Claim 7: Lim teaches the aerosol-generating device of claim 1, wherein the data regarding the inhalation pattern ([103-104], puff strength and puff interval data) comprises an amount of a pressure change per puff and a puff interval.
Claim 8: Lim teaches the aerosol-generating device of claim 1, further comprising a display ([105], LED display) on which a user interface (communication of the calculated available puff data) is displayed, wherein the processor is further configured to, when the first remaining puff data (initial available puff data) satisfy the preset condition (> 0 initial puffs remain), output the user interface (communication of the calculated available puff data) that guides the user input (puff) through the display (LED display).
Claim 9: Lim teaches the aerosol-generating device of claim 1, wherein the second remaining puff data ([103-104], calculated available puff data) are obtained by changing a number of additional puffs (for example, if accumulated puff strength is high, then available puff data will be a calculated 5 puffs rather than an initially expected 6 puffs) in the first remaining puff data (initial available puff data).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 20200352244 A1 cited on an IDS) in view of Soriano (US 20190364971 A1).
Claim 10: Lim teaches the aerosol-generating device of claim 1, wherein the processor is further configured to obtain the pressure change data ([103-104], puff data) by performing signal processing ([282], the processor uses conventional electronic techniques such as signal processing) on data output from the sensor (fig. 2 and 65], #130).
Lim does not explicitly teach that the signal processing is digital signal filter processing.
Soriano teaches an aerosol-generating device (title) comprising a processor configured to perform digital signal filter processing ([108], processing through a digital filter), such that the digital filter smooths and filters fluctuations from data [108].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Lim’s generic and conventional signal processing, Soriano’s specific digital signal filter processing, because doing so would smooth and filter fluctuations from Lim’s pressure data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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