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 .
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) 15-22, 26-27, 29 and30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BUTIN et al. (WO 2019002613 A1, published 1/3/2019) with all reverences being made to BUTIN et al. (US 2021/0145071).
With respect to claim 15, BUTIN et al. discloses an inductively heated aerosol-generating system (Abstract) comprising an inductive heating arrangement having an inductor and a susceptor (Paragraphs [0235], [0236]) and a controller (Paragraphs [0100], [0238]) configured to determine an apparent resistance of the susceptor from measurement of at least one of the DC voltage supplied from the DC power supply and the current drawn form the power supply (e.g., monitoring an electrical control parameter during an operational heating mode (Paragraph [0100]) and control the temperature of the susceptor (Paragraph [0103]) by controlling power supplied to the inductive heating arrangement, by controlling the duration of the time interval between successive pulses of power (Paragraph [0100] (e.g., maintain the temperature of the susceptor within an operational range). The controller is further configured to determine when the current supplied from the power supply is at a maximum current value; stop, reduce or interrupt the power to the inductor to end the heating pulse when the maximum current value is determined; and after the determined time interval based on the measured current of the probing pulses, start or increase the supply of power such that power is supplied to the inductor in a series of heating pulses (Paragraph [0069]). The controller is configured to detect variations in the rate of change of measured current values from the power supply in each pulse (Paragraph [0062]).
The susceptor is configured to undergo a reversible phase transition when heated through a predetermined temperature range (Paragraphs [0062]-[0066]; [0249]; Figure 9) with the controller configured to identify upper and lower boundaries (e.g., DCmax and DCmin) (Paragraphs [0062]-[0066], [0073], [0249], [0250]; Figure 9) associated with the phase transition; and the target value is between these boundaries (Paragraphs [0249], [0250], [0261]).
With respect to claim 16, BUTIN et al. disclose that the controller is configured to maintain the temperature within the operational temperature range by supplying power to the heating arrangement and monitoring the electrical control parameter and modifying (e.g., turning the power on or off) when the parameter matches the target (Paragraphs [0249], [0250], [0261]).
With respect to claim 17¸BUTIN et al. discloses that the controller supplies pulses of current to the heating arrangement to maintain the temperature (Figures 10 and 11; Paragraph [0018], [0111], [0112], [0260]).
With respect to claim 18¸BUTIN et al. discloses that the heating pulses are measured by probing pules (Paragraphs [0260]-[0264]) to measure the condition of the heating pulses.
With respect to claim 19, BUTIN et al. discloses that the change in operation (e.g., turning power on or off to the heater arrangement) is implemented if the condition is not met over a duration of the pulse (Paragraphs [0015], [0058], [0060])
With respect to claim 20, BUTIN et al. discloses that the control parameter is the apparent resistance of the susceptor (Paragraphs [0073], [0073]).
With respect to claims 21 and 22¸ BUTIN et al. discloses that the control parameter is the apparent resistance of the susceptor and whether it increases during heating (Paragraphs [0073], [0073], [0096]).
With respect to claim 26, BUTIN et al. discloses that the heating pulses are discrete (Paragraphs [0156]-[0164]; Figure 11) and probing pulses measure each heating pulse [0260]-[0264]) and the control parameter is measured over time (Figure 9) and thus the slope is necessarily determined.
With respect to claim 27, BUTIN et al. discloses that the heating pulses are discrete (Paragraphs [0156]-[0164]; Figure 11) and probing pulses measure each heating pulse [0260]-[0264]) and the control parameter is measured over time (Figure 9) and thus the slope is necessarily determined.
Moreover, the control parameter is conductance of the heating system (Paragraphs [0084]-[0086]; [0264]).
With respect to claim 29¸ BUTIN et al. discloses that based on the control parameter measurements, the susceptor is allowed to cool (Paragraphs [0038], [0039], [0067], [0255], [0073], [0073], [0096]).
With respect to claim 30, BUTIN et al. discloses that based on the control parameter measurements, the susceptor is allowed to cool (Paragraphs [0038], [0039], [0067], [0255], [0073], [0073], [0096]), by controlling the time between heating pulses (e.g., duty cycle) (Paragraphs [0034]-[0036])
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.
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Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over BUTIN et al. (US 2021/0145071) in view of CHEN (US 2024/0245139).
With respect to claim 28¸ BUTIN et al. does not explicitly disclose the claimed recovery mode in the event the parameter is low.
CHEN discloses an aerosol generating device (Abstract) having a heater control module that activates the heater in a normal operation mode or a calibration mode (e.g., recovery mode) to obtain electrical characteristics and temperatures of the heater (Paragraphs [0004], [0005]). The recovery mode is run when the expected temperature does not match the measured temperature (Paragraphs [0082]-[0084]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to enter a recovery mode in BUTIN et al. as taught by CHEN so that in the event the control parameter is not in spec (e.g., either too high or too low) then the device can be recalibrated to obtain new electrical characteristics based on measured temperature.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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